Schedule A Occupations
Generally PERM Labor Certification filing is required for most second and third preference employment based petitions. However there are some exceptions. The Department of Labor (DOL) has recognized that certain occupations exhibit consistent shortage in the US and as such a labor certification filing is not required. In other words the DOL has determined that there are not sufficient American workers who are able, willing, qualified, and available for certain occupations. These occupation are referred to as “schedule A” occupations and they are enumerated in 20 CFR 656.5. They are broken down to group I & group II occupations:
Group I Occupations:
1. Physical therapists who are licensed or qualified to be licensed in the state of intended employment
2. Professional nurses who obtained a Certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS), licensed in the state of intended employment, or who have passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN)
Group II occupations:
1. Foreign National with exceptional ability in the Sciences or Arts. The category includes college and university teachers having exceptional ability that have practiced their science or art during the year prior to filing and intend to practice the same science or art in the US. The foreign national must show:
2. Foreign Nationals with exceptional ability in Performing Arts. It requires
Filing procedure:
Foreign nationals, who may qualify as schedule A candidate, may have his employer file their immigrant visa petition directly with USCIS. They are required to fill form ETA 9089 in duplicate as part of the petition, and must comply with other posting and prevailing wage requirements as well.
Group I Occupations:
1. Physical therapists who are licensed or qualified to be licensed in the state of intended employment
2. Professional nurses who obtained a Certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS), licensed in the state of intended employment, or who have passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN)
Group II occupations:
1. Foreign National with exceptional ability in the Sciences or Arts. The category includes college and university teachers having exceptional ability that have practiced their science or art during the year prior to filing and intend to practice the same science or art in the US. The foreign national must show:
a. widespread acclaim and international recognition accorded the foreign national by recognized experts,
b. foreign national's intended work in the United States will, require exceptional ability, and
c. two of the following seven criteria:
i. receipt of internationally recognized prizes or awards for excellence in the field,
ii. membership in international associations which require outstanding achievement of their members, as judged by recognized international experts in their disciplines or fields
iii. Published material in professional publications about the foreign national, about the foreign national's work
iv. participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization
v. Evidence of the foreign national's original scientific or scholarly research contributions of major significance
vi. authorship of published scientific or scholarly articles in the field for which certification is sought, in international professional journals or professional journals with an international circulation;
vii. Display of the foreign national's work, in the field for which certification is sought, at artistic exhibitions in more than one country.
2. Foreign Nationals with exceptional ability in Performing Arts. It requires
a. The foreign national must have exceptional ability related work during the past 12 months
b. Whose planned work in the US will require exceptional ability.
c. Evidence of exceptional ability should include some of the following:
i. current widespread acclaim and international recognition accorded to the foreign national, and receipt of internationally recognized prizes or awards for excellence;
ii. Published material by or about the foreign national, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals;
iii. earnings commensurate with the claimed level of ability;
iv. Playbills and star billings;
v. outstanding reputation of theaters, concert halls, night clubs, and other establishments in which the foreign national has appeared or is scheduled to appear; and/or
vi. Outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations in which or with which the foreign national has performed during the past year in a leading or starring capacity.
Filing procedure:
Foreign nationals, who may qualify as schedule A candidate, may have his employer file their immigrant visa petition directly with USCIS. They are required to fill form ETA 9089 in duplicate as part of the petition, and must comply with other posting and prevailing wage requirements as well.