8. DEPARTMENT OF LABOR SCHEDULES OF OCCUPATIONS Schedules A and B and Schedule C Precertification List consist of lists of occupations or occupational groupings which, because of the existence of certain patterns in labor supply and demand in the economy can be processed without individual review by the Department of Labor. Schedules are applied uniformly to requests for certification from all countries. Schedule A lists occupations and fields of specialty in short supply nationally, which are certified in advance. Examples are architects, mathematicians, chemists, and physicists. Also included in Schedule A are aliens with an advanced degree comparable to a Ph.D or Master's degree given by American colleges or universities, and aliens coming to the United States to perform duties required of them as members of bona fide religious organizations, provided that such duties are related to the non-profit operations of such organizations. Consular or immigration officials take final action on cases involving these occupations. Only Form ES-575A is required. Schedule B lists occupations and occupational groups for which the Department of Labor could not issue a certification because of the availability of resident workers. Examples are bus boys, cook's helpers, farm laborers, grocery checkers, and kitchen workers. Other occupations are on Schedule B because of the adverse effect alien workers would have due to the wages or working conditions that prevail in those occupations. Schedule C Precertification List covers skilled occupations which are in short supply in most areas of the United States. Examples are cabinetmakers, machinists, secretaries, and watchmakers. Consular or immigration officials take final action on cases involving these occupations if the alien intends to reside in an area where the occupation is precertified. Only Form ES-575A is required. The Schedule C Precertification List consists of occupations for which the Secretary of Labor has determined that there are not sufficient workers who are able, willing, qualified and available for employment, and that the employment of aliens will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. Any alien who meets the qualifications as described for those occupations is certified by the Department of Labor pursuant to section 212(a) (14) of the Immigration and Nationality Act, unless he will reside in an area of the U.S. specifically excluded from the precertification. The precertification does not apply to Alaska, Guam, Hawaii, Puerto Rico, Virgin Islands, and other territories and possessions of the United States, nor to other areas designated as excluded for occupations on the Schedule C Precertification List. Any alien whose occupation is precertified for the area where he will reside shall file Form ES-575A, describing his qualifications, with a U.S. Consular office abroad or an Immigration and Naturalization Service office in the U.S., as appropriate. Forms and instructions are available at these offices. If the Consular or Immigration Service office determines that the alien meets the requirements for the precertified occupation, they will consider the alien's occupation as certified by the Department of Labor, and will not send the application to the Department of Labor for individual review. Any alien whose occupation appears on the Schedule C Precertification List but whose intended area of residence is excluded from precertification or whose qualifications do not meet the requirements of the listed occupation, may seek a certification on the basis of a job offer from an employer. The employer must file both Form ES-575A (describing the alien's qualifications) and Form ES575B (describing the employer's job offer) at the local office of the State employment service which serves the area where the alien will be employed. Forms should not be filed directly with the U.S. Department of Labor in Washington, D.C. Forms and instructions_concerning their use, completion and transmission may be obtained from any U.S. Consular office, any office of the Immigration and Naturalization Service, or any local office of the State employment service. Copies of the Schedule C Precertification List may be obtained from the Manpower Administrator, U.S. Department of Labor, Washington, D.C. 20210. The List will be issued quarterly or more frequently if necessary. The occupational content of the Schedules is continually under review in terms of changing job market information, labor supply, and economic and demand conditions. This makes the lists responsive to fluctuations in employment levels. Schedules A and B are published in the Federal Register. Information as to the Schedule C Precertified List, which is subject to frequent change because of fluctuating labor market conditions, is available at any Consulate, Immigration and Naturalization Service office, State employment service office, or Regional Office of the United States Employment Service. Professional, Scientific or Artistic Occupations Only Form ES-575A is required for non-schedule professional, scientific, or artistic occupations not included on Schedule A or Schedule C Precertified List. Consular or immigration officers will send Form ES-575A to the national office of the Bureau of Employment Security, Washington, D.C. 20210 when it appears that an intending immigrant qualifies for a non-schedule professional, scientific, or artistic occupation. A review is made by the national office to determine the availability of United States workers in the occupation and geographic area of intended employment and whether the education and experience listed by the alien are comparable to generally accepted standards for the occupation in the United States. This group of occupations differs from those occupations on Schedule A and the Schedule C Precertified List in that an individual labor certification is required. Individual Case Review Aliens not qualified for an occupation described above must locate a United States employer and have him file Forms ES-575A and B with a local office of the State employment service. The local office performs the initial fact-finding and documentation on the availability of United States workers and prevailing wages in the area. After processing by the State employment security agency, the application and documentation are forwarded to a Bureau of Employment Security regional office. When the regional office has sufficient information on the availability of resident workers, prevailing wages, and working conditions it makes the determination required by the Immigration and Nationality Act. As appropriate, the employer, consular office, or Immigration Service office is notified of the determination. NE Region (BUR): NW Region (STP): IMMIGRATION AND NATURALIZATION SERVICE SE Region (RIC): Regional and District Office Locations Regional Offices Burlington, Vermont 05401, Federal Building. St. Paul, Minnesota 55116, 790 South Cleveland Avenue. Richmond, Virginia 23240, Federal Bldg., Room 6226, 400 San Pedro, California 90731, Terminal Island. District Offices Anchorage, Alaska 99501, U.S. Post Office & Courthouse - Atlanta, Georgia 30309, Rm. 370, 1280 W. Peachtree St. Baltimore, Maryland 21201, Room 124, Federal Bldg., 31 Boston, Massachusetts 02203, John Fitzgerald Kennedy Buffalo, New York 14202, 68 Court Street. Chicago, Illinois 60604, Courthouse and Federal Office Cleveland, Ohio 44199, Rm. 1917 Federal Office Building, Denver, Colorado 80202, 17027 Federal Office Building. El Paso, Texas 79984, 343 U.S. Courthouse. Hartford, Connecticut 06101, 135 High Street. Honolulu, Hawaii 96809, 595 Ala Moana Boulevard. Kansas City, Missouri 64106, 819 U.S. Courthouse, 811 Los Angeles, California 90012, 300 North Los Angeles Street. Newark, New Jersey 07102, 970 Broad Street. New Orleans, Louisiana 70113, New Federal Building, 701 New York, New York 10007, 20 West Broadway. Omaha, Nebraska 68102, New Federal Building, 215 North Philadelphia, Pa. 19102, 128 North Broad Street. Portland, Oregon 97205, 333 U.S. Courthouse, Broadway St. Albans, Vermont 05478, Federal Bldg., P.O. Box 591. San Antonio, Texas, 78206 U.S. Post Office & Courthouse. Sansome Street. San Juan, P.R., Pan Am Building, 255 Ponce de Leon Seattle, Washington 98134, 815 Airport Way, South. District 34 (FKG)___ 33 (MAP) 35 (MEX)___ 37 (RIT)... District Offices in Foreign Countries Frankfurt, Germany, District Director, U.S. Immigration Mexico City, Mexico, District Director, U.S. Immigration Rome, Italy, U.S. Immigration and Naturalization Service, c/o American Embassy, APO New York, N. Y. 09794. Other Offices From Which Information Concerning Immigration and Naturalization Agana, Guam 96910, U.S. Immigration and Naturalization Service. Houston, Texas 77061, Federal Building, U.S. Courthouse, 515 Rusk Avenue, Memphis, Tennessee 38103, 814 Federal Office Bldg., 167 North Main Street. Milwaukee, Wisconsin 53202, 328 Federal Building, 517 East Wisconsin Avenue. Norfolk, Virginia 23510, 426 Post Office Building. Pittsburgh, Pennsylvania 15222, 2130 Federal Building, 1000 Liberty Avenue. Providence, Rhode Island 02903, Federal Building, U.S. Courthouse, Exchange Place. Reno, Nevada 89505, Federal Building, U.S. Courthouse, Room 1010, 300 Booth Street. St. Louis, Missouri 63101, Room 423, U.S. Courthouse and Customhouse, 1114 Market Street. Salt Lake City, Utah 84111, Room 4103, Federal Building, 125 South State Street. San Diego, California 92104, 2223 El Cajon Blvd. Spokane, Washington 99201, 691 U.S. Courthouse Bldg. |