SCHEDULE A GREEN CARD

To qualify for a Green Card under the Schedule A category, foreign nationals seeking employment as registered nurses or physical therapists must meet a set of specific eligibility criteria. The Department of Labor has identified these professions as shortage occupations, meaning there are not enough U.S. workers available to fill these critical roles. As a result, nurses and physical therapists benefit from a streamlined green card based process that bypasses the traditional PERM labor certification process. The minimum qualifications for nurses and physical therapists to qualify for Schedule A green cards include meeting essential licensing, educational, and experience criteria.

For registered nurses, eligibility begins with holding all the qualifications necessary to practice professional nursing. This includes graduating from an accredited nursing program, such as those recognized by foreign nursing schools or the Commission on Graduates of Foreign Nursing Schools (CGFNS). Nurses must also possess a full and unrestricted license to practice nursing in their home country or in the state of intended employment. Additionally, passing the National Council Licensure Examination (NCLEX-RN) is required to demonstrate readiness to practice nursing in the United States. Nurses physical must meet specific licensing and certification requirements.

Physical therapists must also meet rigorous standards. They are required to have a degree in physical therapy and must have completed a recognized certification program. Physical therapists typically require a master’s degree or higher to meet licensing requirements, and a bachelor’s degree may not be sufficient for certain immigration categories such as EB-2. To practice physical therapy in the U.S., foreign-trained physical therapists must obtain a permanent license or, alternatively, provide a letter from a state licensing official confirming their eligibility to take the physical therapist licensing examination. Physical therapists use physical means such as exercise, massage, heat, water, light, and electricity to relieve pain, restore function, and maintain performance in patients with disabilities, disorders, or injuries. All qualifications must be in place to ensure the foreign worker is fully prepared to practice physical therapy in the state of intended employment.

Employers play a crucial role in the Schedule A green card process. They must obtain a prevailing wage determination from the Department of Labor to ensure that the foreign worker will be paid at least the prevailing wage for the job opening. Employers must also demonstrate that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers. Unlike the standard labor certification process, employers are not required to conduct extensive recruitment efforts for U.S. workers. Instead, they are required to submit an uncertified labor certification application directly with the United States Citizenship and Immigration Services (USCIS), significantly reducing processing times for employment-based permanent residency.

This fast-track process allows qualified nurses and physical therapists to move quickly through the green card process, helping to fill essential healthcare positions and support the U.S. healthcare system. By meeting all the minimum requirements—including education, licensing, and certification—foreign nationals can obtain permanent residency and begin contributing their skills to the U.S. workforce without unnecessary delays. The Schedule A category is designed to ensure that only those with the necessary qualifications and credentials are eligible, maintaining high standards of care while addressing critical labor shortages in nursing and physical therapy.

Specifically, Schedule A is divided into two Groups—Group I and Group II.

Schedule A, Group I includes professional nurses and physical therapists. Schedule A, Group II is for foreign nationals of exceptional ability in the sciences and arts, including college and university teachers, and those foreign nationals who possess exceptional ability in the performing arts. The term nurses physical therapists refers collectively to these eligible healthcare professionals.

Under Schedule A, though labor certification from the DOL is not required, a prevailing wage determination must be requested. The prevailing wage details should be mentioned on the ETA Form 9089 to be filed directly with USCIS when filing Form I-140, Immigrant Petition for Alien Worker (I-140 petition).

Since labor certification is not required, employer is not required to engage in extensive labor market test required before filing PERM labor certification. However, employer should still post a Notice of Filing for ten consecutive business days in conspicuous locations within the prospective work site. Additionally, the employer may be required to post Notice of Filing in any and all in-house media for ten consecutive business days provided employer normally uses in-house media as normal procedure used for recruitment for similar positions.

Applicants outside the United States may obtain their immigrant visa through consular processing at a U.S. consulate abroad, while those already lawfully present in the U.S. may file for adjustment of status application concurrently with their immigrant petition, allowing them to apply for permanent residence without leaving the U.S.

For Schedule A Group I petitions involving professional nurses, the petitioner must submit either a CGFNS certificate issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS International), or evidence that the beneficiary has passed the NCLEX-RN examination and holds a full and unrestricted license to practice professional nursing in a U.S. state as of the date the immigrant petition is filed.

Note that passing the NCLEX-RN is “mandatory” in all states to practice nursing. It applies to foreign as well as U.S. candidates who want to become Registered Nurse (RN) in the United States.

Some U.S. states previously required foreign-educated nurses to pass the CGFNS Qualifying Exam, administered by CGFNS International, before becoming eligible to take the NCLEX-RN licensure examination. Today, however, most state boards of nursing instead require a CGFNS Credentials Evaluation Service (CES) report, which evaluates the nurse’s foreign education and licensure credentials to determine whether they are comparable to U.S. nursing standards. The specific requirements vary by state, and foreign nurses should carefully review the regulations of the state board of nursing where they intend to seek licensure.

Foreign nurses also need VisaScreen Certificate. This requires educational evaluation (graduated from a government-approved nursing school in foreign country); licensure evaluation (holds a valid license/registration in home country); English Language Proficiency; and must pass the NCLEX-RN exam.

For Group 1 physical therapists must demonstrate they have permanent license to practice in the state and had it at time of filing. Alternatively, can submit a letter from an authorized state physical therapy licensing official stating that the beneficiary is qualified to take the written licensing exam. Nurses may be under EB-3 and physical therapists are likely to be under EB-2. For both nurses and physical therapists there must be proof of an offer for a bona fide full-time permanent position.

Group II evidence for exceptional ability in the sciences and arts is similar but not the same as the requirements for EB-2. Although USCIS and DOL historically used different definitions for the term “exceptional ability” for EB-2 and Group II, USCIS has now adopted DOL’s definition of exceptional ability for Schedule A and has explained there will now be a consistent definition.

Schedule A occupation petition by the employer must include: (1) I-140 with appropriate fees; (2) uncertified LC/9089; (3) prevailing wage determination issued by NPWC with a validity period that is not less than 90 days nor more than one year from the determination date, and I-140 petition filed during validity period of prevailing wage; (4) posted notice sent to appropriate collective bargaining unit if applicable or a copy of the notice posted at the facility or location of the employment demonstrating posting for at least 10 business days between 30 and 180 days before petition is filed; (5) copies of all in-house media, whether electronic or printed, in accordance with normal employer’s procedures for similar recruitment specified on 9089; (6) evidence that beneficiary meets DOL requirements for Schedule A; and (7) all other documentation for employment based petition including employer’s ability to pay.

Successful applicants through this process become lawful permanent residents of the U.S.