National Interest Waiver • Schedule A Positions

National Interest Waiver • Schedule A Positions

Our firm assists Professional Nurses, Physical Therapists, and the various institutions that hire them, in obtaining an immigrant visa via the more expeditious Schedule A process.

The “Schedule A (Group I)” process works the same as with any immigrant petition for a permanent worker, except that it does not require a separate PERM Labor Certification approved by the US Department of Labor (DOL).

Practically, this means that several months of waiting time is avoided because a Labor Certification is not needed anymore. A Labor Certification is typically processed between 5-9 months by the DOL, and requires another two months of advertising and other recruitment steps.

To determine whether a job opening qualifies for Schedule A treatment, it must fall under one of the following professions:

  • Professional nurse (requiring at least a non-vocational nursing degree)
  • Physical therapist

A Labor Certification is not required, but the employer/petitioner must still file the Form I-140 with the USCIS (immigrant petition) as normal.

And after the immigrant petition is approved, the availability of a visa is also subject to the “Priority Date” system, depending on whether the petition is classified as “EB-3” (requiring at least a Bachelor’s), or “EB-2” (requiring at least a Master’s or Bachelor’s plus five years of experience).

Call Madrid Crost Law Group today at (312) 857-0857 to find out how we can help you.