Share this
New USCIS Policy Expands Eligibility for STEM Green Cards
by Phil on May 28, 2024 10:40:53 AM
Recently, the USCIS adopted a new definition of “science or art” from the Department of Labor in certain visa cases, effectively making it easier for foreign professionals in STEM fields to stay and work in the United States. This update broadens eligibility criteria, now encompassing any field with specialized courses offered at colleges or universities, providing more foreign workers the opportunity to secure permanent residence.
More specifically, this update aims to facilitate green card applications under Schedule A, Group II, for those demonstrating “exceptional ability” in STEM fields. To qualify, you must still demonstrate international recognition and acclaim to ensure you meet the high standards of exceptional ability.
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.
What if I Can’t Demonstrate Exceptional Ability?
Despite this policy update potentially opening the door for many more STEM professionals to obtain a green card, demonstrating exceptional ability is difficult. As such, before embarking on a complicated and often expensive permanent residency petition, you might want to consider other options while you build your credentials for such a petition.
One of these options is shifting to F1 status and enrolling in a Day 1 CPT program, which would allow you to work full-time while studying, giving you valuable professional experience and financial stability.
Moreover, Day 1 CPT programs typically have low onsite requirements, providing you with the flexibility to live and work in a different location. This can help you pursue a wider range of professional opportunities to improve your career prospects.
In addition, participating in a Day 1 CPT program can help you develop skills and give you additional time to build your credentials for a future permanent residency petition. By gaining substantial work experience and seizing opportunities to contribute to your field, you can strengthen your green card application and increase your chances of securing permanent residency.
Conclusion
Determining the best approach to your immigration journey can be challenging, even with the recent USCIS policy updates that broaden eligibility for STEM professionals. If you need help understanding ever-shifting USCIS policies or finding alternative pathways, our team is ready to assist you.
Your goal of living and working in the United States is important. Whether you need help understanding recent USCIS updates or exploring options like Day 1 CPT, we can guide you every step of the way.