Schedule A is a list of occupations determined by the United States Department of Labor. Each occupation or job classification listed in Schedule A pre-certification is a job in which foreign workers do not adversely affect the job market or United States workers. Generally, Schedule A occupation workers include physical therapists, professional nurses, scientists with exceptional ability, artists of exceptional ability, and performing artists of exceptional ability.
Schedule A-Based Immigrant Visa Petition Requirements
Because the occupations listed in Schedule A have already been found not to damage the United States labor market, those filing Schedule A-based immigrant visa petitions have a simplified labor certification process. However, there are still several requirements:
- An official job offer and employer sponsor in the United States.
- An I-140 and an uncertified PERM labor certification petition, both filed by the employer.
- If you are a physical therapist or registered nurse, proof of your certification and qualifications.
- If you are a scientist or artist with extraordinary ability, proof of your accomplishments and acclaim.
Schedule A Occupations
Schedule A is a list of occupations, set forth at 20 CFR 656.15, for which the Department of Labor has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed.
The occupations listed under Schedule A include:
- Physical Therapists – who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy; and
- Professional Nurses – the alien (i) has a Commission on Graduates Foreign Nursing Schools (CGFNS) Certificate, (ii) the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX—RN) exam, or (iii) the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment.
- Scientists or Artists (except performing arts) – Aliens of exceptional ability in the sciences or arts (except the performing arts) including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States. For purposes of this group, the term “science or art” means any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill. An alien, however, need not have studied at a college or university in order to qualify.
- Performing Artists – Aliens of exceptional ability in the performing arts whose work during the past 12 months did require, and whose intended work in the United States will require, exceptional ability.
Schedule A Petition Help At Feldman Feldman & Associates
Whether you are a nurse or physical therapist, or whether you are a scientist or artist of extraordinary ability, a Schedule A-based immigration petition may be the ideal way for you to live and work in the United States. To learn more about Schedule A occupations, and whether you may qualify for a Schedule A visa, you are encouraged to speak with one of our experienced and skilled San Diego immigration attorneys.
At Feldman Feldman & Associates, our attorneys have helped over 10,000 clients with their immigration and visa needs, while the firm’s managing partner, Lynne Feldman, has over 30 years of experience in the practice. We are here to assist you and your family to work and live in the United States. Contact us today to find out more about your options.