Schedule A Occupations
In general, US employers who wish to hire foreign workers on a permanent basis must obtain a permanent labor certification from the US Department of Labor (DOL) before US Citizenship & Immigration Services (USCIS) will consider a green card petition; however, there are few exceptions to this requirement, including what is commonly referred to as “Schedule A” occupations.
What are “Schedule A” occupations?
For certain occupations, the DOL has predetermined that there are not enough US workers who are able, willing, qualified and available. These occupations are referred to as “Schedule A” occupations and the process to satisfy the permanent labor certification requirement is referred to as “blanket” labor certification. For these occupations, the DOL has predetermined that the wages and working conditions of US workers similarly employed will not be adversely affected by the employment of noncitizens.
Due to the occupational shortage of US workers, the DOL has “pre-certified” Schedule A occupations. This means that an employer who wishes to hire a person for a Schedule A occupation is not required to conduct a test of the labor market and apply for a permanent labor certification with the DOL. Rather, this employer must apply for Schedule A designation by applying for a permanent labor certification to USCIS in conjunction with the petition.
The following occupations currently comprise Schedule A:
–Group I: Physical therapists and professional nurses.
–Group II: Immigrants of exceptional ability in the sciences and arts. This includes college and university teachers, as well as immigrants of exceptional ability in the performing arts.
Although the Schedule A occupation list has not been updated in decades, this could change in the future based on President Bident’s AI Executive Order issued October 30, 2023.
It is important to note that an alien may not self-petition for Schedule A designation. Each request requires a job offer and a petition that includes a request for such designation filed by a US employer.
If you are interested in a Schedule A Green Card, please contact Aspire Visa Attorneys at www.aspirevisaattorneys.com or (970) 680-1223. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe!
*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.
Current as of November 17, 2023