
Schedule A Occupations: Nurses and Physical Therapists
For most employment-based green cards, the U.S. employer must complete a lengthy PERM labor certification, testing the U.S. job market before sponsoring a foreign worker. But for a small set of shortage occupations, the U.S. Department of Labor has already made that determination. These are the Schedule A occupations, and they include professional nurses and physical therapists.
This post explains what Schedule A is, who it covers, and what it does — and does not — change. It is general information, not legal advice.
What Are Schedule A Occupations?
Schedule A is a designation under the Department of Labor’s regulations (20 CFR 656.5) for occupations in which the DOL has pre-determined that there are not enough U.S. workers who are able, willing, qualified, and available. Because DOL has already made this finding, an employer sponsoring a worker in a Schedule A occupation does not need to run the standard PERM recruitment process.
Schedule A is currently divided into groups. Group I includes:
- Professional (registered) nurses
- Physical therapists
(Group II historically covers certain workers of exceptional ability in the sciences or arts, but Groups I’s healthcare roles are the ones most relevant to overseas healthcare workers.)
Why Schedule A Matters
In a normal EB-3 or EB-2 case, the employer must:
- Obtain a prevailing wage determination
- Conduct recruitment to test the U.S. labor market
- File and have certified a PERM application (ETA-9089) with DOL
- Then file Form I-140 with USCIS
For a Schedule A occupation, steps 2 and 3 in their standard form are replaced. The employer can file the I-140 with an uncertified labor certification application (ETA-9089) submitted directly to USCIS, along with the required supporting evidence. This can shorten the overall process by removing the recruitment stage.
Importantly, Schedule A does not eliminate the other core requirements. The employer must still:
- Provide a permanent, full-time job offer
- Obtain a prevailing wage determination and pay at least the prevailing wage
- File and win approval of the I-140
- Ensure the worker meets professional and credentialing requirements
How Nurses and Physical Therapists Qualify
Professional Nurses
Under 20 CFR 656.5, a professional nurse generally qualifies for Schedule A Group I if he or she:
- Holds a CGFNS Certificate, or
- Holds a full and unrestricted state license to practice as a registered nurse, or
- Has passed the NCLEX-RN examination
Physical Therapists
Physical therapists generally qualify if they hold all the qualifications necessary to take the licensing examination in the state where they intend to practice. Because physical therapy licensure is state-specific, requirements vary. Verify with the relevant state licensing board.
Foreign healthcare workers, including nurses, also generally must satisfy the federal Health Care Worker Certification requirement (often through a CGFNS VisaScreen certificate) before admission.
A Program Under Active Review
Schedule A is currently under active review by the U.S. Department of Labor, which issued a Request for Information (RIN 1205-AC16) about whether and how to update the shortage-occupation list. This means the occupations on Schedule A, and the qualifying criteria, could change.
Because of this, do not treat any description of Schedule A as permanent. Verify the current Schedule A list and rules directly with the Department of Labor and confirm your situation with a licensed immigration attorney.
Frequently Asked Questions
Which occupations are on Schedule A? Schedule A Group I currently includes professional nurses and physical therapists. Group II covers certain workers of exceptional ability in the sciences or arts. The list is under DOL review and may change, so verify current status.
Does Schedule A skip the entire PERM process? It skips the standard recruitment and DOL certification steps. The employer still needs a prevailing wage determination, a permanent full-time job offer, and an approved I-140, and the worker must meet credentialing requirements.
Is Schedule A only for EB-3? Schedule A designation can apply within the labor-certification framework used for employment-based petitions. How it fits your specific category and case should be confirmed with an immigration attorney.
Are caregivers or home health aides on Schedule A? Generally no. Schedule A Group I covers professional nurses and physical therapists, not caregivers or nurse aides, who typically go through standard PERM.
A Few Important Reminders
Immigration and licensure outcomes are never guaranteed. No employer, agency, or attorney can promise a job, an approved petition, a green card, a license, or a timeline — these depend on individual facts, government and board processing, and visa availability.
Government rules change, and Schedule A in particular is under active review. Verify the current list and any fees at the official sources below before relying on them.
This article is for informational purposes only and is not legal advice. For guidance about your specific situation, please consult a licensed U.S. immigration attorney, and verify licensure with the relevant state board and CGFNS.
Sources
- Electronic Code of Federal Regulations — 20 CFR 656.5 (Schedule A): https://www.ecfr.gov/current/title-20/chapter-V/part-656
- U.S. Department of Labor — Permanent Labor Certification (PERM): https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
- U.S. Citizenship and Immigration Services — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- U.S. Citizenship and Immigration Services — Health Care Worker Certification: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-2
- CGFNS International — VisaScreen: https://www.cgfns.org/services/certification/visascreen-visa-credentials-assessment/
- National Council of State Boards of Nursing (NCSBN): https://www.ncsbn.org/
- U.S. Citizenship and Immigration Services — Fee Calculator: https://www.uscis.gov/feecalculator
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