Schedule A
Schedule A occupation are jobs that the Department of Labor has predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and available pursuant to regulation. This also includes sheepherders. You can get a visa under this category if you have one of these jobs and your employer is willing to submit a petition on your behalf to USCIS with an uncertified ETA Form 9089 for Schedule A consideration. An employer need not conduct a test of the labor market or apply for permanent labor certification with the Department of Labor under this category once such employer apply for Schedule A designation.
a) The employer must offer full-time permanent employment to the beneficiary.
b) The employment must be in one of the occupations categorized as a Schedule A occupation.
c) The employer must offer the beneficiary at least the prevailing wage.
d) The employer must provide notice of the position(s) it seeks to fill to the employer’s bargaining representative, if applicable, or its employees.
e) The beneficiary must meet the specific USCIS eligibility requirements.
• Group I – physical therapists and professional nurses; and
• Group II – immigrants of exceptional ability in the sciences or arts, including college and university teachers, and immigrants of exceptional ability in the performing arts.
OALegal Solutions will meet with you to discuss how you best qualify under any of these criteria. We will help you determine if your awards or achievements qualify under any of the above criteria. If you qualify for more than one of the above criteria, we will advise you on which one best fits situation. Give us a call today.