USCIS Adopts the Department of Labor’s Definition of “Science or Art”
The United States Citizenship and Immigration Services has issued policy guidance in the USCIS Policy Manual to incorporate the Department of Labor’s (DOL) definition of “science or art.”
For many second and third preference (EB-2 and EB-3) employment-based petitions, employers must obtain a labor condition certification from the DOL before filing Form I-140, Immigrant Petition for Alien Workers, with USCIS. For certain occupations referred to as Schedule A occupations, the DOL has predetermined that there are not enough U.S. workers who are capable, qualified, and available. For these occupations, employers submit the labor condition certification directly to USCIS, bypassing DOL review. Currently, the Department of Labor has designated two groups of occupations in Schedule A: registered nurses and physical therapists (Group I), and beneficiaries with exceptional ability in the sciences or arts (except the performing arts) and beneficiaries with exceptional ability in the performing arts (Group II).
You could also read: “Important Information on Where to File Your Asylum Application“
As USCIS considers DOL regulations when adjudicating petitions based on Schedule A occupations, we have now added a 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 in which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill.”
If you want to learn more about these topics, visit Paralegal Clases’ social media and join our live sessions every Wednesday.
Instagram: @Paralegalclases
Facebook: Instituto Paralegal de las Américas
Youtube: Instituto Paralegal
Tiktok: @Paralegalnews
