Schedule A

The Department of Labor has prepared a list of occupations in which there are not sufficient United States workers who are able, willing, qualified, and available and that the wages and working conditions of United States workers similarly employed will not be adversely affected by the employment of aliens in the Schedule A occupations. 20 C.F.R. § 656.5. Although this list can change depending on the requirements of the U.S. workforce, the current list includes two Groups:

Group I: Physical therapists and Professional nurses; and Group II: Aliens of exceptional ability in (1) the sciences or arts (excluding performing arts), including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States); or (2) the performing arts whose work during the past 12 months did require, and whose intended work in the United States will require, exceptional ability.

For purposes of Group 1, the term “science or art” means any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill. There is no requirement that the alien studied at a college or university in order to qualify for the Group II occupation. 20 C.F.R. § 656.5.

Evidence of Exceptional Ability in the Arts or Sciences

Under 20 C.F.R. § 656.15(d)(1), an employer filing for an alien of exceptional ability in arts or sciences (excluding the performing arts) must show:

1. evidence of the widespread acclaim and international recognition accorded the alien by recognized experts in the alien’s field; and documentation showing the alien’s work in that field during the past year did, and the alien’s intended work in the United States will, require exceptional ability; and

2. Documentation of exceptional ability from at least two of the following seven groups:

(a) the alien’s receipt of internationally recognized prizes or awards for excellence in the field for which certification is sought;

(b) the alien’s membership in international associations, in the field for which certification is sought, which require outstanding achievement of their members, as judged by recognized international experts in their disciplines or fields;

(c) Published material in professional publications about the alien, about the alien’s work in the field for which certification is sought;

(d) the alien’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which certification is sought;

(e) the alien’s original scientific or scholarly research contributions of major significance in the field for which certification is sought;

(f) the alien’s authorship of published scientific or scholarly articles in the field for which certification is sought, in international professional journals or professional journals with an international circulation;

(g) Evidence of the display of the alien’s work, in the field for which certification is sought, at artistic exhibitions in more than one country.

Evidence of Exceptional Ability in the Performing Arts

Under 20 C.F.R. § 656.15(d)(2), an employer filing for an alien of exceptional ability in the performing arts must show that the alien’s work experience during the past twelve months did require, and the alien’s intended work in the United States will require, exceptional ability. Exceptional ability, under 20 C.F.R. § 656.15(d)(2), must be shown by:

(a) Documentation attesting to the current widespread acclaim and international recognition accorded to the alien, and receipt of internationally recognized prizes or awards for excellence;

(b) Published material by or about the alien, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals (the title, date, and author of such material shall be indicated);

(c) Documentary evidence of earnings commensurate with the claimed level of ability;

(d) Playbills and star billings;

(e) Documents attesting to the outstanding reputation of theaters, concert halls, night clubs, and other establishments in which the alien has appeared or is scheduled to appear; and/or

(f) Documents attesting to the outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations in which or with which the alien has performed during the past year in a leading or starring capacity.

Although the prospective employer does not need to file a Labor Certification Application, they must determine and pay the prevailing wage. Additionally, the alien will also have to fit within one of the five employment-based categories. However, with the occupations listed in the current Schedule A, only those filing in the EB-2 or EB-3 category can take advantage of Schedule A.

Do you have questions about Schedule A, or how to obtain a green card through employment or investment? Please contact a Woodland Hills employment immigration attorney for a consultation so we can help you in the process. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.

Schedule A

The Department of Labor has prepared a list of occupations in which there are not sufficient United States workers who are able, willing, qualified, and available and that the wages and working conditions of United States workers similarly employed will not be adversely affected by the employment of aliens in the Schedule A occupations. 20 C.F.R. § 656.5. Although this list can change depending on the requirements of the U.S. workforce, the current list includes two Groups:

Group I: Physical therapists and Professional nurses; and Group II: Aliens of exceptional ability in (1) the sciences or arts (excluding performing arts), including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States); or (2) the performing arts whose work during the past 12 months did require, and whose intended work in the United States will require, exceptional ability.

For purposes of Group 1, the term “science or art” means any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill. There is no requirement that the alien studied at a college or university in order to qualify for the Group II occupation. 20 C.F.R. § 656.5.

Evidence of Exceptional Ability in the Arts or Sciences

Under 20 C.F.R. § 656.15(d)(1), an employer filing for an alien of exceptional ability in arts or sciences (excluding the performing arts) must show:

1. evidence of the widespread acclaim and international recognition accorded the alien by recognized experts in the alien’s field; and documentation showing the alien’s work in that field during the past year did, and the alien’s intended work in the United States will, require exceptional ability; and

2. Documentation of exceptional ability from at least two of the following seven groups:

(a) the alien’s receipt of internationally recognized prizes or awards for excellence in the field for which certification is sought;

(b) the alien’s membership in international associations, in the field for which certification is sought, which require outstanding achievement of their members, as judged by recognized international experts in their disciplines or fields;

(c) Published material in professional publications about the alien, about the alien’s work in the field for which certification is sought;

(d) the alien’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which certification is sought;

(e) the alien’s original scientific or scholarly research contributions of major significance in the field for which certification is sought;

(f) the alien’s authorship of published scientific or scholarly articles in the field for which certification is sought, in international professional journals or professional journals with an international circulation;

(g) Evidence of the display of the alien’s work, in the field for which certification is sought, at artistic exhibitions in more than one country.

Evidence of Exceptional Ability in the Performing Arts

Under 20 C.F.R. § 656.15(d)(2), an employer filing for an alien of exceptional ability in the performing arts must show that the alien’s work experience during the past twelve months did require, and the alien’s intended work in the United States will require, exceptional ability. Exceptional ability, under 20 C.F.R. § 656.15(d)(2), must be shown by:

(a) Documentation attesting to the current widespread acclaim and international recognition accorded to the alien, and receipt of internationally recognized prizes or awards for excellence;

(b) Published material by or about the alien, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals (the title, date, and author of such material shall be indicated);

(c) Documentary evidence of earnings commensurate with the claimed level of ability;

(d) Playbills and star billings;

(e) Documents attesting to the outstanding reputation of theaters, concert halls, night clubs, and other establishments in which the alien has appeared or is scheduled to appear; and/or

(f) Documents attesting to the outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations in which or with which the alien has performed during the past year in a leading or starring capacity.

Although the prospective employer does not need to file a Labor Certification Application, they must determine and pay the prevailing wage. Additionally, the alien will also have to fit within one of the five employment-based categories. However, with the occupations listed in the current Schedule A, only those filing in the EB-2 or EB-3 category can take advantage of Schedule A.

Do you have questions about Schedule A, or how to obtain a green card through employment or investment? Please contact a Woodland Hills employment immigration attorney for a consultation so we can help you in the process. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.