In the current U.S. immigration system, most employment-based Green Cards require employers to demonstrate that hiring a foreign worker will not adversely affect the U.S. workforce. This requirement generally involves an approved PERM ETA 9089, known as a Labor Certification, which acts as a form of market test for the job. The process ensures that no qualified U.S. workers are available, willing, and able to fill the position. However, obtaining Labor Certification can be a lengthy endeavor, often taking several months or even years. This requirement may delay not only an immigrant’s ability to enter or stay in the United States but also slow down the sponsoring employer’s plans for business growth and expansion due to unfilled, essential roles.

Recognizing the critical shortage of qualified domestic workers in certain healthcare occupations, Congress and the Department of Labor have designated a list of specific roles for which Labor Certification is not required. Known as “Schedule-A” occupations, these roles include registered nurses and physical therapists, where demand consistently outpaces the available U.S. workforce. This special classification allows these occupations to bypass the lengthy Labor Certification process, streamlining the path to employment-based Green Cards. The Schedule-A Green Card process thus offers one of the most direct routes for employers and foreign professionals within specific occupations to meet U.S. labor demands and fulfill essential healthcare roles without compromising other immigration requirements.

What Positions Qualify for Schedule-A?

The Schedule-A Group I category is predominantly used for healthcare professionals, specifically registered nurses and physical therapists, as these roles are deemed critical due to persistent shortages.

To qualify as a registered nurse under Schedule-A, a candidate must typically meet one of the following criteria:

1. Possess full nursing licensure in the state where they plan to work;
2. Hold a National Council Licensure Examination (NCLEX) Certificate of Passing; or
3. Have a Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate, verifying qualifications to practice in the U.S.

Physical therapists have similar qualification standards but must hold a permanent license to practice in their intended state of employment. Alternatively, if the candidate has not yet obtained their license, the employer can submit a letter from an authorized licensing official confirming that the individual is eligible to take the licensing examination for physical therapists in the state of intended employment.

These requirements represent the minimum qualifications for Schedule-A cases, establishing basic standards to ensure that healthcare professionals meet U.S. requirements and can seamlessly integrate into the workforce upon arrival.

Suitability of Schedule-A Cases for EB-2 or EB-3

Schedule-A cases can be filed under either the EB-2 (Employment-Based, Second Preference) or EB-3 (Employment-Based, Third Preference) categories, depending on the education and experience requirements of the position rather than the job title alone.

Generally, nursing positions qualify for EB-3 if the candidate holds an Associate’s degree along with the necessary licensure, while a candidate with a Master’s degree (or sometimes a Bachelor’s degree plus extensive experience) could qualify under EB-2. For physical therapists, most cases fall under the EB-2 category, as state licensing boards generally require a Master’s degree or higher to qualify for a license to practice in the U.S. However, specific employer requirements or state-level standards may affect eligibility, and exceptions exist.

In practice, most registered nurse cases are filed under the EB-3 Professional or Skilled Worker category. Meanwhile, physical therapist petitions are typically filed under the EB-2 Professional with Advanced Degree category due to the typical educational requirements. Understanding these distinctions helps ensure that cases are accurately categorized, reducing the risk of processing delays or rejections due to improper filings.

Step-by-Step Guide to the Schedule-A Process

The Schedule-A Green Card process involves a series of steps that help maintain basic protections for U.S. workers while streamlining the process for critical occupations like nursing and physical therapy. Here’s a breakdown of the essential steps:

1. Prevailing Wage Determination (PWD): The first step is to obtain a Prevailing Wage Determination (PWD) from the Department of Labor (DOL), which sets the minimum wage that must be offered for the position in the location of intended employment. This wage rate reflects the average pay for the occupation within a specific geographic area. For example, a PWD for a registered nurse in Houston, Texas, would set an average wage rate that the sponsoring employer must meet or exceed. As of now, PWD processing times generally range from 4 to 7 months. Employers must wait for an approved PWD before moving forward in the process.
2. Posting Notice (Notice of Filing): Once the PWD is obtained, the employer must notify current employees of the job opening by posting a “Notice of Filing” at the workplace. This notice provides an opportunity for U.S. workers already employed by the organization to apply for the position. It must remain posted for ten consecutive business days and outline the job title, required qualifications, and the location of employment. Additionally, employers must wait at least 30 days after the notice period ends before they can file the immigration petition. This step ensures transparency and gives existing U.S. employees a fair chance to apply for the role.
3. Filing the Form I-140, Petition for Alien Worker: After the PWD and Posting Notice requirements are fulfilled, the employer submits Form I-140 to USCIS, officially petitioning on behalf of the foreign worker. The Form I-140 includes a specific designation for Schedule-A cases, which indicates that the Labor Certification requirement has been waived due to the occupation’s Schedule-A status.

A complete Schedule-A I-140 petition typically includes the following documentation:

• A signed Form I-140 with the Schedule-A designation selected;
• An approved and valid Prevailing Wage Determination (PWD);
• A Posting Notice with documentation of the dates it was displayed;
• Proof of education, experience, and licensure, as specified by the PWD (e.g., nursing license, NCLEX certificate, or CGFNS for registered nurses; permanent license or state examination eligibility letter for physical therapists);
• Documentation of the employer’s ability to pay the wage set out in the PWD.

Benefits and Advantages of the Schedule-A Process

The Schedule-A process provides multiple benefits for both the employer and the foreign healthcare professional. By bypassing the lengthy Labor Certification requirement, employers can fill critical positions faster, addressing staffing shortages and minimizing interruptions to healthcare services. This benefit is particularly valuable in healthcare, where high demand and critical shortages mean that any delay in hiring can negatively impact patient care.

Additionally, foreign nurses and physical therapists benefit from a more direct path to obtaining permanent residency, allowing them to contribute more quickly to the U.S. workforce. The streamlined process reduces wait times, which can be especially important for healthcare professionals who have received job offers and are ready to begin work in the U.S. The Schedule-A process not only meets urgent labor needs but also supports healthcare systems across the country by filling essential roles that may otherwise remain vacant.

The Schedule-A Green Card process provides a valuable pathway for foreign healthcare professionals, especially registered nurses and physical therapists, to meet critical U.S. labor shortages without the prolonged delays associated with Labor Certification. By focusing on high-demand healthcare roles, this process addresses essential workforce needs and benefits U.S. employers seeking qualified candidates. The streamlined nature of Schedule-A allows eligible nurses and physical therapists to embark on a relatively faster path toward contributing their skills within the U.S. healthcare system, benefiting both patients and providers alike.

In sum, the Schedule-A designation exemplifies how U.S. immigration policy can adapt to meet specific labor demands, particularly in essential fields like healthcare. Through this process, the United States ensures that its healthcare system remains robust and responsive by allowing qualified foreign professionals to fill roles that are vital to public health and well-being.

 

For more information, or for a detailed conversation regarding your specific nursing or physical therapist requirements, the Schedule A filing process, or other potential issues arising during your Permanent Residency Process or the immigration processes of your employees, please schedule a time to speak here.

By: Ryan A. Wilck, Partner and Attorney at Law

Ryan Wilck is a Managing Partner and attorney at Reddy & Neumann, P.C. with over a decade of US immigration law experience, enthusiastic and proactive in his approach assisting clients and their employees through the various phases of the permanent residency a/k/a Green Card process. “Concilio et labore” is not only the motto of Ryan’s favorite sports club but is also his life’s motto; all things come through wisdom and effort. Ryan is passionate about gaining the trust of his clients by utilizing a relentless and detail-oriented approach to understand their specific goals and concerns, hoping to instill a sense of confidence and stability. Whatever your immigration problem or interest, he and his team will find a solution, through wisdom and effort. Reddy & Neumann, P.C. has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on employment-based business immigration. We work with employers and their employees, helping navigate the complex immigration process efficiently and cost-effective.

 We are committed to assisting our clients with navigating the complex PERM Labor Certification (ETA 9089 and other challenging immigration matters as an accomplished immigration law firm in Houston, Texas. Our team is here to offer the direction and support you require, whether you’re a company trying to hire top talent or a foreign worker seeking to develop a career in the United States. To find out more about how we can help you with your immigration issues, get in touch with us right away.