Schedule A is a list of occupations for which the Department of Labor has pre-determined that there is a shortage of American workers, such that an individual test of the labor market (i.e., labor certification) is not required. These occupations currently include physical therapists, professional nurses, and foreign nationals of “exceptional ability in the sciences or arts.”

Physical Therapists

To qualify, physical therapists must have a permanent license to practice in the state of intended employment, or a letter or statement, signed by an authorized state physical therapy licensing official, stating that the applicant is qualified to take that state’s written licensing examination for physical therapists. Specific requirements for licensing vary from state to state, so applicants should contact the licensing body in the state in which they wish to work to confirm the specific requirements for that state.

In addition, physical therapists are required to obtain a VisaScreen certificate. VisaScreen for physical therapists includes an educational review, licensure review, English language skills assessment, and supervised clinical experience assessment. Physical therapists educated in the United States who are graduates of a program accredited by the American Physical Therapy Association are exempt from the education comparability review and the English proficiency requirements. However, they must still obtain a VisaScreen certificate. The only credentialing organizations for physical therapists are the Commission on Graduates of Foreign Nursing Schools (CGFNS) or the Foreign Credentialing Commission on Physical Therapy (FCCPT). The VisaScreen certificate is valid for five years.

Professional Nurses

To qualify as a professional nurse, the applicant must be a registered nurse or must have completed an Associate’s degree or Bachelor’s degree in professional nursing. Licensed Vocational Nurses (LVNs), Licensed Practical Nurses (LPNs), Certified Nurse Assistants (CNAs), and Nurse’s Aides do not qualify for Schedule A precertification. The nurse must also be licensed. There are three ways to satisfy the licensure requirement:

1. Receiving a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS); or
2. Holding a permanent, full and unrestricted license to practice professional nursing in the state of intended employment; or
3. Passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN), administered by the National Council of State Boards of Nursing.

In addition, professional nurses must present either a VisaScreen or a CGNFS certified statement in lieu of the VisaScreen certificate showing English language proficiency and that the nurse’s education, training, experience, and license are comparable to that required of a United States registered nurse. CGFNS is currently the only credentialing organization authorized to issue the certificates.

Exceptional Ability in Sciences or Arts (Excluding those in the Performing Arts)

To qualify as a foreign national of exceptional ability in the sciences or arts (excluding those in the performing arts), the applicant must submit documentary evidence showing:

1. Widespread acclaim and international recognition by recognized experts in the field;
2. That his/her work in the past year required exceptional ability; and
3. That his/her intended work in the United States will also require exceptional ability.

In addition, the petition must file documentation about the foreign national from at least two of the following seven groups:

1. Documentation of the foreign national’s receipt of internationally recognized prizes or awards for excellence in the field for which certification is sought;
2. Documentation of the foreign national’s membership in international organizations in the field which require outstanding achievement of their members, as judged by recognized international experts in their disciplines or fields;
3. Published materials in professional publications about the foreign national or about the foreign national’s work, which include the title, date, and author of publication;
4. Evidence that the foreign national served as a judge or the work of others in the field;
5. Evidence of the foreign national’s original scientific or scholarly research contributions of significance in the field;
6. Evidence of the foreign national’s published scientific or scholarly articles in the field in international professional journals or professional journals with international circulation; and
7. Evidence of the display of the foreign national’s work at artistic exhibits in one or more countries.

Exceptional Ability in the Performing Arts

To qualify as a foreign national of exceptional ability in the performing arts, the applicant must submit documentary evidence showing:

1. Widespread acclaim and international recognition by recognized experts in the field;
2. That his/her work in the past year required exceptional ability; and
3. That his/her intended work in the United States will also require exceptional ability.

In addition, the employer must submit documentation to show this exceptional ability, such as:

1. Documentation attesting to the current widespread acclaim and international recognition accorded to the alien, and receipt of internationally recognized prizes or awards for excellence;
2. Published material by or about the alien, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals;
3. Documentary evidence of earnings commensurate with the claimed level of ability;
4. Playbills and star billings;
5. Documents attesting to the outstanding reputation of theaters, concert halls, night clubs, and other establishments in which the foreign national has appeared or is scheduled to appear;
6. Documents attesting to the outstanding reputation of theaters, repertory companies, ballet troupes, orchestras, or other organizations in which or with which the foreign national has performed during the past year in a leading or starring capacity.

Foreign nationals of exceptional ability in the sciences or arts qualifying for pre-certification under Schedule A may be sponsored for employment-based immigration under either the second or third preference category.