Understanding Schedule A Occupations: What You Need to Know

Last Updated on September 6, 2024

Schedule A is a category for “permanent residence” (green card) through employment. It is distinct from temporary work authorization.  

For the first time in years, Schedule A has received some updates, and more may follow. As changes occur, it’s important for employers to keep up with the latest information. Envoy Global and Corporate Immigration Partners, P.C. (CIP PC) are here to provide some insight on Schedule A occupations and potential changes. 

What are Schedule A Occupations?  

“Schedule A” is a class of occupations assigned by the Department of Labor (DOL).  

Schedule A includes two designated groups of occupations: 

Group 1: Registered nurses and physical therapists  

Group 2: Beneficiaries with “exceptional ability” in the sciences or arts (except performing arts) 

Schedule A does not change often, and the U.S. Department of Labor (DOL) rarely adds or eliminates occupations from the list. For example, for the past few decades registered nurses and physical therapists have been the only occupations the DOL has determined are “shortage occupations”, meaning there are not enough U.S. workers available and qualified for the occupation.  

However, the DOL has recently considered expanding the “shortage occupations” list for Schedule A by issuing a Request for Information (RFI) seeking public comment on proposed changes to the Schedule A list. The RFI period ended May 13, 2024, so now the DOL is analyzing the comments to consider what, if any, changes they will issue.  

Earlier in 2024, USCIS made minor changes to the Schedule A, Group II classification for foreign nationals with “exceptional ability”.  Specifically, USCIS changed the definition of “science” or “art” to match the definition maintained by the DOL. In addition to aligning definitions, it broadens the meaning and thereby makes Schedule A, Group II designation more widely available to employers looking to sponsor employees for permanent residency.  

Why Should Employers Consider Schedule A?  

Qualifying under Schedule A comes with a major advantage: employers do not have to complete a “labor market test” to show there are no U.S. workers available, qualified and interested in the position. This benefits both employers and foreign national beneficiaries because it saves the time and cost of the PERM labor certification process.  However, the application still requires obtaining a prevailing wage determination from the DOL and providing notice to the union (if the employer is unionized) or providing notice to the current workers at the workplace.  

What is the Schedule A Occupation Process?   

The Schedule A process requires employer sponsorship. Foreign nationals are not eligible to file their applications for Schedule A designation. 

While Schedule A bypasses the PERM labor certification process, employers are still required to obtain a prevailing wage determination from the DOL and provide notice to the union (if the employer is unionized) or provide notice to the current workers at the workplace. 

Employers looking to hire a Schedule A foreign worker must follow these steps:  

• Apply for a prevailing wage determination (PWD) from the DOL.  

• Provide notice that the employer intends to file a petition to hire a non-U.S. worker in a Schedule A position. This notice is commonly referred to as a “Notice of Filing”. If the position is covered by a collective bargaining agreement, the employer must provide notice to the union representative. If the position is NOT covered by a collective bargaining agreement, the employer must post the notice in an obvious location for at least 10 business days (and electronically if the employer normally posts such positions internally on its site).  The employer must wait at least 30 days after the end date of the posting notice to file the I-140 Immigrant Petition, but the notice cannot be more than 180 days old when the I-140 petition is received at USCIS.  

• File an I-140 petition with USCIS, with the prevailing wage determination, notice, and evidence to show the position and person qualifies for the Schedule A designation.  

 How Can Envoy Global Help?  

There is a lot to understand about the Schedule A occupation process, but we have the experience and knowledge to guide you through the process successfully.  

Reach out to us to see how we can assist you with the Schedule A occupation process and any additional corporate immigration questions you might have.