(RICHMOND, Virginia) Attorney Nash Joseph Fayad, Founder and President of Fayad Law, P.C., comments on U.S. Citizenship and Immigration Services (USCIS) announcement that an unusually high number of employment-based visas are available this fiscal year (October 2021 through September 2022) and how this can directly impact the nursing shortage in the United States. Because there are insufficient United States workers for certain occupations, the U.S. Department of Labor (DOL) determined that available United States workers would not be displaced by hiring a foreign national nurse or physical therapist.
Schedule A occupations allow employers to skip the PERM Labor Certification application, which can take up to a year, and go straight to filing an I-140 immigrant visa petition with USCIS. Professional nurses who are licensed and meet specific educational requirements fall under Schedule A. Although the employer can skip the PERM process, they will need to obtain a Prevailing Wage Determination from the DOL before filing a Schedule A I-140 petition (sponsoring the nurse for a green card) directly with USCIS.
An employer may also recruit internationally and sponsor a nurse outside of the United States by filing an I-140 petition with a U.S. Consulate abroad for the nurse to enter the country on an Immigrant Visa (Permanent Resident Visa) to begin working for the sponsoring employer.
Nash Fayad established Fayad Law, P.C. in 2004 as a full-service immigration law firm and understands how important it is for you to have your immigration case resolved quickly and efficiently. Our Virginia immigration lawyers can assist you whether you are an employer seeking to fill a critical position in healthcare, or a worker looking to come to the United States.
“Though the petitioning employer must still meet the DOL’s Schedule A eligibility requirements, the new streamlined process, combined with the large number of employment-based visas available this fiscal year, can help address the critical nursing shortage in the United States by allowing employers to hire international nurses. At Fayad Law, we can help parties from all over the world prepare these petitions and other paperwork. We can also work to expedite cases and represent clients in meetings with immigration officials,” says Fayad.
About Fayad Law, P.C.
Our attorneys at Fayad Law, P.C. come from various immigrant backgrounds and have firsthand knowledge of what it means to be an immigrant. They have represented a diverse range of clients, including foreign nationals seeking Green Cards or citizenship in the United States, U.S. immigrants seeking to bring their foreign-national family members into the country, and even U.S. employers seeking to hire foreign workers and bring them to the United States. We also can assist you with deportation defense and appeals of unfavorable immigration decisions, among other immigration-related issues.
Fayad Law, P.C.’s skilled legal team, can provide you with a dedicated legal advocate when you require assistance with an immigration law matter. To schedule an initial consultation, contact one of our office locations or call (804) 249-4747.