USCIS Adopts DOL Definition of ‘Science or Art’ to Support STEM Talent
April 17, 2024
- U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in its Policy Manual to add the U.S. Department of Labor’s (DOL) definition of “science or art” for Schedule A, Group II cases.
- Currently, Schedule A, Group II cases are defined as beneficiaries with exceptional ability in the sciences or arts (except performing arts) and beneficiaries with exceptional ability in performing arts.
- The USCIS definition of ‘science or art’ is being expanded using DOL’s definition so as to include as “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.”
- Occupations in any field that commonly lead to a degree from a higher education institution, and that demonstrate exceptional ability, are now encompassed under the Schedule A designation.
- This designation also waives the labor market test requirement for EB-2 or EB-3 permanent residency sponsorship applications, facilitating a more efficient pathway to permanent residency for eligible employees.
SOURCE: USCIS Newsroom, April 10, 2024: https://www.uscis.gov/newsroom/alerts/uscis-adopts-department-of-labor-definition-of-science-or-art