PERM labor certification is usually the first step in getting employment based greencard.
Schedule A is a list of certain occupations, as determined by the Department of Labor (DOL), of which there are not sufficient U.S. workers who are able, willing, qualified, and available. In other words, there is a consistent shortage of such workers in the U.S. Therefore, the employment of aliens (foreign workers) in such occupations will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Schedule A Occupations
The following occupations are listed under Schedule A:
- Physical Therapists – the alien must possess all the necessary qualifications to take the physical therapist licensing examination in the proposed state of practice
- Professional Nurses – the alien
- has a CFFNS (Commission on Graduates in Foreign Nursing Schools) Certificate
- has passed the NCLEX – RN (National Council Licensure Examination for Registered Nurses) or
- holds a full and unrestricted (permanent) license to practice in the state of intended employment.
- Sciences or Arts (except performing arts) – aliens of exceptional ability in the sciences or arts (except in the performing arts) including college and university teachers of exceptional capability who have been practicing their art or science during the year prior to PERM application and who intend to continue doing the same in the U.S.
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, does not need to have studied at a college or university to qualify for the Group II occupation.
- Performing arts – Aliens of exceptional ability in the performing arts whose work during the past 12 months required, and whose intended work in the U.S. will require, exceptional ability.
Filing PERM Labor Certification
For a Schedule A occupation, the PERM labor certification must be filed with USCIS Service Center and not with the Department of Labor (DOL).
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