Overview: Non Schedule A (NSA) is a list of occupations that the
U.S. Department of Labor (USDOL) has
determined generally may have sufficient US
employees who are skilled and available, and that wages and working conditions
of similarly employed US employees may be adversely effected. Hence, there is a
requirement for the employer to test the American Market through recruitment
efforts.
Basic Process: As of March 28, 2005 the DOL overhauled its Labor
Certification (LC) Program, and the Traditional Permanent and Reduction in
Recruitment (RIR) processes have been replaced by the new PERM (Program
Electronic Review Management) system. (For additional related information see
PERM Labor Certification Program)
The basic requirements for any type of labor certification application filed
under PERM, RIR, or Traditional procedures are exactly the same. These
requirements include full-time employee, permanent job, reasonable job
requirements, prevailing wage, etc
Under PERM, the employer is still requisite to complete pre-filing recruitment
efforts in an attempt to test the American market. These efforts must have taken
place no longer than 180 days prior to actually filing the application
(electronically). Once recruitment has been completed and the application
finalized, it will be submitted electronically to one of the DOL Processing
Centers.
Where to File Application: Prior to March 28, 2005, all
LC applications were filed at the SESA office having authority over the worksite
location. OR, in the case of a "traveler" or "contract worker", it may be
suitable to file in the state where the corporate headquarters are located.
However, now all applications are routed to the appropriate processing center
having jurisdiction over the worksite location.
Major Steps in the Process:
1. Phase I - Part 1 (Labor Certification):
Complete all pre-filing recruitment, review resumes and interview any qualified
applicants, prepare and sign off on the employer's Affidavit or Recruitment and
file the ETA 9089 electronically with the appropriate National Processing
Center.
Processing Time
6 - 9 months (or more)
2. Phase I - Part 2:
File I-140 Petition, approved Labor Certification plus all associated documents
with the INS Regional Service Center; await petition approval.
Processing Time
6 - 12 months (or more)
3. Phase II:
File the Adjustment of Status (stateside processing)
Processing Time 15 - 24 months (or more)
Or...Consular Processing
Processing Time 4 - 8 months (or more)
Important: In the case of an individual labor certification, the
process ends at "Phase I - Part 1" if the Labor Certification is denied.
Rejection is in the form of a "Notice of Findings" (NOF) issued by the
Regional Labor Office. You and your employer will have the opportunity to appeal
the NOF if you and your employer determine that the merits of the case are
strong enough to justify an appeal.
If the labor certification is successful, Phase I - Part 2, and Phase II are
relatively routine, though still involving a great deal of paperwork and time!
Which processing center has my application?
This depends upon the area of intended service for the job opportunity
identified in the LC application.
Atlanta Processing Center
If the area of intended employment is in the following states or territories,
queries should be directed to the Atlanta Processing Center at the
address listed below:
| Alabama | Connecticut | Delaware | Florida |
| Georgia | Kentucky | Maine | Maryland |
| Massachusetts | Mississippi | New Hampshire | New Jersey |
| New York | North Carolina | Pennsylvania | Puerto Rico |
| Rhode Island | South Carolina | Tennessee | Vermont |
| Virgin Islands | Virginia | Washington DC | West Virginia |
U.S. Department of Labor
Employment and Training Administration
Harris Tower
233 Peachtree Street, Suite 410
Atlanta, Georgia 30303
Phone: (404) 893-0101
Fax: (404) 893-4642
Chicago Processing Center
If the area of intended service is in the following states or territories,
queries should be directed to the Chicago Processing Center at the
address listed below:
| Alaska | Arizona | Arkansas | California |
| Colorado | Guam | Hawaii | Idaho |
| Illinois | Indiana | Iowa | Kansas |
| Louisiana | Michigan | Minnesota | Missouri |
| Montana | Nebraska | Nevada | New Mexico |
| North Dakota | Ohio | Oklahoma | Oregon |
| South Dakota | Texas | Utah | Washington |
| Wisconsin | Wyoming | | |
U.S. Department of Labor
Employment and Training Administration
844 N. Rush Street
12th Floor
Chicago, IL 60611
Phone: (312) 886-8000
Fax: (312) 886-1688
For further information regarding the Non Schedule A and immigration in general,
please contact us.
Beware of anyone who "guarantees" you a successful NSA labor certification.
There are no legitimate guarantees.
