USCIS Adopts DOL’s Definition of ‘Science or Art

USCIS Adopts DOL’s Definition of ‘Science or Art

U.S. Citizenship and Immigration Services (USCIS) has recently updated its policy guidance to incorporate the U.S. Department of Labor’s (DOL) definitions concerning “science or art” for certain employment-based immigrant petitions. This clarification primarily impacts the adjudication of EB-2 and EB-3 visa categories under Schedule A, Group II.

For many employment-based 2nd and 3rd preference (EB-2 and EB-3) petitions, obtaining a labor certification from the DOL is a prerequisite. This certification must be secured before employers can file Form I-140, Immigrant Petition for Alien Workers, with USCIS. The labor certification process is designed to protect U.S. labor by ensuring that sufficient U.S. workers are not available to fill certain jobs and that employing foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

However, for certain occupations classified under Schedule A, employers can bypass the DOL’s rigorous labor certification review. This is because DOL has already determined a lack of available, qualified, willing, and able U.S. workers in these fields. Schedule A includes two groups:

• Group I, which comprises registered nurses and physical therapists.
• Group II, designated for individuals with exceptional ability in the sciences or arts (excluding performing arts) and those with exceptional ability in performing arts.

The recent policy update by USCIS includes a more precise adoption of the DOL’s definition of “science or art” for Group II cases. According to DOL, science or art encompasses “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.” This definition aims to standardize what qualifies as exceptional ability, ensuring consistency across applications.

Furthermore, USCIS has made it clear that in their adjudication process, both the quantity and quality of evidence provided are critically assessed. This rigorous evaluation ensures that only those truly qualified under the designated categories are able to bypass the usual labor certification process.

This policy update reflects USCIS’s ongoing efforts to align more closely with DOL standards, simplifying the application process for employers and providing clearer guidelines for adjudicators. The alignment with DOL definitions helps streamline operations and reduce redundancy in the evaluation of EB-2 and EB-3 petitions under Schedule A, Group II, facilitating a more efficient immigration process for skilled workers in the sciences and arts.

---