U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual. This update incorporates the U.S. Department of Labor’s (DOL) definition of “science or art” into USCIS procedures, specifically affecting Schedule A and Group II cases. This blog post delves into the details of this policy change and its implications for employment-based 2nd and 3rd preference (EB-2 and EB-3) petitions.
Background on Labor Certification
For EB-2 and EB-3 petitions, obtaining a labor certification from the DOL is typically a preliminary step. This certification must be secured before employers can file Form I-140, Immigrant Petition for Alien Workers, with USCIS. However, DOL’s Schedule A pre-identifies certain occupations as having an apparent lack of available, qualified U.S. workers, allowing employers to bypass DOL review and submit their labor certification directly to USCIS.
What’s Changing?
The USCIS’s latest policy update introduces the DOL’s regulatory definition of “science or art” into the adjudication process for Group II of Schedule A occupations. This group encompasses individuals with exceptional abilities in the sciences or arts (excluding performing arts) and those with extraordinary skills in the performing arts. The DOL defines “science or art” as fields of knowledge or skill for which higher education institutions commonly offer specialized courses leading to a degree.
Additionally, the USCIS update emphasizes that adjudications will continue to consider the quantity and quality of evidence provided, ensuring that only qualified individuals benefit from this streamlined process.
Effective Immediately
This update in Volume 6 of the USCIS Policy Manual takes effect immediately. It’s important to note that this change does not introduce new policies or alter operational procedures but integrates the DOL definition to ensure consistency in USCIS’s application of Schedule A and Group II classifications.
Conclusion
By adopting the DOL’s definition of “science or art,” the USCIS aims to simplify the immigration pathway for professionals with exceptional abilities in these fields. This policy update underscores the U.S.’s commitment to attracting global talent by ensuring precise and consistent immigration processes.
Citations
We Can Help!
You may have questions regarding a US Immigration Matter. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
