PERM Schedule A Documentation

An immigration lawyer can be consulted to explain the new changes to work permits under PERM.

1. Must the employer request a prevailing wage determination from the State Workforce Agency (SWA) if filing under Schedule A?

Answer: Yes, a prevailing wage determination must be requested from the SWA having jurisdiction over the proposed area of intended employment.

2. If filing an application under Schedule A, must an employer provide notice of filing?

Answer: Yes, an employer must comply with the posting requirement in § 656.10(d) to file applications under Schedule A with the appropriate Department of Homeland Security office.

3. If an application for a Schedule A occupation is denied is the employer permitted to file for a labor certification for a physical therapist or professional nurse under the basic process, § 656.17?

Answer: No, labor certifications for professional nurses and for physical therapists will not be considered under § 656.17.

4. Is it true that the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination is not acceptable as a means of obtaining a labor certification for professional nurses under Schedule A?

Answer: Yes, the passage of the examination alone is not acceptable; the alien is required to have a CGFNS Certificate. A CGFNS Certificate documents that, in addition to having passed the nursing skills examination, the alien has demonstrated English language proficiency and CGFNS has made a favorable evaluation of the individual's nursing credentials.

5. What documentation must the employer file when seeking a Schedule A labor certification for a professional nurse?

Answer: The employer must file, as part of its labor certification application, documentation the alien meets one of three requirements: the alien has a Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate, the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN) exam, or the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment.

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