Schedule A Job Classification

Within the framework otherwise subject to labor certification, there is a limited alternative for a few occupations formally deemed “pre-certified” by the U.S. Department of Labor.

Cases under Schedule A avoid most elements of PERM labor certification such as the extremely specific prescribed recruitment and application to the Department of Labor. Schedule A requires a full-time job offer from a sponsoring U.S. employer; a prevailing wage determination by the Department of Labor; a posted notice of job availability at the worksite (including electronic notification to all the employer’s similarly-employed workers); and a 30-day “quiet period” after posting; but after those steps the employer may proceed directly to file a Form I-140 immigrant visa petition with U.S. Citizenship and Immigration Services.

Schedule A, Group I occupations are “pre-certified” based on USDOL recognition of chronic, long-term labor shortages of qualified workers. This group includes only Registered Nurses and Physical Therapists. Schedule A, Group I applies only to licensed clinical positions providing direct patient care: nurses and physical therapists in managerial or policy positions who are not directly providing clinical care must be sponsored under the PERM process.

Schedule A, Group II includes certain workers of “exceptional ability” in the arts and sciences, in academic fields in which a university degree is commonly conferred. Group II entails evidentiary requirements similar to EB-1(A) classification for extraordinary ability, except the beneficiary needs to satisfy only two out of seven evidentiary criteria, and must have been employed practicing that same art or science for at least one year prior to filing, in a position that required exceptional ability.

It is important to note that Schedule A does not specify whether the EB-2 or EB-3 preference category applies – that will depend on the employer’s specific requirements for the offered position.

If you have any questions about Schedule A job classifications, contact Karin Wolman. She can help!

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