The USA facilitates Green Cards for certain classes of foreign workers.

The shortage of certain types of labor in the U.S. has reached such a high level that the USCIS - the U.S. agency responsible for immigration processes - has decided to waive the PERM, which is the authorization from the DOL - Department of Labor, for companies to hire foreign workers.

The U.S. Citizenship and Immigration Services (USCIS) are issuing policy guidance (PDF, 321.14 KB) in the USCIS Policy Manual to include the Department of Labor's (DOL) definition of "science or art" for cases under Schedule A, Group II.

For many 2nd and 3rd preference employment-based petitions (EB-2 and EB-3), employers must obtain a labor certification from the DOL before filing Form I-140, Immigrant Petition for Alien Workers, with the USCIS. For certain occupations referred to as Schedule A occupations, the DOL has predetermined that there are not enough able, willing, qualified, and available U.S. workers. For these occupations, employers submit the labor certification directly to the USCIS, bypassing DOL review. Currently, the DOL has designated two groups of occupations under Schedule A: nurses and physical therapists (Group I); and individuals with exceptional abilities in the sciences or arts (excluding the performing arts) and individuals with exceptional abilities in the performing arts (Group II).

As USCIS considers DOL regulations when adjudicating petitions based on Schedule A occupations, we are now adding reference to the DOL’s regulatory definition of "science or art" in our policy to align with DOL regarding Group II. In designating Schedule A, Group II, the DOL defines science or art as "any field of knowledge or skill with respect to which colleges and universities generally offer specialized courses leading to a degree in that knowledge or skill." We have also made an additional update to explain that, as with all adjudications, we review both the quantity and quality of the evidence provided.

This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication. This update does not change policies or operations. This is an update to incorporate the DOL definition into the USCIS Policy Manual.

Occupations in Group II

Immigrants with Exceptional Ability in the Sciences or Arts

To demonstrate that a beneficiary has exceptional ability in the sciences or arts (excluding the performing arts), the employer must provide documentary evidence showing the widespread acclaim and international recognition granted to the beneficiary by recognized experts in the beneficiary's field. The DOL defines a science or art as any field of knowledge or skill with respect to which colleges and universities generally offer specialized courses leading to a degree in that knowledge or skill.

Additionally, the employer must provide documentation showing that the beneficiary’s work in this area during the previous year required, and the intended work in the U.S. will require, exceptional ability.

Finally, the employer must provide documentation showing the beneficiary meets at least two of the following seven criteria, where "field" refers to the area in which the petitioner is seeking certification for the beneficiary:

1. Documentation of the beneficiary’s receipt of internationally recognized awards or prizes for excellence in the field;
2. Documentation of the beneficiary’s membership in international associations that require outstanding achievements of their members, as judged by recognized experts in the field;
3. Published material about the beneficiary in professional publications, with title, date, and author of the published material;
4. Evidence of the beneficiary’s participation as a judge of the work of others in the same or related field;
5. Evidence of the beneficiary’s original contributions of major significance to the field;
6. Evidence of the beneficiary’s authorship of scholarly articles in professional journals with international circulation;
7. Evidence of the beneficiary’s work being displayed in exhibitions in more than one country.

Immigrants with Exceptional Ability in the Performing Arts

To demonstrate that a non-citizen has exceptional ability in the performing arts, the employer must provide documentary evidence that the beneficiary’s work experience over the last 12 months required, and the intended work in the U.S. will require, exceptional ability.

Finally, the employer must provide sufficient documentation proving that the beneficiary possesses this exceptional ability, such as:

1. Documentation of current widespread acclaim and international recognition granted to the beneficiary, and receipt of internationally recognized awards or prizes for excellence;
2. Published material by or about the beneficiary, such as critical reviews or articles in major newspapers, periodicals, or trade magazines (with title, date, and author of such material);
3. Documentary evidence of earnings commensurate with the claimed level of ability;
4. Playbills and star billing;
5. Documentation evidencing the excellent reputation of theaters, performance venues, nightclubs, and other establishments where the beneficiary has performed or is scheduled to perform; or
6. Documents attesting to the excellent reputation of theaters or repertory companies, ballet companies, orchestras, or other organizations with which the beneficiary has performed as a lead or principal over the past year.

Source: Portal Migalhas

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