Options for Avoiding Labor Certification
PHYSICAL THERAPISTS AND NURSES
Of the occupations listed on Schedule "A" the most commonly used are those for physical therapists and professional (registered) nurses. A few years ago professional nurses and physical therapists were able to take advantage of two exemptions from the ordinary conditions of other employment based immigrants. They could not only bypass the Labor Certification as Schedule A workers, but they avoided visa priority backlogs through a law that made available up to 50,000 additional employment based immigrant visa numbers. Regrettably, the additional visas did not last terribly long and the immigrant visa number backlogs for nurses have returned.
The employer in a Schedule "A" case files the petition for permanent residence directly with the Immigration Service. While an approved labor certification application is not filed with the petition, the actual labor certification forms are submitted to the Immigration Service. Nurses and physical therapists must also establish that they hold a valid state license or that their licensing is imminent. Registered nurses must obtain certification by the Commission on Graduates of Foreign Nursing Schools (CGFNS); have full, unrestricted licenses to practice nursing in the states of intended employment; or must have passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN).
Please note that Schedule "A" pre-certification applies solely to "professional nurses"—those who make clinical judgments concerning the observation, care, and counsel of patients requiring medical care, and who administer medicines and treatments prescribed by the physician. Certified nurse assistants, licensed vocation nurses, practical nurses, and nurse aides are not included on Schedule "A" and are not professional nurses
