Schedule A Occupations
Schedule A is comprised of certain occupations 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 Applicant/Beneficiary in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed.
The occupations listed under Schedule A Group II include:
- Sciences or arts (except performing arts) - Aliens (except for aliens in the performing arts) of exceptional ability in the sciences or arts including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States. For purposes of this group, the term "science or art" means any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill. An alien, however, need not have studied at a college or university in order to qualify for the Group II occupation. Employer must file documentary evidence showing the widespread acclaim and international recognition accorded the nonimmigrant by recognized experts in the beneficiary's field; and documentation showing the beneficiary's work in that field during the past year did, and the beneficiary's intended work in the United States will, require exceptional ability. In addition, the employer must file documentation about the beneficiary from at least two of the following seven groups:
(i) Documentation of the alien's receipt of internationally recognized prizes or awards for excellence in the field for which certification is sought;
(ii) Documentation of the Beneficiary's membership in international associations, in the field for which certification is sought, which require outstanding achievement of their members, as judged by recognized international experts in their disciplines or fields;
(iii) Published material in professional publications about the Beneficiary, about the Beneficiary's work in the field for which certification is sought, which shall include the title, date, and author of such published material;
(iv) Evidence of the Beneficiary's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which certification is sought;
(v) Evidence of the Beneficiary's original scientific or scholarly research contributions of major significance in the field for which certification is sought;
(vi) Evidence of the Beneficiary's authorship of published scientific or scholarly articles in the field for which certification is sought, in international professional journals or professional journals with an international circulation;
(vii) Evidence of the display of the Beneficiary's work, in the field for which certification is sought, at artistic exhibitions in more than one country.
2. Performing arts - Beneficiary of exceptional ability in the performing arts whose work during the past 12 months did require, and whose intended work in the United States will require, exceptional ability; and must submit documentation to show this exceptional ability, such as:
(i) Documentation attesting to the current widespread acclaim and international recognition accorded to the Beneficiary, and receipt of internationally recognized prizes or awards for excellence;
(ii) Published material by or about the Beneficiary, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals (the title, date, and author of such material shall be indicated);
(iii) Documentary evidence of earnings commensurate with the claimed level of ability;
(iv) Playbills and star billings;
(v) Documents attesting to the outstanding reputation of theaters, concert halls, night clubs, and other establishments in which the alien has appeared or is scheduled to appear; and/or
(vi) Documents attesting to the outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations in which or with which the alien has performed during the past year in a leading or starring capacity.
An employer must apply for a labor certification for a Schedule A occupation by filing an ETA Form in duplicate, with the appropriate USCIS Service Center, and not with DOL.
NOTE I: Exceptional ability in the sciences or arts means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
NOTE II: Profession means one of the occupations such as architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries, as well as any occupation for which a United States baccalaureate degree or its foreign equivalent is the minimum requirement for entry into the occupation.
NOTE III: The petition must be accompanied by documentation showing that the alien is a professional holding an advanced degree (master's or PhD, or Bachelor's and at least five years of progressive post-bachelor experience in the specialty) or an alien of exceptional ability in the sciences, the arts, or business.
NOTE IV: To show that the alien is an alien of exceptional ability in the sciences, arts, or business, the petition must be accompanied by at least three of the following:
(A) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(B) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(C) A license to practice the profession or certification for a particular profession or occupation;
(D) Evidence that the alien has commanded a salary, or other renumeration for services, which demonstrates exceptional ability;
(E) Evidence of membership in professional associations; or
(F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
(iii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
Our law firm has a strong experience and the expertise in Schedule-A Group I (Physical therapists and Registered Nurses) as well as Group II (Exceptional Ability in the Sciences or Arts including college or university teachers) immigration petitions, please contact us today to discuss if you will qualify for EB-2 or EB-3 under these occupational categories.