While most employers face months of PERM recruitment and processing delays, Schedule A opens a fast track to permanent residence for eligible professionals. This program avoids the lengthy labor certification process, offering streamlined green card pathways for high-demand occupations and exceptional talent that the Department of Labor has pre-certified as critical to the U.S. economy.
At De Wit Immigration Law in Miami, our Schedule A green card lawyers help employers and professionals seize this opportunity. Whether you’re bringing on nurses or physical therapists (Group I) or recruiting for exceptional ability in sciences and arts (Group II), we help employers secure permanent residency through the expedited Schedule A process.
Contact De Wit Immigration Law to discuss this streamlined option.
What is Schedule A Processing for Green Cards?
Schedule A is a pre-certified labor certification program established by the Department of Labor (DOL) for occupations with a documented shortage of available U.S. workers.
This designation allows employers to bypass the lengthy PERM labor certification process, significantly reducing the time needed to sponsor foreign workers for permanent residency.
The program is divided into two groups:
- Group I: Registered nurses and physical therapists
- Group II: Persons of exceptional ability in the sciences or arts
Schedule A Group I: Healthcare Professionals
For Registered Nurses
To qualify under Schedule A Group I as a registered nurse, candidates must meet one of three requirements:
- Hold a full and unrestricted state license to practice nursing in the intended state of employment.
- Have passed the NCLEX-RN examination and the CGFNS (Commission on Graduates of Foreign Nursing Schools) examination.
- Hold a full and unrestricted registered nurse’s license in the country where the nursing education was obtained and that country’s standards are deemed sufficient by CGFNS.
For Physical Therapists
Physical therapists must meet one of three requirements:
- Hold a permanent license in the state of intended employment
- Have qualified to take the state’s physical therapist licensing examination
- Hold a permanent letter of certification from the Foreign Credentialing Commission on Physical Therapy (FCCPT)
Schedule A Group II: Exceptional Ability
Group II is designed for individuals who possess exceptional ability in the sciences or arts.
All candidates except performing artists must demonstrate exceptional ability through documentation of at least two of the following:
- Internationally recognized awards or prizes for excellence
- Membership in international associations requiring outstanding achievement
- Published material about the candidate’s work
- Judging the work of peer professionals, individually or in a panel
- Evidence of original scientific or scholarly research contributions
- Authorship of scholarly books or articles
- Display of the candidate’s work at artistic exhibitions in more than one country
Candidates in the performing arts must instead show that their work in the past 12 months and their intended work in the United States both require exceptional ability through documentation such as:
- Recognition and accolades showing high-level acclaim in the field, including major awards and honors
- Media coverage featuring or discussing the individual’s work in respected publications, including specific details of coverage dates and sources
- Documentation showing compensation level consistent with exceptional ability
- Performance or event programs demonstrating prominent billing
- Evidence showing performances or exhibitions at prestigious venues, including their standing in the industry
- Proof of leadership roles with renowned performing groups, companies, or cultural organizations within the past year
Benefits of Schedule A Processing
Schedule A offers several distinct advantages over traditional employment-based immigration pathways:
- Faster Processing: Skip the PERM labor certification process, which typically takes 12 months or longer
- Cost Savings: Eliminate expenses associated with mandatory recruitment and advertising
- Reduced Risk: Avoid potential DOL audits and delays associated with the PERM process
- Predictable Timeline: More straightforward processing with fewer variables
- Priority Date Flexibility: Can be filed in either EB-2 or EB-3 category depending on the position’s requirements and candidate’s qualifications
The path to permanent residence shouldn’t be slowed by unnecessary recruitment and processing delays. With Schedule A, employers can bypass traditional PERM requirements and move directly toward permanent residency for qualified candidates.
The Schedule A Process with De Wit Immigration Law
Our experienced immigration attorneys guide employers and foreign nationals through every step of the Schedule A process:
Step 1: Eligibility Check
We determine if positions qualify under Schedule A Group I (registered nurses and physical therapists) or Group II (exceptional ability in sciences or arts) and whether candidates’ qualifications and licensure meet specific DOL and USCIS requirements.
Step 2: Prevailing Wage
The employer must obtain an official wage determination from DOL, setting the minimum salary for the position. We ensure proper classification for the role.
Step 3: Notice of Filing
Employers must post a notice at the worksite for 10 business days, informing U.S. workers of the job opportunity. This notice includes specific DOL-required information about the position and filing.
Step 4: Petition Filing
We prepare and file the Schedule A petition with USCIS, including:
- Form I-140 immigrant petition
- Uncertified PERM application
- Prevailing wage determination
- Notice of Filing documentation
- Evidence of employer’s ability to pay
- Candidate’s educational and professional credentials and evidence of exceptional ability
- Required licenses or certifications
Step 5: Green Card Application
Once the Schedule A petition is approved and the priority date is current, candidates can apply for permanent residency through either:
- Adjustment of Status (for U.S.-based applicants)
- Consular Processing (for applicants abroad)
Our team guides employers and candidates through each step, ensuring proper documentation and timing. Contact us to discuss Schedule A options.
Why Choose De Wit Immigration Law for Schedule A Cases?
Our firm brings unique advantages to Schedule A immigration:
- Strategic Approach: Identify the most efficient pathway based on individual circumstances
- Comprehensive Support: Guide both employers and employees through the entire process
- Proactive Communication: Keep all parties informed of progress and requirements
De Wit Immigration Law understands Schedule A immigration strategy for healthcare staffing and workforce needs. We help employers fast-track green cards for nurses, physical therapists, and professionals with exceptional ability to address critical labor shortages. Contact us to discuss Schedule A options for your organization.
Begin the Schedule A Process with De Wit Immigration Law
Schedule A offers employers an expedited path to secure permanent residency for qualified healthcare professionals and individuals of exceptional ability. De Wit Immigration Law guides organizations through the Schedule A process to meet critical staffing needs efficiently.
Our firm understands how to align immigration strategy with business objectives, helping employers address workforce shortages through this streamlined permanent residency option. Contact De Wit Immigration Law to discuss Schedule A solutions for your organization.
Frequently Asked Questions
Schedule A is a pre-certified labor certification program that acknowledges certain occupations have a documented shortage of U.S. workers. Unlike regular PERM processing, Schedule A allows employers to skip the lengthy recruitment and labor market test requirements and file the I-140 petition directly with USCIS, potentially saving months in processing time.
Schedule A is divided into two groups:
- Group I: Registered nurses and physical therapists
- Group II: Persons of exceptional ability in the sciences or arts
The vast majority of Schedule A cases are for Group I healthcare professionals.
The choice between EB-2 and EB-3 depends on the candidates’ qualifications:
- EB-2 requires an advanced degree (master’s or higher) or exceptional ability
- EB-3 is appropriate for professionals with bachelor’s degrees, skilled workers, or other workers
Most healthcare Schedule A, Group I (healthcare) cases are filed under EB-3, although some physical therapists with advanced degrees might qualify for EB-2.
Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.
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I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.