Schedule A Green Card

A Green Card is proof that someone is a lawful permanent resident in the U.S. A lawful permanent resident or green card holder has the right to live and work in the U.S. permanently. Form I-551 is the formal term for the “green card.”

For certain occupations, the Dept. of Labor and USCIS has determined that there are not sufficient U.S. workers who are able, willing, qualified and available. These are called Schedule A occupations. Because Dept. of Labor has made this determination, there is no need for employers to follow the full labor certification process as those in these occupations are “pre-certified”. The following occupations are included under Schedule A:

1. Group I

2. Group II

The Schedule A green card does still require an offer of full-time, permanent employment from a U.S. employer.

Check My Eligibility

Physical Therapist means a person who applies the art and science of physical therapy to the treatment of patients with disabilities, disorders and injuries to relieve pain, develop or restore function, and maintain performance, using physical means, such as exercise, massage, heat, water, light, and electricity, as prescribed by a physician (or surgeon).

Nurses are defined as individuals who will “apply the art and science of nursing which reflects comprehension of principles derived from the physical, biological and behavioral sciences.” Professional nurses do not include CNA’s, LPN’s, nurse assistants or nursing aides.
In order to qualify to be a Schedule A Nurse, you must have:

1. A full, unrestricted license to practice nursing in the state where the applicant will work;
   OR
2. A certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS);
   OR
3. Evidence that the applicant has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN) as of the date of filing.

Nurses who apply through Schedule A can qualify in either the EB-2 or EB-3 category.

Most nurses qualify for the EB-3 category as the minimum requirement for qualifying professional nursing positions must be at least an associate’s degree in nursing or a bachelor’s degree in nursing.

Some types of specialized nurses or senior nursing positions may qualify for the EB-2 category as those positions may require a bachelor’s degree in nursing and at least 5 years of experience or a master’s degree in nursing.

You can be designated as any of the following to be eligible as a Registered Nurse for Schedule A Green Card:

1. Consultant, Educational, State Board of Nursing
2. Director, Community-Health Nursing
3. Director, Educational, Community-Health Nursing
4. Director, Nursing Service
5. Director, Occupational Health Nursing
6. Director, School of Nursing
7. Executive Director, Nurses’ Association
8. Nurse, School
9. Nurse, Staff, Community Health
10. Nurse, Instructor
11. Nurse, Consultant
12. Nurse, Supervisor, Community-Health
13. Nurse, Supervisor, Evening-Or-Night
14. Nurse, Infection Control
15. Nurse, Supervisor, Occupational Health Nursing
16. Nurse, Head
17. Nurse, Supervisor
18. Nurse Practitioner
19. Nurse-Midwife
20. Nurse, General Duty
21. Nurse, Anesthetist
22. Nurse, Office
23. Nurse, Private Duty
24. Nurse, Staff, Occupational Health Nursing
25. Nurse, Instructor, Psychiatric Aide

Additionally, you must also have passed the Commission of Graduates of Foreign Nursing Schools (CGFNS) Examination or hold a full and unrestricted license to practice professional nursing in the state of intended employment.

The Schedule A process allows employers to bypass the arduous PERM labor certification process. In order to obtain a Schedule A green card, the following steps must be followed:

1. The employer must obtain a Prevailing Wage Determination from the Dept. of Labor by filing the ETA Form 9141.
2. A Notice of Filing must be provided to the appropriate collective bargaining unit, or a Notice of Filing must be posted at the location(s)/worksite(s) of employment for at least 10 consecutive business days no less than 30 days before the immigrant petition is filed and no more than 180 days before filing.
3. After obtaining the Prevailing Wage Determination and no less than 30 days after the last date of the Notice of Filing notice, the employer must file the Form I-140, Immigrant Petition with evidence that all requirements have been met.

Note: In addition to the Notice of Filing, the employer must publish the notice of the job offer in any and all in-house media (print or electronic) that it normally uses to announce similar positions.

The following documents and evidence must be provided by the employer for a Schedule A petition:

1. The Form I-140, Immigrant Petition for Alien Worker

2. The ETA Form 9089, completed by the employer and signed by the employer, beneficiary and the attorney/representative (if applicable). The ETA Form 9089 or PERM application is uncertified for the Schedule A.

3. Unexpired Form ETA 9141 or Prevailing Wage Determination issued by the Dept. of Labor

4. A copy of the Notice of Filing sent to the collective bargaining unit or a copy of the Notice that was posted for 10 business days as well as evidence/copies of any in-house media postings.

5. Evidence that the beneficiary meets all requirements of the position as described in the ETA Form 9089 in addition to at least 1 of the following:

6. The employer must provide evidence it has the ability to pay the offered wage.

Certain foreign health care professionals who wish to work in the U.S. must have their education certified before they can obtain a non-immigrant visa or a green card.

The following occupations require this additional certification:

• Licensed practical nurses, licensed vocational nurses, and registered nurses;
• Physical therapists;
• Occupational therapists;
• Speech-language pathologists and audiologists;
• Medical technologists (also known as clinical laboratory scientists);
• Medical technicians (also known as clinical laboratory technicians); and
• Physician assistants.

The requirement is separate from the Schedule A requirements for the Form I-140. At this time, only the Commission on Graduates of Foreign Nursing Schools (CGFNS), Josef Slimy & Associates and International Education Evaluations, LLC are authorized to issue the education verification for nurses.

The certification is not required at the Form I-140 stage. For those applying from abroad, it will be required at the immigrant visa interview at the U.S. Consulate or embassy. For those applying in the U.S. through Adjustment of Status, it must be included with the Form I-485.