Since July 2007 when the 3rd preference Employment Based preference (EB-3) priority date got retrogressed back to 2003, the "Schedule A" (pre-certified class which does not require filing of the Labor certificate with the Labor department) had to wait to in the same waiting line like other EB-3 occupations.  It means 5-6 years of waiting until the priority date for EB-3 becomes current.

However, our office has researched, and successfully processed a "Schedule A" nurse under the EB-2 category as a nurse instructor.  This is a very creative and perfectly legal way of taking a short cut, making the priority date immediately current for nurses who have at least a master’s degree in nursing.

This is how it works: (1) Nurse instructor (clinical) falls under a broad definition of a nurse, thus under the "Schedule A" which does not require a labor certification; (2) Since the standard job requirement for a nurse instructor requires at least an MA in nursing, it fits into the EB-2 category, the priority date for which is immediately current.

What it practically means is that a nurse instructor can file I-140 petition, ETA 9098 (LC), I-485 application (for adjustment of status aka green card), and EAD (employment authorization) at the same time.  S/he can start working as a nurse instructor as soon as an EAD is issued (2-3 months), and will receive a green card within 6 months or so, instead of following the EB-3 track and wait for 5-7 years.

We sincerely hope that this can be a real solution and an excellent way out for some of nurses.