Schedule A—Physical Therapists, Professional Nurses, Or Aliens of Exceptional Ability

The Department of Labor (DOL) has determined that there are not enough American workers who are able, willing, qualified, and available for the jobs listed in Schedule A, and that the employment of aliens in those positions will not have a negative impact on the wages and working conditions of American workers who are similarly employed. Schedule A is specifically separated into Group I and Group II. There are nurses and physical therapists in Schedule A, Group I. Foreign nationals with great talent in the sciences and arts, such as college and university professors, as well as those with exceptional talent in the performing arts, fall under Schedule A, Group II. It is necessary to request a prevailing wage decision even when labour certification from the DOL is not necessary. When submitting Form I-140, Immigrant Petition for Alien Worker, the details of the prevailing pay should be included on the ETA Form 9089 to be sent directly to United States Citizenship and Immigration Services (USCIS) (I-140 petition). Employers are not needed to do a thorough labour market analysis in order to file a PERM labour certification since it is not necessary. However, the employer must still display a Notice of Filing in plain view at the potential job site for 10 consecutive working days. Additionally, if the employer regularly uses internal media as part of standard practise for hiring for comparable positions, the employer may be required to post Notice of Filing in all internal media for ten consecutive working days. Although a DOL labour certification is not necessary, petitions in this category are sponsored by the employer. Therefore, a job offer is necessary. Most essential, the employer must submit proof of exceptional ability along with the employer-sponsored I-140 petition and the Form ETA-9089. Depending on whether the remarkable ability is in the performing arts, the sciences, or another sector of the arts, several types of documentation are needed.