USCIS Expands Green Card Eligibility for STEM Professionals

On April 10, U.S. Citizenship and Immigration Services (USCIS) has announced a policy revision that clarifies the fields eligible for a simplified green card process under Schedule A, Group II. This adoption of the DOL’s definition appears to further the administration’s commitment to STEM (science, technology, engineering and mathematics) by providing clarity with regard to the requirements for an existing pathway for international STEM scholars, students, researchers and experts to remain in the United States. 

 Employers can sponsor foreign national employees for permanent residence in Schedule A occupations bypassing the lengthy and intricate PERM process (Labor Certification).

WHAT’S NEW: The revised definition of “science or art” now includes any discipline in which colleges and universities typically offer degrees. As a result, a broader range of STEM experts may now be eligible for the Schedule A process.

WHO IS ELIGIBLE?

  • Exceptional STEM Talent: The stringent criteria for “exceptional ability” remain in place. You must show international recognition and acclaim in your field.
  • Expanded Fields: Individuals with degrees in a broader range of STEM disciplines are now eligible.

EVIDENCE OF EXCEPTIONAL ABILITY

To demonstrate exceptional ability, you must provide documentation that meets at least two of the following seven criteria:

  • International Recognition: Awards, prizes, or other recognitions from reputable international organizations in your field.
  • Membership in Elite Organizations: Membership in exclusive professional organizations that require significant achievements for admission.
  • Media Coverage: Articles or features about you or your work in prominent publications or media outlets.
  • Judging Expertise: Evidence of your participation as a judge of the work of others in your field.
  • Significant Research Contributions: Documentation of your original research that has made a substantial impact on your field.
  • Publications: Published articles in top-tier international journals or professional publications.
  • Exhibitions: Proof of your work being displayed at exhibitions or showcases in various countries.

BENEFITS OF THE SCHEDULE A, GROUP II PROCESS

  • Faster Green Card Process: The Schedule A process is quicker and less complex than the traditional PERM process, allowing employers to directly petition for permanent residency (a green card) for the foreign national.
  • More Opportunities: This update opens the door for more talented individuals to pursue a green card in the United States.
  • No Degree Required: International employees do not need to have a degree from a U.S. college or university to qualify.

US Citizenship Act of 2021 Proposed Policy Changes

Big Hopes for Employment-Based Green Cards

Source : Fact Sheet- US Citizenship Act of 2021

The U.S. Government granted more than 139,000 employment-based green cards to foreign workers and their families. The Current U.S. administration’s proposed legislation could uplift the number of employment-based green cards, which are capped at about 140000 per year. The proposal would help permit the use of unused VISA slots from previous years and allow spouses and spouses and children of employment-based VISA holders to receive U.S. Lawful Permanent Residency without counting them against the annual cap.

These proposed U.S. immigration Policy Changes could help clear the large backlogs of Green Card applicants. This proposed legislation also would remove the per-country cap that restricts skilled immigrants from any single country to account for more than 7% of Green Cards issued each year.

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I-907, Request for Premium Processing Fee hike

Effective Oct 19, 2020, USCIS has increased the Fee on Form I-907, Request for Premium Processing from $ 1440 to $2500 for all filings ($2,500 if you are filing Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification)

Premium processing provides expedited processing for Form I-140, Immigrant Petition for Alien Worker. EB1A, Aliens Extraordinary Ability EB1A applicants are Eligible for Premium Processing while EB2-NIW Not Yet Available. The Eligibility criteria for the designated classification within Form I-140 is provided at https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing

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