1. Work Visa in New York | Case Overview and Immigration Framework
This case arose in New York State and was governed primarily by federal immigration law, including the Immigration and Nationality Act (INA) §203(b)(2) and corresponding regulations at 8 C.F.R. §204.5(k).
Because the beneficiary’s occupation involved regulated healthcare services in New York, the legal strategy also required strict compliance with New York State professional licensing statutes and employment regulations.
Background of the Registered Nurse Beneficiary
The beneficiary was a foreign trained healthcare professional who had recently completed the requirements necessary to practice as a licensed registered nurse in New York.
After satisfying examination and credential evaluation requirements applicable to nursing professionals, the beneficiary obtained licensure through the New York State Education Department pursuant to New York Education Law Article 139, which governs the admission and regulation of nursing professions.
This newly issued license formed the foundation of the work visa strategy, demonstrating the beneficiary’s immediate eligibility to perform professional nursing services in New York upon approval.
2. Work Visa in New York | Employer Sponsorship and Schedule A Strategy
The petitioning employer was a New York based healthcare provider operating in compliance with New York Labor Law and applicable healthcare employment standards.
Given the persistent demand for qualified registered nurses, the legal team determined that Schedule A, Group I was the most appropriate classification for this work visa based immigrant petition.
Schedule A Classification and Legal Basis
Under Department of Labor regulations at 20 C.F.R. §656.5, registered nurses are designated as Schedule A occupations, allowing employers to bypass the PERM labor certification process.
Instead, the employer was required to demonstrate a bona fide job offer, the beneficiary’s professional qualifications, and the employer’s continuing ability to pay the offered wage.
The immigration attorney prepared a comprehensive filing package aligning federal immigration standards with New York specific employment practices, including wage compliance and professional scope of nursing practice.
3. Work Visa in New York | Filing Process and Premium Processing Execution
Once the beneficiary’s licensure and employment terms were finalized, the I-140 immigrant petition was prepared and filed with U.S. Citizenship and Immigration Services.
The employer elected to proceed with premium processing to minimize operational disruption and ensure continuity of patient care services.
Coordination Between Employer and Legal Counsel
A key factor in this approval was the efficient coordination between the employer, the beneficiary, and immigration counsel throughout the filing process.
Employment documentation was structured to reflect compliance with New York Workers’ Compensation Law and employer insurance obligations, ensuring that all statutory requirements for lawful employment in New York were satisfied.
The petition was reviewed and approved within approximately two weeks, with no Request for Evidence issued by USCIS.
4. Work Visa in New York | Approval Outcome and Professional Impact
The approval of this EB-2 Schedule A petition provided the beneficiary with a clear pathway toward lawful permanent residence through a healthcare based work visa strategy.
For the employer, the approval ensured long term workforce stability and regulatory compliance within New York’s highly regulated healthcare environment.
Long Term Immigration and Employment Significance
This case illustrates how newly licensed nursing professionals can leverage New York licensure and Schedule A classification to secure permanent employment authorization efficiently.
By aligning federal immigration law with New York Education Law and labor regulations, the legal team delivered a streamlined and legally sound outcome.
The successful approval underscores the importance of early legal planning when transitioning from professional licensure to permanent work visa sponsorship in New York.
26 Dec, 2025
