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October 21, 2026
GWP IMMIGRATION LAW
Schedule A Is a Short List. Knowing Who Is on It Saves Months.
Which Schedule A occupations let an employer skip PERM, what each one must prove, and which health care jobs are left out.
Nurses are the best-known Schedule A case, but they are not the only one. The same shortcut covers physical therapists and a narrow group of people with exceptional ability, each with its own evidence rules.
Updated October 12, 2026 · GWP Law · Las Vegas, NVTHE CONTEXT
Which Professions Are Schedule A Occupations?
Schedule A occupations are registered nurses and physical therapists (Group I) and people of exceptional ability in the sciences or arts (Group II).
Schedule A is the Department of Labor’s list of jobs for which it has already found too few qualified U.S. workers. The list is set out in 20 CFR 656.5.
For these occupations, the employer skips PERM recruitment and Labor Department certification. It files an uncertified Form ETA-9089 directly with USCIS together with the I-140, as 20 CFR 656.15 allows.
The list is short and has not grown. In December 2023, the Department of Labor asked the public whether to add science and technology occupations in a Federal Register request for information, but as of October 2026 the regulation still lists only the two groups below.
| Schedule A group | Who it covers | What the petition must prove |
|---|---|---|
| Group I | Registered (professional) nurses | A CGFNS certificate, a full and unrestricted license in the state of employment, or a passing NCLEX-RN |
| Group I | Physical therapists | A permanent license in the state of employment, or a letter from a state licensing official confirming eligibility to take the licensing exam |
| Group II | Exceptional ability in the sciences or arts, including college and university teachers | Widespread acclaim and international recognition, exceptional work in the past year, and at least two of seven criteria |
| Group II | Exceptional ability in the performing arts | Work in the past 12 months that required exceptional ability, and intended U.S. work that will require it |
Sources: 20 CFR 656.5 and 656.15; USCIS Policy Manual, Vol. 6, Part E, Ch. 7.
Nurses follow the process we explain in our guide to the nurse green card under Schedule A. Every Schedule A employer, in either group, still needs a prevailing wage determination and a notice of filing.
Which nursing credential works best for the petition is covered in our guide on NCLEX or CGFNS for a nurse green card.
How Do Physical Therapists Qualify for Schedule A?
With a permanent license in the state of employment, or a state licensing official’s letter confirming eligibility to take the exam.
The licensing letter is what makes this route workable for therapists still abroad. They can qualify before holding a U.S. license, as long as the state confirms they may sit for its exam.
Most physical therapist petitions fall in EB-3. When the position requires an advanced degree, or a bachelor’s degree plus five years of progressive experience, EB-2 may be available, according to the USCIS Policy Manual.
Like nurses, physical therapists also need a health care worker certificate under INA 212(a)(5)(C) before the green card or immigrant visa is approved.
How Does Schedule A Group II Exceptional Ability Work?
The employer proves international acclaim, exceptional work over the past year, and at least two of seven listed types of evidence.
For the sciences or arts, the petition must document at least two of the following:
- Internationally recognized prizes or awards for excellence.
- Membership in international associations that require outstanding achievement.
- Published material about the person and their work in professional publications.
- Service as a judge of others’ work in the same or an allied field.
- Original scientific or scholarly research contributions of major significance.
- Authorship of scholarly articles in internationally circulated journals.
- Display of the person’s work at artistic exhibitions in more than one country.
Performing artists follow a separate test focused on the past 12 months, supported by reviews, earnings, playbills and the reputation of the venues where they performed.
Group II “exceptional ability” is not the same standard as EB-2 exceptional ability, and the Policy Manual warns against mixing them. A Group II position may be classified in EB-2 or EB-3 depending on its requirements.
The groups also differ after a denial. A Group II employer may still pursue standard PERM certification, while Group I occupations have no Labor Department route and can only appeal to the Administrative Appeals Office.
Which Health Care Jobs Are Not Schedule A Occupations?
Physicians, licensed practical or vocational nurses, occupational therapists and most other health care roles are not on Schedule A.
Source: 20 CFR 656.5. Several of these occupations still require a health care worker certificate under 8 CFR 212.15.
The standard route is longer, as our analysis of how long the PERM process takes in 2026 shows. For some professionals, the EB-2 National Interest Waiver avoids employer sponsorship entirely.
A REAL CASE
A Physical Therapist Who Qualified Before Her License
A situation I see regularly: a rehabilitation clinic wanted to sponsor a physical therapist trained abroad, but she did not yet hold a U.S. license.
The clinic assumed it would have to run a full PERM recruitment and wait more than a year.
I asked the state licensing board for a letter confirming she was qualified to take its licensing exam. With that letter, the petition qualified under Schedule A Group I.
The clinic filed after the wage determination and the notice period, without any recruitment campaign. The letter, not the license, was the document that made the difference.
What to Do Now
THE PATH FORWARD
Start With the Definition, Not the Job Title
Schedule A rewards precision. The occupation, the evidence and the timing must all match the regulation exactly.
Employers that confirm the fit before filing avoid both a denial and the months lost to a route that never applied.
References
- 20 CFR 656.5, Schedule A
- 20 CFR 656.15, Schedule A applications
- Department of Labor, Request for Information on modernizing Schedule A (Dec. 21, 2023)
- USCIS Policy Manual, Vol. 6, Part E, Ch. 7
- INA 212(a)(5)(C), 8 U.S.C. 1182
- 8 CFR 212.15
Not sure whether a role qualifies for Schedule A?
We review the position and the evidence before an employer commits to Schedule A or PERM.
Book a Consultation →This article is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney before taking any action. · Last verified: October 12, 2026 · Reviewed by: Kathia Quirós, Immigration Attorney · GWP Immigration Law
