New USCIS Policy Expands Eligibility for STEM Green Cards

Key Changes in Policy

What is Schedule A, Group II?

A Schedule A, Group II petition is an I-140 visa petition granting permanent residence in the United States to individuals in sciences, arts, and business with exceptional ability. Falling under EB-2, it exempts beneficiaries from PERM labor certification. While not granting immediate adjustment of status for Indian or Chinese nationals, it can extend H1B status beyond six years in visa retrogression.

The USCIS Policy Update

On April 10, 2024, the USCIS responded to the Biden administration’s push to retain STEM talent by updating the definition of Schedule A, Group II occupations, broadening the scope of the category in an attempt to facilitate permanent residency for high-achieving foreign employees.

The revised definition now aligns with that of the Department of Labor, covering fields where U.S. colleges offer specialized courses leading to degrees in sciences or arts. In practical terms, this may extend eligibility to employees in fields commonly requiring a bachelor’s or higher degree, as long as they can demonstrate exceptional ability and have worked in positions requiring such ability for at least a year.

How to Prove Exceptional Ability

What Is Exceptional Ability?

In immigration law, the term “exceptional ability” can be confusing, as it carries varying interpretations based on context. It’s often applied differently in EB-2 petitions and in Schedule A, Group II precertification. However, in both cases, you must prove outstanding and unique abilities that surpass typical professional standards in your field.

For those seeking immigration benefits, such as teachers and researchers, “exceptional ability” demands excellence beyond ordinary standards. Those labeled with exceptional ability must demonstrate a rare level of expertise and contributions to their field. This distinction ensures that immigrants recognized under this category contribute significantly to the academic and professional landscape of the United States.

How Do I Demonstrate Exceptional Ability?

To demonstrate that you hold exceptional ability in your field, you need to satisfy at least two of the following criteria:

• International recognition: Awards, prizes, or other forms of recognition from reputable international organizations in your field can demonstrate your excellence and global impact.

• Membership in elite organizations: Being a member of exclusive professional organizations signifies your high level of achievement and recognition. In general, paid memberships or those open to anyone in the field will not demonstrate exceptional ability.

• Media coverage: Articles or features about you and your work in major publications or media outlets can highlight your influence and the public interest in your contributions.

• Judging expertise: Participation as a judge of the work of others in your field shows your expertise and the trust placed in your professional judgment. This is often demonstrated by submitting evidence of peer review work or serving on an awards selection committee.

• Significant research contributions: Documentation that your original research has significantly impacted your field highlights your role as a key contributor to advancements in your area of expertise. You can often demonstrate these contributions by showing notable citations to–or other noteworthy uses of–your work.

• Publications: Publishing articles in top-tier international journals indicates that your work is respected and valued by the academic and professional community.

• Exhibitions: Having your work displayed at exhibitions or showcases internationally reflects the global recognition and appreciation of your work.

Benefits of the Updated Policy

The Schedule A, Group II process streamlines your green card application, making it faster and less complex than the traditional PERM process. Your employer can directly petition for permanent residency on your behalf, expediting the path to obtaining your green card.

In addition, you are not required to possess a degree from a U.S. college or university, increasing the accessibility of a green card.