Visa Lawyer Blog
Exciting news for Filipino nurses. The EB-3 employment-based category will become current in July 2019 through the summer.
This means that if you have an approved PERM application that was filed by your employer, your employer may file Form I-140 Immigrant Petition for Alien Worker on your behalf. Please note that registered nurses and physical therapists are not required to go through the PERM process and may proceed straight to the I-140.
Since there will be no waiting period in July 2019 through the summer, EB-3 Filipino nurses will be able to apply for the I-140 straight away, and for their adjustment of status. Applicants who are outside of the United States, may apply for their immigrant visa at a U.S. Consulate/Embassy in their country of residence.
Important Steps
If your employer has not filed a PERM application for you, they should do so as soon as possible. The PERM requirement does not apply to registered nurses or physical therapists.
After the PERM application is approved, your employer must file Form I-140 Petition for Alien Worker on your behalf. Registered nurses and physical therapists do not need to file a PERM application, and their employers may proceed with the immigrant visa petition (I-140).
As soon as the I-140 petition is approved, the applicant may apply for permanent residence if lawfully present in the US, or at a U.S. Embassy/Consulate in their country of residence.
If your I-140 is currently pending, you may still prepare and file your application for permanent residence in July.
News for Employers
This is very exciting news for employers seeking to sponsor Filipino nurses during the summer time. Employers will no longer have to wait the typical waiting period for the EB-3 category with the added bonus being that registered nurses and physical therapists do not need to go through the tedious and time consuming process of applying and waiting for their PERM to be approved, before proceeding with the I-140 petition.
Please contact jacob@h1b.biz if you have questions or call our office to schedule a consultation. Our office has helped thousands of health care professionals and their employers apply for PERM, and subsequently the I-140 under the EB-3 category.