A Comprehensive Guide to Filing Adjustment of Status Applications for International Nurses

VisaMadeEZ is an esteemed immigration law firm that specializes in assisting healthcare organizations with the recruitment of international nurses. As seasoned professionals, we understand the intricacies of the green card processes and procedures for family-sponsored or employment-based applications. In this article, we aim to provide a comprehensive guide on when to file your Adjustment of Status (AOS) application, ensuring a smooth and efficient process for healthcare organizations looking to hire international nurses.

Understanding Priority Dates:

Priority dates play a crucial role in family-sponsored and employment-based green card applications. These dates determine when an applicant can file their AOS application and ultimately become eligible for permanent residency in the United States. It is important to stay updated on the visa bulletin, issued monthly by the U.S. Department of State, which provides information on visa availability and priority dates.

Family-Sponsored Green Cards:

For healthcare organizations seeking to sponsor international nurses through family ties, understanding the process is paramount. The availability of green cards for family-sponsored applications is determined by the relationship between the applicant and the petitioner. The visa bulletin categorizes different types of relationships, including immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens), as well as specific preference categories such as unmarried sons/daughters of U.S. citizens or lawful permanent residents.

Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

To use the charts:

  1. Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
  2. Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
  3. If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
  4.  “U” means unauthorized; for example, numbers are not authorized for issuance.

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

Family- SponsoredAll Chargeability Areas Except Those ListedChina – mainland bornIndiaMexicoPhilippines
F101SEP1701SEP1701SEP1701APR0522APR15
F2A01SEP2301SEP2301SEP2301SEP2301SEP23
F2B01JAN1701JAN1701JAN1701AUG0401OCT13
F301MAR1001MAR1001MAR1015JUN0108NOV03
F401MAR0801MAR0822FEB0615APR0122APR04

Employment-Based Green Cards:

To sponsor international nurses through employment-based green cards, healthcare organizations must adhere to their respective preference categories. These categories are determined based on the relationship between the employer and the prospective employee, including the employer’s ability to demonstrate the unavailability of qualified U.S. workers for the position. Employment-based green card applications are processed within five preference categories, including priority workers (EB-1), professionals with advanced degrees or exceptional abilities (EB-2), skilled workers and professionals (EB-3), certain special immigrants (EB-4), and employment creation/investors (EB-5).

Employment- BasedAll Chargeability
Areas Except
Those Listed		CHINA-
mainland
born		INDIAMEXICOPHILIPPINES
1st01AUG2301FEB2201JAN1201AUG2301AUG23
2nd01JUL2208JUL1901JAN1101JUL2201JUL22
3rd01MAY2001SEP1901JAN0901MAY2001MAY20
Other Workers01MAY2001SEP1501JAN0901MAY2001MAY20
4th01SEP1801SEP1801SEP1801SEP1801SEP18
Certain Religious Workers01SEP1801SEP1801SEP1801SEP1801SEP18
5th Unreserved
(C5, T5, I5, R5, and all others)		C08SEP1501APR17CC
5th Set Aside
(Rural – 20%)		CCCCC
5th Set Aside
(High Unemployment – 10%)		CCCCC
5th Set Aside
(Infrastructure – 2%)		CCCCC