Caregivers petition are now current

By Atty. Crispin Caday Lozano

In the August 2019, visa bulletin, the filing dates for applying for adjustment of status for Caregivers which is classified under Third Preference Employment Based petition is now current.  This means that if you have an approved I-140 petition as Caregiver you can file for adjustment of status now.

For those applying in the U.S. consulates abroad, the cut-off date is July 1, 2016, which is about three years behind.  However this wait time is a good news considering that the waiting times for other family based petitions are backlogged more years behind.

Several years before, many employers have been reluctant to sponsor caregivers for green cards because of long government waiting times.

For the last three years the wait times has decreased significantly. In June 2019, the waiting times for the Employment-Based 3rd Category (EB-3) for professionals, skilled and unskilled workers born not only in the Philippines, but in almost every country of the world has been reduced to current.

Who qualifies as a caregiver?

Generally, employers will request that a caregiver have 2-3 years of experience caring for seniors or patients. Among those who qualify are nurses, whether RNs, LPNs or CNAs.

In addition, those who have experience working as caregivers abroad also qualify even if they are not a nurse or CNA.  They are considered other workers.

How can you file for a Caregiver?

First there must be a PERM labor certification.  The employer must show that there are no U.S. citizens or Permanent Residents available in the job market for the petition to be approved.  Upon approval, an I-140 petition should be filed showing that the employer has the ability to pay the caregiver. Once the I-140 petition is approved, the Adjustment of status can be filed assuming the priority date is still current as it is now.

How long will the process?

PERM labor certification may take 8 months to one year and the I-140 petition may take six to one year.

Note:           This is not a legal advice.  You need to speak with an Immigration lawyer to consider the specifics of your case.


  1. For the month of July 2019, we received approvals of two N-400 application for Naturalization, one I-751 Petition to remove condition of residence with interview and two I-90 renewal of green card.
  2. For June 2019, we received approvals of four adjustment of status, six naturalization applications and two certificate of citizenship applications, and one Removal of condition on resident.
  3. On May 6, 2019, we received approvals of three adjustment of status applications and two Naturalization applications.
  4. On April 24, 2019, we received approval from USCIS for three naturalization applications and one adjustment of status.
  5. On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
  6. On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
  7. From March 4 to 26, 2019, we received six adjustment of status approvals.
  8. For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
  9. On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
  10. On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  He practices immigration law, bankruptcy and personal injury law since June 1999.  His contact phone is 1-877-456-9266, email:

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment