We have determined there are not sufficient United States workers
who are able, willing, qualified, and available for the occupations
listed below on Schedule A and the wages and working conditions of
United States workers similarly employed will not be adversely affected
by the employment of aliens in Schedule A occupations. An employer
seeking a labor certification for an occupation listed on Schedule A may
apply for that labor certification under Sec. 656.15.
Schedule A
(a) Group I:
(1) Persons who will be employed as physical therapists, and who
possess all the qualifications necessary to take the physical therapist
licensing examination in the state in which they propose to practice
physical therapy.
(2) Aliens who will be employed as professional nurses; and
(i) Who have received a Certificate from the Commission on Graduates
of Foreign Nursing Schools (CGFNS);
(ii) Who hold a permanent, full and unrestricted license to practice
professional nursing in the state of intended employment; or
(iii) Who have passed the National Council Licensure Examination for
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Registered Nurses (NCLEX-RN), administered by the National Council of
State Boards of Nursing.
(3) Definitions of Group I occupations:
(i) Physical therapist means a person who applies the art and
science of physical therapy to the treatment of patients with
disabilities, disorders and injuries to relieve pain, develop or restore
function, and maintain performance, using physical means, such as
exercise, massage, heat, water, light, and electricity, as prescribed by
a physician (or a surgeon).
(ii) Professional nurse means a person who applies the art and
science of nursing which reflects comprehension of principles derived
from the physical, biological and behavioral sciences. Professional
nursing generally includes making clinical judgments involving the
observation, care and counsel of persons requiring nursing care;
administering of medicines and treatments prescribed by the physician or
dentist; and participation in the activities for the promotion of health
and prevention of illness in others. A program of study for professional
nurses generally includes theory and practice in clinical areas such as
obstetrics, surgery, pediatrics, psychiatry, and medicine.
(b) Group II:
(1) Sciences or arts (except performing arts). Aliens (except for
aliens in the performing arts) of exceptional ability in the sciences or
arts including college and university teachers of exceptional ability
who have been practicing their science or art during the year prior to
application and who intend to practice the same science or art in the
United States. For purposes of this group, the term ``science or art''
means any field of knowledge and/or skill with respect to which colleges
and universities commonly offer specialized courses leading to a degree
in the knowledge and/or skill. An alien, however, need not have studied
at a college or university in order to qualify for the Group II
occupation.
(2) Performing arts. Aliens of exceptional ability in the performing
arts whose work during the past 12 months did require, and whose
intended work in the United States will require, exceptional ability.
