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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:
- The nurse must have passed the Commission on Graduates in Foreign
Nursing Schools (CGFNS) Examination; or
- 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:
- A
Physical Therapist with a 4 Year Bachelor Degree in Physical Therapy, or equivalent, and,
- A Physical Therapist with a State License, or,
- 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®) or the Foreign
Credentialing Commission on Physical Therapy
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.
CFGNS ANNOUNCEMENTS
Effective
January 1, 2008, the following fee will be charged: Credential Verification Service
for New York State (CVS) $350.00, including $50 order processing fee.
FCCPT ANNOUNCEMENTS
The following fee increases become effective January 1, 2008:
- Type 1 Comprehensive Credentials Certification = $660.00
- Type 2 Visa
Screening = $465.00
- Educational Credentials Review = $465.00
- NY Verification process = $355.00
- RE-evaluations and Reactivations
= $210.00
The following FCCPT policy changes become effective January 1, 2008: - All applications are to be made online – paper applications will no longer be accepted.
- Withdrawal Policy for ALL services. Applicants may withdraw a submitted application within 5 business
days. A refund will be subject to a $100 service fee. There will be no refund for a withdrawal after the 5th business day.
If an applicant subsequently reopens an application the full fee would be required at that time.
- Change
of Service Request Policy An Applicant who wishes to make a change in services will be subject to a $100 service fee for the
change.
- Payment policy, Full payment for services is due at the time of application.
- Late Fees: Applicants who do not pay for a service at the time of application will be assessed a late
fee of $100 after 30 days. The late fee will increase to $200.00 if not paid after 60 days. Applications without a payment
after 90 days will be closed.
Contact Schedule A Immigration Attorney 800.993.9097 Pittsburgh Immigrationl Lawyer 412-904-1796
/ Princeton Immigration Lawyer 732-589-4569
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; Washington, D.C.; Virginia;
Georgia; Ohio; Iowa; and more.
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