U.S. Citizenship and Immigration Services (USCIS) announced an update to the policy manual adding the U.S. Department of Labor (DOL) definition of “science or art” related to Schedule A Occupations, Group II cases.
For many EB-2 and EB-3 petitions, a labor certification from the DOL is required for employers prior to filing Form I-140, immigrant Petition for Alien Workers, with USCIS. Some occupations outlined on Schedule A are predetermined by DOL to have insufficient able, willing, qualified, and available U.S. workers. For these occupations, employers can bypass the DOL review process, submitting labor certification directly to USCIS. Three groups of occupations are designated under Schedule A: Group I includes registered nurses and physical therapists, Group II includes beneficiaries with exceptional ability in the sciences or arts (excluding performing arts), and Group III includes beneficiaries with exceptional ability in performing arts.
USCIS is adding a reference to the DOL’s regulatory definition of “science or art” into their policy, to align with DOL on Group II occupations. The definition is:
“any field of knowledge or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill.”
USCIS further clarifies the requirement, adding a review of both the quality and quantity of provided evidence. The updated is effective immediately upon publication. No related change in policy or operations is required.
As always, if you have questions about any U.S. immigration related issue, contact us. Our team of experienced attorneys closely monitors updates to U.S. immigration policy to ensure our clients get the right advice for their specific situations and remain in compliance.
