Schedule A for "Aliens of Exceptional Ability"
Schedule A is a list of occupations for which the U.S. Department
of Labor has determined that there is an insufficient number of U.S.
workers who are able, willing, qualified and available. Inclusion on
Schedule A also establishes that the employment of foreign workers
in such occupations will not adversely affect the wages and working
conditions of U.S. workers similarly employed. The advantage of
being on Schedule A is that the foreign worker can obtain a green
card without first having to go through the entire labor
certification process.
Schedule A applies to "aliens of
exceptional ability" in the sciences or arts (but not the
performing arts). For purposes of this category of Schedule A, the
term "science or art'' means any field of knowledge for which
colleges and universities commonly offer specialized courses leading
to a degree in that field. Although this provision
was commonly used for university or college instructors, the
provision does not require that the person have actually studied at
a college or university. The only general requirements are that the
beneficiary demonstrate that he or she has been working in their
area of science or art during the year immediately preceding the
filing of the application. The beneficiary must also intend to
practice in the same field in the United States.
Although this category of Schedule A still exists for "shortage-based"
immigration, most cases for such talented scientists, researchers,
professors, artists, and athletes are filed under the following
"achievement-based" categories instead:
National Interest Waivers