Schedule A category is comprised of a list of occupations for which, according to the United States Department of Labor, there are insufficient number of qualified workers available in the United States to meet present demand. At present, Physical Therapists and Registered Nurses are two occupations clearly listed on the Schedule A jobs.

A major benefit to the Schedule A category is that applicants can obtain their permanent resident status (“green card”) without the extensive labor certification procedures. Schedule A occupations also ensure that the employment of foreign workers will not negatively influence the salaries and working atmospheres of United States workers similarly employed.

Schedule A is broken into 2 phases. Phase 1 is the petition stage. The petition stage involves preparing and submitting documents to USCIS providing evidence that the applicant is qualified for the job and that the prospective employer has the capability to hire and pay the applicant.

Phase 2 is the Legal Permanent Resident stage. This stage has 2 options, Adjustment of Status or Consular Processing. Adjustment of status is a procedure that permits an eligible candidate to become a lawful permanent resident (“green card holder”) without having to leave the United States. Consular Processing involves obtaining a permanent visa issued at the U.S. Embassy abroad. This is the only choice available to foreign nationals who are outside the United States.

Brief Eligibility for a Schedule A Immigrant Visa

 To qualify for Schedule A processing, the Registered Nurse must meet the following criteria:

1. Must have an employer willing to sponsor your immigrant visa petition,
2. Must hold a diploma from a nursing school from their home country or Associated Nursing degree from the United States,
3. A RN (registered nurse) license in their country and a full and unrestricted license to practice professional nursing in the state of intended employment,
4. CGFNS certification or NCLEX-RN certification.

To qualify for Schedule A processing, the Physical Therapist must meet the following criteria:

1. Must have an employer willing to sponsor your immigrant visa petition,
2. Must hold a bachelor’s degree in physical therapy or the equivalent degree,
3. A certificate to practice in the state of intended employment or have a letter from a state licensing agency proving that the applicant is eligible for taking the state licensing examination.

The Period of Stay in Schedule A Status

All applicants are not eligible for phase 2 of the Schedule A Immigrant Visa. To apply for adjustment of status, the applicant must satisfy one or more of the following criteria:

1. Applicant is currently in the United States,
2. Applicant must have an approved Immigrant Visa,
3. Priority date on the approved Immigrant Visa is current,
4. Applicant has not violated the 180 day rule and is current in lawful nonimmigrant status;
5. Applicant entered the country and was inspected by a USCIS officer (customs)