Quote from kerovin
Dhel28, your not alone. I also experience the same. I called the Immigrant Visa Center awhile ago to follow-up my visa/ ask when can I receive my visa since I'm already complete with the process. The call center agent insist that Schedule A worker is different from the E3. I got confuse, is that so? As I understand it Schedule A is the same as E3 for nurses. What's going on? I don't get it. The agent told me to call again after 2-3 weeks to know the feedback of my concerns. Men, that's too long! I'm disappointed!
Schedule A is a JOB CLASSIFICATION. The U.S. Department of Labor is the agency that determines the occupation schedule A. DOL have classified Schedule A designation as a shortage occupation. Workers under schedule A are nurses, pt's, workers with extra ordinary ability in performing arts. Schedule A workers are also exempted from the time consuming labor certification process.
Employment Based immigrant visa is the work petition which is under USCIS. Employment Based petition are classified according to one's education or abilities. There are five classifications of Employment Based visas. EB1(extra ordianry ability>>>like Einstein) EB2 Advance Degree (Masteral Degree Holders, Doctorate Degree Holders, Specialization Degree Holders) and the EB3. Since most of the nurses and pt's are graduates of a Bachelor meaning four year course they are classified as EB3 (Skilled/ Professional Workers). Msot of the nurses only holds a four year degree course so they were classifed as EB3.
Did you get it?
So you can be under EB2 at the same time classified as Schedule A if for example you are a physical therapist (got license and certifications approved by the us gov't.) PLUS underwent special training like PT in orthopedics. And the school that you underwent training is accredited by US and you were awarded a certificate. Your petition can be filed as EB2 because you are a PT under Schedule A holding an advance degree or speciality occupation.
You can be also EB1 at the same time under Schedule A if you are a nurse with Extra ordianry ability! Hehe but YOU have to prove that!
Did you get the difference? EB is based on educational qualification and abilities. Schedule A is based on occupation considered as a shortage occupation thus exempted from labor certificaton.
But let me warn you most of the people even in the U.S. gov't do not know this stuff that i have explained. The reason behind this CONFUSION is the NEW LAW that recaptured visas and the amended June visa bulletin. As I told you earlier most of the nurses from the Philippines only holds a FOUR YEAR DEGREE COURSE so they are simply classified as Skilled/Professional which is under EB3.
Before this law was signed, majority or almost all of the Schedule A are under EB3, eating the chunk of the EB3. Hey that sounds familiar. HEHE that is why there is a thing called RETROGRESSION. Back then nurses are delayed by THREE AGONIZING YEARS.
So the "brains" of the congress have thought of a way to separate these nurses and pt's out of the EB3 category so that their applications would be processed separately, faster and they can enter the U.S. without delays coz of retrogression. They then thought of a simple common sense solution. Since in the filing of an immgrant visa petition you need to present a CGFNS certificate in order to claim that you will be classified as Schedule A and be exempted from labor certification, and in that USCIS petition Schedule A is separated already. (Look at the USCIS Service Center Processing times) Schedule A has a separate category.
So technically all of you are still EB3 if you are a nurse or pt with a four year degree course BUT YOU ARE RECEIVING A VERY SPECIAL TREATMENT BECAUSE AT THE SAME TIME YOU ARE ALSO CLASSIFIED AS SCHEDULE A.
SCHEDULE A ARE V.I.P.'S NOW! HEHE
So my advise to all when inquiring at the NVC/ Consulates tell them that you are a NURSE under Schedule A benefiting from the 50k visas the President Bush signed! Yes it is as simple as that. Don't be confused.
Once you are exempted from labor certification it means that you are on schedule A. Ok let's simplify things>>> IF YOU ARE A NURSE OR PT you are Schedule A.
I think the DOS/NVC Bosses are still formulating lessons/memos on how they would explain to their subordinates how to process these cases. They need to know which is which! Yeah maybe guidelines will be out within two weeks. Send me a postcard when one of you sees disneyland!!! LMAO