Employment Based Green Cards: Labor Certification: Schedule A Occupations

The Chander Law Firm represents employers in the filing of Labor Certifications for Schedule A occupations, including Physical Therapists, Nurses, and persons of exceptional acclaim in the arts and sciences.

Schedule A is a list of occupations which the Department of Labor has determined there are not sufficient United States 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.

Occupations falling under Schedule A are not subject to Labor Certification pre-filing recruitment procedures.

The occupations listed under Schedule A include:

Group I

• 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 in 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.

Group II

• 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.

If you have any questions regarding the employment based green card process for physical therapists, nurses, and other Schedule A occupations, contact The Chander Law Firm today.