For certain occupations under the employment-based 2nd and 3rd preference, the Department of Labor (DOL) has previously determined that there are not sufficient U.S. workers that are able, willing, qualified, and available. These occupations are referred to as the “Schedule A” occupations and currently include the following:
- Group I: registered nurses and physical therapists
- Group II: beneficiaries with exceptional ability in the sciences or arts (except performing arts) and beneficiaries with exceptional ability in performing arts
Unlike for most EB-2 and EB-3 petitions, employers sponsoring a beneficiary for a Schedule A occupation submit the labor certification directly with the U.S. Citizenship and Immigration Services (USCIS), bypassing the labor market test and DOL review.
In the interest of consistency, USCIS issued policy guidance to incorporate the DOL’s regulatory definition of “sciences or arts” as it relates to Group II. More specifically, the DOL defines the term “sciences or arts” as “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 update means that a broader range of occupations will be eligible for Schedule A, Group II classification, which shows USCIS’ ongoing effort to make the immigration process more accommodating for individuals with exceptional abilities in the sciences and arts.