I-360 Schedule A Petition Approval — Nursing Field Immigration

IMMIGRATION LAW · SONG LAW FIRM CASE STUDY

Client Profile

A Korean-American client in the 20s–40s range who obtained a nursing degree in Korea or the United States and secured Registered Nurse (RN) qualifications. The client had passed the NCLEX-RN and had completed or was in the process of completing VisaScreen (CGFNS) certification, and had received an employment offer from a U.S. hospital, nursing home, or home health agency. This case study reflects the common pattern of Song Law Firm's Schedule A immigration matters in the nursing field.

Case Background

Against the background of U.S. nursing workforce shortages, the client group sought to invoke the Schedule A designation, which bypasses the standard PERM Labor Certification process. Occupations designated on Schedule A are those in which a shortage of U.S. workers has been pre-recognized, and immigration petitions in those occupations may be filed without PERM recruitment procedures. Registered Nurses and Physical Therapists are the representative Schedule A occupations.

Legal Requirements

The legal basis for Schedule A designation is 20 C.F.R. § 656.5. Schedule A Group I includes physical therapists and professional nurses and requires the following.

① RN qualification — an RN license valid in the state of intended employment, or qualification for such a license (including license-deferred conditions).

② NCLEX-RN passage or equivalent qualification.

③ VisaScreen — the healthcare worker certificate issued by CGFNS under INA § 212(a)(5)(C).

④ Employment offer meeting the prevailing wage standard.

The filing form is typically Form I-140 (EB-3 skilled worker/professional or EB-2), though Form I-360 is used in certain categories. This case study focuses on the Schedule A procedural framework in a manner that applies across those filing routes.

Song Law Firm's Strategy

Song Law Firm structured the Schedule A nursing immigration petition as follows.

First, we performed a qualification-document consistency review — cross-checking the U.S.-standard credential evaluation of the Korean nursing degree and experience, NCLEX-RN passage documentation, VisaScreen certificate validity, and the RN license status in the state of intended U.S. employment.

Second, we collaborated with the sponsor (employer) — working with the hospital or healthcare facility HR to prepare the job offer letter, confirm compliance with the prevailing wage standard, and post the notice of filing (NOF), among the other employer-side steps required for Schedule A filings.

Third, we assembled the petition evidence package — RN license, NCLEX passage documentation, VisaScreen certificate, credential evaluation report, job offer letter, and prevailing wage determination materials, all organized systematically.

Fourth, we designed the downstream procedures — based on whether the priority date would be current following I-140 approval, we pre-planned whether to file I-485 concurrently or subsequently, or to proceed via consular processing.

Case Processing and Timeline

After retainer execution, document collection, evaluation, and evidence package assembly took several weeks. After the employer-side notice of filing posting period, the petition was submitted. Where Premium Processing was available, a prompt decision notice followed; otherwise, standard adjudication proceeded on a relatively predictable Schedule A timeline.

Result

The client's petition was approved and a Form I-797 approval notice was issued. Where the priority date was current, the case proceeded to I-485 filing or consular processing, and the client began or continued work as a nursing professional in the United States.

Key Takeaways

Schedule A nursing immigration carries the strong advantage of an exemption from PERM recruitment, but requires that qualification documentation — RN license, NCLEX, VisaScreen, and credential evaluation — be pre-aligned. Reviewing the license requirements in the state of intended employment, the employer-side procedural obligations (such as notice of filing), and compliance with the prevailing wage standard in advance is the key to minimizing delays.