CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing
EMPLOYER: Community Health Center
BENEFICIARY: Canadian
LOCATION: Ontario, CA
Our client is a certified mental health nurse practitioner in Ontario Canada. His employer was willing to filed an I-140 Petition for him. Since he is a certified mental health nurse practitioner, he is eligible for the “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, before filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. Hence, the employer does not have to go through the labor certification process for Schedule A cases. The position of Nurse Practitioner is included in Schedule A.
Our client has a master’s degree in nursing and is a certified Nurse Practitioner. Our office was retained on February 12, 2022 and we filed the Prevailing Wage Determination immediately.
We filed the I-140 application via premium processing on April 20, 2023. We included the job offer letter, the notice of filing, the employment letter, and other supporting documents.
Our cover brief included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation. On April 28, 2023, the USCIS approved his EB-2 I-140 petition without any RFE. Once the priority date for the EB-2 category becomes current, he will be eligible to file his adjustment of status application.