Schedule A I-140

What is Schedule A Designation for Nurses and Physical Therapists: Complete Guide

Nurses and physical therapists are vital to the U.S. healthcare system, and the Schedule A designation provides a fast-track route to permanent residency for these professionals. By allowing them to bypass the traditional PERM labor certification process, the U.S. Department of Labor (DOL) acknowledges the shortage of qualified U.S. workers in these critical roles. This expedited process helps employers fill essential positions in healthcare settings more rapidly while offering foreign professionals an easier path to work and live in the United States compared to other employment-based immigration categories.

Procedure & Requirements

For Registered Nurses

• Must have a valid and unrestricted license as a nurse in the country where they received their training.
• Must have passed the NCLEX-RN exam, which is required to practice as a nurse in the United States.
• Must meet the licensing requirements of the U.S. state where the employment is being offered.

For Physical Therapists

• Must hold a degree in physical therapy from an accredited educational institution.
• Must have passed the National Physical Therapy Examination (NPTE) or be eligible to take the exam.
• Must meet state licensing requirements of the U.S. state where the employment is being offered.

Petitioning Process

• Filing of I-140: The U.S. employer files an I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS), confirming the job falls under Schedule A and the applicant meets the necessary qualifications.
• No Labor Certification Required: Unlike other green card petitions, Schedule A occupations do not require a PERM labor certification, reducing delays in processing.
• Visa Availability: The foreign national must have a current priority date for a green card. Visa availability is based on the country of birth and is monitored through the monthly Visa Bulletin.

Related Issues

• Spouses and Children: The spouse and unmarried children under the age of 21 of a Schedule A nurse or physical therapist can accompany or join the foreign national in the U.S. under derivative status (usually under an employment-based green card category).
• Adjustment of Status vs. Consular Processing: Foreign nationals may apply for Adjustment of Status if they are in the U.S. and eligible, or they may opt for Consular Processing if they are outside the U.S. Both paths lead to obtaining a green card.
• Healthcare Industry Shortage: With an aging population and growing healthcare needs, U.S. employers increasingly seek qualified foreign professionals to fill critical positions in nursing and physical therapy. The Schedule A designation helps bridge this gap quickly by eliminating delays.