USCIS Policy Update Sparks New Opportunity for Exceptional Talent
On April 10, the U.S. Citizenship and Immigration Services (USCIS) significantly strived toward bolstering the nation's Science, Technology, Engineering, and Mathematics (STEM) fields. Through a pivotal policy alert, USCIS has officially realigned its "Science or Art" definition to match that of the Department of Labor (DOL), particularly regarding Schedule A and Group II cases. This move marks a progressive shift in facilitating a smoother path for high-achieving foreign professionals seeking permanent residency in the United States.
Streamlining Green Cards for STEM Scholars and Experts
This policy alignment paves the way for an expedited green card process for international STEM scholars, students, researchers, and experts by eliminating the need for labor market testing or filing Form ETA 9089 with the DOL. Employers can now sponsor foreign nationals without these previously requisite steps for occupations listed under Schedule A, where the DOL has determined a shortage of able, willing, qualified, and available U.S. workers. The updated Policy Manual clarifies that fields of knowledge or skill with specialized courses at colleges and universities leading to a degree qualify under Schedule A, Group II, thus broadening the eligibility pool.
Cost Benefits and Processing Times
Employers seeking to sponsor foreign nationals through the Schedule A, Group II path stand to gain significantly in terms of cost savings and reduced processing times. Securing permanent labor certification, or PERM, traditionally demanded high recruitment costs and extensive processing times. The updated policy offers an attractive alternative, saving employers from the laborious PERM labor market test-associated ad expenses, and the lengthy Form ETA 9089 adjudication period by the DOL currently spans 13 months. This development is especially timely as foreign national employees grapple with limited work authorization options, exacerbated by low H-1B cap selection rates and restrictions on L-1A or L-1B visa extensions.
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Criteria for Exceptional Ability in Sciences or Art
To qualify under the new guidelines, an employer must substantiate that the beneficiary has garnered widespread acclaim and international recognition by experts in their field, demonstrating exceptional ability. Furthermore, the beneficiary must have worked in the field for the past year, which requires this exceptional ability. Applicants must meet at least two of the seven specified criteria to qualify, with separate criteria established for those in the performing arts.
Immediate Impact and Support
This policy update is effective immediately, offering a streamlined, cost-effective avenue for obtaining employment-based green cards. Employers are still required to obtain a prevailing wage determination from the DOL and post a Notice of Filing at the worksite, though the broader requirements of the PERM process are no longer necessary. As such, this change is poised to significantly alleviate the challenges employers and foreign national employees face in securing permanent employment in the United States. For those seeking further information or assistance, professional immigration practice teams stand ready to provide support and guidance under the new regulations.
Given the immediate effect of this policy update, USCIS's move demonstrates a strong commitment to attracting and retaining top talent in critical STEM fields, signifying a significant step towards preserving the United States' global competitiveness.
