Schedule A—Physical Therapists, Professional Nurses, Or Aliens of Exceptional Ability

Schedule A lists those occupations for which a determination by the Department of Labor (DOL) has been made that there are not sufficient United States workers who are able, willing, qualified, and available and the wages and working conditions of United States workers similarly employed will not be adversely affected by employment of aliens in those occupations.

Specifically, Schedule A is divided into two Groups—Group I and Group II.

Schedule A, Group I includes nurses and physical therapists. Schedule A, Group II is for foreign nationals of exceptional ability in the sciences and arts, including college and university teachers, and those foreign nationals who possess exceptional ability in the performing arts.

Though labor certification from the DOL is not required, a prevailing wage determination must be requested. The prevailing wage details should be mentioned on the ETA Form 9089 to be filed directly with United States Citizenship and Immigration Services (USCIS) when filing Form I-140, Immigrant Petition for Alien Worker (I-140 petition).

Since labor certification is not required, employer is not required to engage in extensive labor market test required before filing PERM labor certification. However, employer should still post a Notice of Filing for ten consecutive business days in conspicuous locations within the prospective work site. Additionally, the employer may be required to post Notice of Filing in any and all in-house media for ten consecutive business days provided employer normally uses in-house media as normal procedure used for recruitment for similar positions.

Even though labor certification from the DOL is not required, petitions in this category are employer sponsored. As such, a job offer is required.  Most importantly, along with the employer-sponsored I-140 petition and the Form ETA-9089, the employer must submit documentation of exceptional ability.  The type of documentation required varies depending upon whether the exceptional ability is in the performing arts, or whether it is in the sciences or other arts field.