USCIS announced the addition of the U.S. Department of Labor (DOL) definition of “science or art” related to Schedule A Occupations, Group II cases to their policy manual.

Many EB-2 and EB-3 petitions, require employers to obtain a labor certification from the DOL prior to filing Form I-140, immigrant Petition for Alien Workers, with USCIS. Some occupations listed on Schedule A are designated by the Department of Labor (DOL) as lacking sufficient able, willing, qualified, and available U.S. workers. For these occupations, employers can skip the DOL review process and submit the labor certification directly to USCIS. There are three groups of occupations 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 as it relates to 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 also added that a review of both the quality and quantity of the evidence provided will be conducted. The update 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, please reach out to us. Our team of experienced attorneys closely monitor updates to U.S. immigration policy and keep our clients informed every step of the way.