U.S. Citizenship and Immigration Services today announced updated guidance for adjudicating EB-2 and EB-3 Schedule A petitions for registered nurses, physical therapists, and aliens of exceptional ability.

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Washington: The update does not change any policy, but does clarify how USCIS adjudicators should apply Department of Homeland Security and Department of Labor (DOL) regulations when deciding these Schedule A petitions. Generally, EB-2 and EB-3 petitioners must obtain a labor certification from DOL that verifies that there are no qualified U.S. workers available for the petition. However, for certain occupations, known as Schedule A, DOL has pre-certified this so the petitioners do not need to obtain a labor certification from DOL. Instead, EB-2 and EB-3 Schedule A petitioners file the Form I-140, Immigrant Petition for Alien Workers, and uncertified labor certification directly to USCIS. Current Schedule A occupations are registered nurses, physical therapists, and aliens of exceptional ability.

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