Schedule A - Schedule A is a list of occupations for which the U.S. Department of Labor has determined that there is an insufficient number of U.S. workers who are able, willing, qualified and available. Inclusion on Schedule A also establishes that the employment of foreign workers in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed. The advantage of being on Schedule A is that the foreign worker can obtain a green card without first having to go through the entire labor certification process.

Currently, only two occupations are explicitly listed on Schedule A:

Professional Nurses – To qualify for Schedule A processing, a professional nurse must meet at least one of these two alternative requirements:

1.       The nurse must have passed the Commission on Graduates in Foreign Nursing Schools (CGFNS) Examination; or

2.       The nurse must hold a full and unrestricted license to practice professional nursing in the state of intended employment.

The CGFNS certificate provides evidence that the nurse has complied with a three step review of their nursing skills: (1) a credentials evaluation; (2) passage of an English language proficiency exam; and (3) passage of the CGFNS qualifying exam. Once these requisites have been met, the Commission on Graduates of Foreign Nursing Schools will issue the nurse a CGFNS certificate. The purpose of this certification program is to serve as a predictive evaluation process to accurately judge which nurses will be able to meet the requirements for U.S. licensure once admitted to the country. If the nurse has already passed the NCLEX-RN exam, they are exempted from the requirement of obtaining a CGFNS certificate.

Visit the Commission on Graduates in Foreign Nursing Schools at http://www.cgfns.org/

Physical Therapists – To qualify for Schedule A processing, a Physical Therapist must meet the following requirements:

1.       A Physical Therapist with a 4 Year Bachelor Degree in Physical Therapy, or equivalent, and,

2.       A Physical Therapist with a State License, or,

3.       A Physical Therapist with a letter from the State Licensing Authority for the state of intended employment stating that the Foreign National Physical Therapist is qualified to take that state's written licensing examination for Physical Therapists. 

Visit The National Board for Certification in Occupational Therapy, Inc. (NBCOT®) at http://www.nbcot.org/ or the Foreign Credentialing Commission on Physical Therapy http://www.fccpt.org/

Process:  Schedule A is an EB-3 Preference Category, which does not require a labor certification.  You file Form I-140 and then proceed with either Form I-485, Adjustment of Status (in the US) or Consular Processing (outside of the US).  Note Adjustment of Status or Consular Processing depends on whether or not the priority date is current for the EB-3 Preference Category.

Supporting Documentation must also be submitted with the I-140 as prescribed in 20 C.F.R. 656.22(c)(2). This supporting evidence includes the following:

• Completed PERM Labor Application, ETA 9089, in duplicate (the recruiting process under PERM need not, however, be completed);
• A posted notice of the job opening. This notice must include a job description, work hours, and rate of pay. The notice must be posted in the worksite for a minimum of ten consecutive business days;
• Prevailing Wage issued from the State Wage Agency;
• Evidence of the Employer’s Ability to Pay 100% of the Prevailing Wage. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements. If the U.S. employer employs 100 or more workers, the USCIS may accept a statement from a financial officer of the organization;
• Original Support Letter from the Employer attesting to the terms of employment, 100% prevailing wage, job duties and the health care worker’s qualifications;
• Copy of Job Offer Letter (and Copy of Standard Promissory Note, if applicable);
• Credentials of the Nurse or the Physical Therapist including:

For a Nurse:

• CGFNS certificate or nurse license from state where the nurse will be working or proof of passing the NCLEX licensing exam and evidence that the nurse cannot obtain a license because he or she cannot obtain a social security numbers;
• Nursing diploma or degree;
• Nursing registration/licensure from the country where the degree was obtained;
• Resume;

For a Physical Therapist:

• NBCOT or FCCPT Certification;
• Physical Therapist diploma or degree;
• Physical Therapist registration/licensure from the country where the degree was obtained; and
• Resume.

Contact an experienced Schedule A Immigration Attorney toll free at 800.993.9097 or via email at info@usimmhelp.com.  Our US Immigration Attorney effectively represents health care professionals and health care agencies all throughout the United States and across the globe.  Our Immigration Lawyer serves clients in Pittsburgh, Pennsylvania; Princeton, New Jersey; Delaware; Washinton, D.C.; Virginia; Georgia; Ohio; Iowa; and more.