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Home | Immigration (Employment & Family) | Employment Based Green Cards | Schedule A – Nurses or Physical Therapists

Schedule A – Nurses or Physical Therapists

Schedule A, Group I Occupations

Schedule A is comprised of certain occupations, as set forth at 20 CFR 656.15, for which Department of Labor (DOL) has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed.

The occupations listed under Schedule A include:

Group I

  1. Physical Therapists - who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy; and
  2. Professional Nurses - the alien (i) has a Commission on Graduates in Foreign Nursing Schools (CGFNS) Certificate, (ii) the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN) exam, or (iii) the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment.

For Group I, registered nurse occupations, the employer must submit evidence to establish that the beneficiary currently has (and had at the time of filing):

  • A full, unrestricted permanent license to practice nursing in the state of intended employment;
  • A certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS); or
  • Evidence that the beneficiary has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN) as of the date of filing.

For Group I, physical therapist occupations, the employer must submit evidence to establish that the beneficiary currently has (and had at the time of filing) a permanent license to practice in the state of intended employment. Minimum requirements must meet all state licensure requirements. In the alternative, the employer may submit a letter or statement signed by an authorized state physical therapy licensing official in the state of intended employment. This letter must indicate that the beneficiary is qualified to take the written licensing examination for physical therapists.

Steps for the Green Card Process for Schedule A, Group I (Nurse or Physical Therapist)

STEP 1 – Process for Prevailing Wage Determination

  • A permanent labor certification is not required for the Schedule A, Group I occupation, however, the employer must obtain Prevailing Wage Determination from the U.S. Department of Labor (DOL). This could take five to six months.

STEP 2 – Posting of Notice of Filing

  • Notice to Filing is provided to:
    • The bargaining representative(s) (if any) of the employer's employees in the occupational classifi cationfor which certifi cation of the job opportunity is sought in the employer's location(s) in the area of intendedemployment.
    • If no such bargaining representative, the notice is to posted at the facilityor location of the employment. The notice must be posted for at least 10 consecutive business days. The notice must be clearly visible and unobstructed while posted and must be posted in conspicuous placeswhere the employer's U.S. workers can readily read the posted notice on their way to or from their place ofemployment. Appropriate locations for posting notices of the job opportunity include locations in theimmediate vicinity of the wage and hour notices or occupational safety andhealth notices. In addition, the employer must publish the notice in any and all in-house media, whether electronic or printed, in accordance with the normal procedures used for the recruitment of similar positions in the employer's organization.

STEP 3– Process for I-140 petition

  • If there is no U.S. worker which is minimally able, willing or available at employer's placement of employment, then the employer files Form I-140 petition to U.S. Citizenship and Immigration Services (USCIS) and including a number of supporting documents including complete ETA 9089 Form.
  • I-140 can be filed under regular processing or premium processing for a faster processing time of 15 days.

STEP 4– Process for the processing of either the immigrant visa abroad or the Adjustment of Status to Legal Permanent Resident (LPR) in the U.S. (green card)

  • Once the I-140 is approved or while it is pending, an Application to Adjust Status (final step in green card) can be filed on behalf of Foreign National (FN) if the FN is in United States lawfully and “priority date" is current or within the filing date”.
    • For people born in India, China, Mexico, Philippines and others, one may have to wait several years to file for an actual green card application. In the meantime, the person should seek other work visa or nonimmigrant status.
  • If the person is abroad, then the immigrant visa application is filed aboard at a U.S. Consulate or Embassy once the FINAL ACTION "priority date" is current. Then the person receives the immigrant visa, and arrives in the U.S. and USCIS will deliver the green card in the mail.

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If you or your employer want to learn more about employment-based permanent residency (green card) programs or other topics, please do contact us at (+1) 202 600 7742, or email us at info@adhikarilaw.com