CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipina
LOCATION: Des Plaines, IL
Our client is a registered nurse in the Philippines. Her prospective employer was willing to file an I-140 Petition for her. 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 on Schedule A.
Our client has a nursing degree and has several years of related experience. Our office was retained on April 27, 2022. We filed the prevailing wage request.
Upon the issuance of the prevailing wage, we filed the I-140 application on December 8, 2022 via premium processing. We included the job offer letter, the notice of filing, her degrees and nursing license, and other necessary documents. On December 23, 2022, the I-140 was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition.