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PERM Schedule A

All businesses need to be aware of the changes to work permits under PERM on March 28, 2005. An immigration lawyer can assure compliance with the new regulations.

Schedule A-Qualified Physical Therapists, Professional Nurses, Or Aliens Of Exceptional Ability In The Performing Arts, Sciences Or Arts, To Include College And University Teachers

1. What is Schedule A and who qualifies?

Answer: Schedule A lists those occupations for which a determination by the Department of Labor has been made that there are not sufficient United States workers who are able, willing, qualified, and available and the wages and working conditions of United States workers similarly employed will not be adversely affected by employment of aliens in those occupations. An employer seeking a labor certification for a physical therapist, a professional nurse, or an alien of exceptional ability in the performing arts, sciences or arts, to include college and university teachers, should review § 656.5, Schedule A, to determine whether the alien's qualifications meet the provision's requirements.

2. Is an application for a labor certification for Schedule A occupations filed with a Department of Labor National Processing Center?

Answer: No, an application for a labor certification for Schedule A occupations is filed, in duplicate, with the appropriate Department of Homeland Security (DHS) office.

3. What form is used to file an application for a labor certification for Schedule A occupations?

Answer: The employer must use an Application for Permanent Employment Certification, ETA Form 9089, which includes a prevailing wage determination.


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