Many employment-based immigration categories require a Labor Certification from the Department of Labor before a petition can be filed with the USCIS. However, Schedule A occupations do not need a labor certification because the U.S. Department of Labor has already identified a shortage of U.S. workers who are able, willing, qualified, and available.
If an occupation is listed on Schedule A, it is already established that the employment of a foreign national in this occupation will not adversely affect the wages and working conditions of U.S. workers similarly employed. Therefore, the petitioner can skip the labor certification process and file the petition directly.
Schedule A is not a self-petitioning category. It requires a permanent job offer and thus is significantly different from the EB1 Extraordinary Ability category. A nurse should note that it is not possible to self petition under Schedule A and a U.S. employer must file on his or her behalf.
List of Schedule A Occupations: