Schedule A -- Permanent Residency For Nurses And Physical Therapists
Many overseas professionals wish to immigrate to the United States for employment. Normally, to file an employment-based immigration petition, a Labor Certification approval is a pre-requisite. Schedule A, however, is a list of occupations for which the U.S. Department of Labor (DOL) has determined that there is an insufficient number of U.S. workers who are qualified, willing, and able. Professional nurses and physical therapists are the only two occupations explicitly listed on Schedule A. Additionally, the DOL has authorized U.S. Citizenship and Immigration Services (USCIS) to allow a foreign worker to obtain a green card without first having to go through the entire labor certification process.
Professional Nurses
To qualify for Schedule A processing, a professional nurse must be in possession of the following:
A diploma from a nursing school in the home country;
A license to practice nursing in the home country;
The nurse must have one of the following:
A passing test score on the Commission on Graduate in Foreign Nursing Schools (CGFNS) examination; or
A full and unrestricted license to practice professional nursing in the state of intended employment;
A Visa Screen Certificate.
In addition, unless the nurse was educated in an English-speaking country, he or she must achieve a certain score on tests in written and spoken English administered by TOEFL or IELTS in order to qualify for the Visa Screen Certificate. The program is also composed of an educational analysis and licensure validation.
Currently, there is such a shortage of nurses working in the United States, persons abroad will find it relatively easy to obtain offers of employment from hospital in the U.S.
Physical Therapists
A physical therapist is defined as a person who applies the art and the science of physical therapy to the treatment of patients with disabilities, disorders, and injuries to relive pain, develop and restore function, and maintain performance.
To qualify for Schedule A processing, a physical therapist must possess all the qualifications necessary to take the physical therapist licensing examination in the state in which he or she intends to practice physical therapy. To do this a physical therapist must submit a letter from the state of intended employment's licensing official stating that the applicant is eligible to take the state's written licensing examination for physical therapists. He or she must also possess a four year degree in physical therapy.
Conclusion
Because the Schedule A designation does not require the approval of a Labor Certification by the DOL, the process for obtaining a green card for a qualified nurse or physical therapist is much shorter than for other occupations that do require an approved labor certification.
While other employers have to test the labor market and show that there are no able, willing, and qualified U.S. workers to perform the job for which the foreign national is seeking permanent residence, the physical therapist's and nurse's employer do not have to test the labor market because the Department of Labor has already recognized the unavailability of workers for these positions.
Kraft & Associates can assist you or your employer in preparing and filing the physical therapist or nurse immigration applications. We will work closely with hospitals and other organizations throughout the process, and assist the employer step-by-step during the preparation of the applications. Whether you are a person who has received an employment offer and is contemplating filing a petition, or are a human resource professional of the employer, please give us a call or send us an e-mail. We can provide you the guidance you need through the entire procedure, and help to obtain a successful result for you.
For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and Immigration Law Answers Blog.