SCHEDULE A OCCUPATIONS - A FAST TRACK
What is this special list of occupations?
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.
An avenue to Legal Permanent Residency that bypasses Labor Certification
List of Schedule A Occupations:
- 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
- Professional Nurse - who:
- has a Commission on Graduates in Foreign Nursing Schools(CGFNS) Certificate;
- has passed the National Council Licensure Examination for Registered Nurses exam; or,
- holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment.
- Sciences or arts (except performing arts) - Persons (except for those in the performing arts) of exceptional ability in the sciences or 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. A person, however, need not have studied at a college or university in order to qualify for the Group II occupation.
- Performing Arts - Persons 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.
