Work Visa in New York Eb-2 Schedule a Rn Approval

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.

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.

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.

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.