CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A
APPLICANT: Korean Registered Nurse
LOCATION: Buena Park, CA
Our client is a Korean registered nurse who currently works under her OPT. Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse.
Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.
Our client has a nursing degree and has California Registered Nursing License. Our firm told her that her current employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on January 29, 2021 and we started on her Prevailing Wage Request.
We filed the I-140 application on June 29, 2021 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any Request for Evidence (RFE), on July 13, 2021, the I-140 was approved.
Once her I-140 petition was approved, she retained our office again for adjustment of status application. On August 10, 2021, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on December 1, 2021, her green card application was approved without any RFE. Her adjustment of status application was approved less than 4 months from the filing date.