[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR656.10]

[Page 669-670]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
       Subpart B--Occupational Labor Certification Determinations
 
Sec. 656.10  Schedule A.


    The Director, United States Employment Service (Director), has 
determined that there are not sufficient United States workers who are 
able, willing, qualified, and available for the occupations listed below 
on Schedule A and that 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 alien seeking a labor 
certification for an occupation listed on Schedule A may apply for that 
labor certification pursuant to Sec. 656.22.

                               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 passed the Commission on Graduates of Foreign Nursing Schools 
(CGFNS) Examination; or (ii) who hold a full and unrestricted license to 
practice professional nursing in the State of intended employment.
    (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 surgeon).
    (ii) ``Professional nurse'' is defined in Sec. 656.50.
    (b) Group II:
    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,

[[Page 670]]

need not have studied at a college or university in order to qualify for 
the Group II occupation.

[45 FR 83933, Dec. 19, 1980, as amended at 52 FR 20596, June 2, 1987; 56 
FR 54927, Oct. 23, 1991]