Schedule A Occupations

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The Schedule A Occupation:
An immigrant avenue that bypasses Labor Certification

Schedule A Benefits

Many employment-based immigration categories require a Labor Certification from the Department of Labor before a petition can be filed with the USCIS. Schedule A occupations are pre-certified by the Department of Labor. Therefore, the petitioner can skip the the labor certification process and file the petition directly.

What is Schedule A?

Schedule A is a list of occupations for which the Department 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.

What is the difference between the Eb-1 Extraordinary Ability and the Schedule A Exceptional Ability immigrant categories?

There are major differences between these two immigrant categories. For example, unlike the Eb--1 extraordinary ability category, which does not require employer sponsorship or a permanent job offer, the Schedule A exceptional ability category requires a permanent job offer from a U.S. employer.

Can a professional nurse self-petition?

No. A U.S. employer must file the Schedule A petition.

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 Nurses - who:
(i) has a Commission on Graduates in Foreign Nursing Schools(CGFNS) Certificate;
(ii) the alien has passed the National Council Licensure Examination for Registered Nurses exam; or,
(iii) the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment.

Sciences or arts (except performing arts) - Aliens (except for aliens 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. An alien, however, need not have studied at a college or university in order to qualify for the Group II occupation.

Performing Arts - 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.