Immigration Law Insights & Updates

USCIS Updates Guidance for Schedule A Occupations

Posted by Fariba Faiz | Jan 01, 2021

Release Date 

U.S. Citizenship and Immigration Services today announced updated guidance for adjudicating EB-2 and EB-3 Schedule A petitions for registered nurses, physical therapists, and aliens of exceptional ability.

The update does not change any policy, but does clarify how USCIS adjudicators should apply Department of Homeland Security and Department of Labor (DOL) regulations when deciding these Schedule A petitions. Generally, EB-2 and EB-3 petitioners must obtain a labor certification from DOL that verifies that there are no qualified U.S. workers available for the petition. However, for certain occupations, known as Schedule A, DOL has pre-certified this so the petitioners do not need to obtain a labor certification from DOL. Instead, EB-2 and EB-3 Schedule A petitioners file the Form I-140, Immigrant Petition for Alien Workers, and uncertified labor certification directly to USCIS. Current Schedule A occupations are registered nurses, physical therapists, and aliens of exceptional ability.

For more information, please see the Policy Alert (PDF, 309 KB).

 

Related Employer Sponsorship Guidance

See our discussion of PERM labor certification and Schedule A occupations for broader employer-sponsored permanent residence planning.

About the Author

Fariba Faiz
Fariba Faiz

Fariba Faiz is a San Francisco immigration attorney with more than 28 years of experience representing employers, professionals, entrepreneurs and investors in U.S. employment-based and investment immigration matters.

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Fariba Faiz has been recognized for her work in U.S. immigration law by leading legal ranking and professional organizations, including The Best Lawyers in America®, Chambers and Partners, and Super Lawyers. These recognitions reflect her longstanding practice in employment-based, investment, and business immigration matters.

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