Calling Schedule A a separate visa
It is a labor-certification process used within an employment-based immigrant classification, not a visa category by itself.
Visa sponsorship · Step 4 of 6
Form I-140 and Schedule A for International Nurses
What the employer files, what Schedule A changes, how the priority date is created, and what an approval does—and does not—mean.
4
Quick answer
Form I-140 is the employer’s immigrant petition asking USCIS to classify the worker in an employment-based category. For professional nurses and physical therapists, Schedule A means the Department of Labor has pre-certified the occupation for the labor-shortage step. It does not waive licensing, petition evidence, employer eligibility, healthcare-worker certification, or visa-number limits.
Your decision at this step: Confirm what category and offered job the employer is filing, then preserve the receipt and approval information needed to track the case and priority date.
What you need
- ✓A permanent full-time job offer and an employer willing and able to petition.
- ✓Evidence that the offered occupation and worker qualify for the requested EB-2 or EB-3 classification.
- ✓The Schedule A application and required labor-condition evidence filed directly with USCIS.
- ✓For a professional nurse, qualifying evidence described in the Schedule A rules, such as NCLEX-RN passage, an unrestricted state license, or the specified CGFNS certificate route.
Questions to get answered
- ?Is the petition EB-2 or EB-3, and why does the offered job meet that classification?
- ?What priority date and chargeability country will be used?
- ?Has the employer filed the case, or is it still collecting documents?
- ?Who will notify me about requests for evidence, approval, transfer to NVC, or next steps?
How this step works
The process, without the shorthand
- 1
Employer defines the offered job and classification
The duties, minimum education and experience, worksite, wage, and occupation affect whether the petition is supportable.
- 2
Employer completes the Schedule A package
Schedule A bypasses the ordinary DOL PERM adjudication, but the employer still submits the required labor certification materials with USCIS.
- 3
USCIS receives Form I-140
The receipt notice identifies the petition and normally anchors the priority date used for visa availability.
- 4
USCIS may approve, deny, or request evidence
A request for evidence can concern the employer, offered job, classification, ability to pay, or worker qualifications.
- 5
Approval preserves the classification—not immediate residency
The worker still needs an available visa number and must complete consular processing or qualify to adjust status.
Common mistakes
Where people get tripped up
Assuming premium processing ends the wait
Faster petition adjudication does not advance the Visa Bulletin or guarantee final visa issuance.
Not knowing what was filed
Workers should retain the receipt number, priority date, category, petitioner name, offered worksite, and copies available from the sponsor or counsel.
Official sources for this chapter
Rules and forms change. Use these primary sources to verify the current requirements before acting.
General educational information only, not legal or immigration advice. Verify your case with the responsible licensing authority, government agency, employer, and qualified counsel.