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.