Understanding USCIS’s New Policy on the Definition of “Science or Art” on EB-2

Understanding USCIS’s New Policy on the Definition of “Science or Art”

Navigating the complex world of U.S. immigration can be daunting, especially when it involves employment-based categories that often hinge on specific definitions and criteria. A recent update from the U.S. Citizenship and Immigration Services (USCIS) provides a crucial clarification that affects many aspiring immigrants under the employment-based 2nd and 3rd preference categories (EB-2 and EB-3).

Get Started

What Has Changed?

USCIS has issued new policy guidance that adopts the U.S. Department of Labor’s (DOL) definition of “science or art” for Schedule A, Group II cases. But what does this mean for those looking to immigrate under these categories?

Schedule A Occupations: A Quick Overview

First, let’s understand what Schedule A occupations are. These are certain jobs for which the Department of Labor (DOL) has determined there is a lack of available, qualified, and willing U.S. workers. In such cases, employers can fast-track the labor certification process, which is a prerequisite for most employment-based green card applications.

Schedule A is divided into two groups:

Group I: Includes registered nurses and physical therapists.
Group II: Encompasses individuals with exceptional abilities in the sciences or arts, including performing arts.

For Group II, the labor certification is submitted directly to USCIS, bypassing the usual DOL review. This streamlines the process considerably.

New Definition of “Science or Art”

Under the updated policy, USCIS will now reference the DOL’s regulatory definition of “science or art” when evaluating petitions. According to DOL, “science or art” includes any field of knowledge or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in that knowledge or skill.

This definition is critical because it clarifies what qualifies as exceptional ability in the sciences or arts, affecting who can potentially bypass more lengthy reviews under the EB-2 and EB-3 preference categories.

Impact on Applicants

For applicants, this means:

Clarity: The clearer definition helps applicants and employers understand whether their skills or knowledge fit the criteria.
Evidence Requirements: USCIS emphasizes that they will review both the quantity and the quality of evidence provided to demonstrate exceptional ability.
Streamlined Processes: By aligning with DOL definitions, USCIS aims to streamline and standardize the evaluation process, potentially speeding up the adjudication of these petitions.

What Should Applicants Do?

If you are considering applying under Schedule A, Group II, it’s crucial to ensure that your educational background and professional achievements align with the defined fields of science or art as newly specified. As always, compiling robust documentation that clearly demonstrates your exceptional ability will be key to success.

Conclusion

This policy update by USCIS is more than just bureaucratic fine-tuning; it represents an important clarification for many talented individuals around the world who are looking to bring their skills to the United States under the EB-2 and EB-3 visa categories. With clearer guidelines and streamlined processes, the path to working and living in the U.S. might just have become a little easier for those who qualify. If you’re unsure how this update affects you, consulting with an immigration attorney could be a beneficial next step.