Schedule A is a U.S. Department of Labor (DOL) pre-certification, which establishes that workers in certain job classifications will not adversely affect U.S. workers. Thus, in the employment-based permanent residence process, cases falling under Schedule A bypass the need for a test of the labor market and application with DOL under the standard PERM labor certification process. This type of case is initiated through the filing of an I-140 petition, rather than a PERM labor application. It can be either an EB2 or EB3, depending upon the position requirements.
Schedule A contains two groups. The more commonly known is Group I, which includes physical therapists and professional nurses, only. The less commonly utilized is Group II, which is for persons of exceptional ability in science or arts and university teachers.
Requirements
- Job offer required for all schedule A cases.
- I-140 petition filed by employer, supported by completed, but uncertified PERM labor certification petition
- Documented compliance with DOL notice posting rules
- Proof of licensing or certification qualifications as nurse or physical therapist
- Group II: proof of widespread acclaim and international recognition
- Group II: documentation of at least two out of a list of seven documentary requirements.
How We Can Help You
- The Murthy Law Firm guides nurses, physical therapists, and their employers regarding permanent residence options and procedures under Schedule A.
- We provide representation in conjunction with the preparation and submission of petitions and related applications under Schedule A, Group I, for nurses and physical therapists.
- We evaluate qualifications for those potentially eligible for Schedule A, Group II, and provide representation in connection with the related permanent residence petitions and applications.