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IMMIGRATION MAY 03, 2024 | The Indian Eye 48
The Much Neglected Schedule A,
Group II Green Card Option Gets
a Boost After USCIS Broadens the
“Sciences or Arts” Definition
BY CYRUS D. MEHTA AND exists. Group I occupations a lengthy and onerous test there is an insufficient num- the past year, as well as the
consist of physical therapists of the labor market or file an ber of ready, willing, able, position offered in the U.S.,
KAITLYN BOX*
and professional nurses, ETA-9089 with the DOL. and qualified United States must also require exception-
while Group II occupations In its recent policy up- workers. al ability.
n April 10, 2024, US- include “immigrants of ex- date, USCIS stated that However, the signifi- Additionally, the ben-
CIS issued a policy
Oalert clarifying the ceptional ability in the sci- “DOL, when designating cance of this change should eficiary must meet at least
not be overstated as all the two of the following seven
ences or arts, including col-
Schedule A, Group II, de-
term “sciences or arts” for lege and university teachers, fines science or art as any existing requirements for criteria laid out in 20 CFR
Schedule A, Group II occu- and immigrants of excep- field of knowledge or skill Schedule A, Group II desig- 656.15(d)(1):
pations. Schedule A occu- tional ability in the perform- with respect to which col- nation still apply. For noncit- • Documentation of the
pations are those for which ing arts”. Schedule A occu- leges and universities com- izens in the sciences or arts, beneficiary’s receipt of in-
the Department of Labor pations are “pre-certified” monly offer specialized even under the expanded ternationally recognized
(DOL) has recognized that by the DOL, so employers courses leading to a degree definition, this means that prizes or awards for excel-
a shortage of U.S. workers
are not required to conduct in the knowledge or skill.” they must demonstrate ex- lence in the field;
Previously, these terms ceptional ability in their • Documentation of the
were not defined in the field. Employers must pro- beneficiary’s membership
USCIS Policy Manual. vide a full-time offer of in international associa-
This update could open employment, and offer the tions, in the field, which re-
up the Schedule A, beneficiary at least the pre- quire outstanding achieve-
Group II to encompass vailing wage. ment of their members, as
any field for which U.S. judged by recognized in-
colleges and universities The employer must also ternational experts in their
commonly offer a de- disciplines or fields;
gree program. provide notice of the • Published material in
Noncitizens whose position to a bargaining professional publications
professions were not about the beneficiary,
clearly a “science” or representative, or its about the beneficiary’s
“art”, such as lawyers, employees. The specific work in the field, which
businesspeople, and must include the title,
teachers, may now be requirements that USCIS date, and author of such
able to avail of the outlines for each Sched- published material;
Schedule A, Group II • Evidence of the benefi-
program. This broad- ule A occupation must ciary’s participation on a
ening of the definitions also be met. panel, or individually, as a
of “science” and “art” judge of the work of others
follows the Biden Ad- in the same or in an allied
m of ministration’s Execu- In order to demonstrate field of specialization;
CYRUS D. MEHTA & PARTNERS PLLC tive Order on Artificial “exceptional ability in the • Evidence of the beneficia-
Intelligence to expand sciences or arts”, a benefi- ry’s original scientific or
the availability of high- ciary’s prospective employer scholarly research contri-
ly-skilled foreign na- must “submit documentary butions of major signifi-
tionals in the Science, evidence showing the wide- cance in the field;
Technology, Engineer- spread acclaim and interna- • Evidence of the benefi-
ing, and Mathematics tional recognition accorded ciary’s authorship of pub-
(STEM) and AI fields, to the beneficiary by recog- lished scientific or schol-
as well as additional nized experts in the bene- arly articles in the field, in
occupations across the ficiary’s field”. The benefi- international professional
2 6th Floor
economy, for which ciary’s employment during journals or professional
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