USCIS Embraces Department of Labor's Definition of "Science or Art”; details here

The United States Citizenship and Immigration Services (USCIS) has issued a new policy guidance to incorporate the U.S. Department of Labor’s (DOL) definition of “science or art” into the USCIS Policy Manual for Schedule A, Group II cases. This change impacts the adjudication of certain visa categories, particularly those requiring applicants to demonstrate specialized knowledge or skills in a field of "science or art."

Employers filing Form I-140, Immigrant Petition for Alien Workers, under EB-2 and EB-3 often need DOL certification. Schedule A is a special designation within the USCIS Policy Manual that covers certain occupations that are considered in high demand or shortage in the United States. However, certain Schedule A occupations, like registered nurses, physical therapists (Group I), and those with exceptional ability in sciences or arts (Group II), are exempt from DOL review due to a lack of willing, able, qualified and available U.S. workers.

To ensure alignment with DOL regulations, USCIS now references the DOL’s regulatory definition of “science or art” for Group II occupations. According to DOL, “science or art” encompasses any field of knowledge or skill for which colleges and universities commonly offer specialized courses leading to a degree in the respective field. USCIS emphasizes that, as with all adjudications, both...

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