New Green Card Opportunities for Top-Performing Employees

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Key Takeaways:

New USCIS policy adopts DOL’s “Science or Art” definition, aiding STEM field employees in obtaining permanent residence.
Employers bypass the costly, lengthy PERM process, sponsoring high-achieving employees directly without a labor market test.
Qualification requires demonstrating exceptional ability and meeting at least two out of seven specific criteria.

What Is the New Green Card Path for High-Achieving Employees?

On April 10, 2024, U.S. Citizenship and Immigration Services (USCIS) announced a significant policy update. USCIS has now adopted the Department of Labor’s (DOL) definition of “Science or Art” for Schedule A, Group II cases. This new policy offers an alternative pathway for high-achieving employees, particularly in STEM fields, to gain permanent residence in the United States.

New Green Card Opportunities for Top-Performing Employees

How Does This Change Benefit Employers and Employees?

The new policy is a boon for employers looking to sponsor foreign national employees for permanent residence and avoid the lengthy and costly PERM process (Program Electronic Review Management). PERM requires employers to conduct a labor market test to prove that there are no qualified U.S. workers for the job. By adopting the DOL’s definition, the Schedule A immigrant visa process allows employers to bypass this step for specific high-achieving employees.

“Employers can now sponsor foreign national employees for permanent residence in Schedule A occupations without conducting a labor market test or filing Form ETA 9089 with the DOL,” states the updated Policy Manual.

What Qualifies as “Science or Art”?

The USCIS will now consider “any field of knowledge or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill” when adjudicating Schedule A, Group II cases. This clarification broadens the range of high-achieving employees who can qualify for permanent residence.

How to Qualify for the Schedule A, Group II Category?

To qualify under the Schedule A, Group II path, the process is straightforward but stringent. The beneficiary must be able to demonstrate exceptional ability. Here’s how an employer can prove that their employee qualifies:

Exceptional Ability: The beneficiary’s work in the field must require and demonstrate exceptional ability, for at least the past year.
Criteria Fulfillment: The beneficiary must meet at least two of the following seven criteria:
- Internationally recognized awards or prizes for excellence.
- Membership in international associations that require outstanding achievement.
- Published material in professional publications about the beneficiary’s work.
- Participation as a judge of the work of others in the same or a related field.
- Original contributions of major significance in the field.
- Authorship of scholarly articles in international journals.
- Display of work at artistic exhibitions in more than one country.

What Are the Practical Benefits of This Policy?

The new policy offers practical advantages by reducing the time and cost typically associated with the PERM process:

Time Savings: Employers can save a year or more in processing time, as the DOL’s current timeline for PERM applications is around 13 months.
Cost-Efficiency: Avoiding the labor market test can save thousands of dollars in advertising expenses.

While a prevailing wage determination from the DOL, which takes around five to six months, is still required, bypassing the lengthy adjudication of Form ETA 9089 is a significant advantage.

What Are the Next Steps for Employers?

Employers looking to use this new Green Card pathway for high-achieving employees should review the updated criteria and ensure that their potential candidates meet the exceptional ability requirements.

For more detailed information, you can visit the USCIS official website.

Final Thoughts

This policy change reflects USCIS’s focus on retaining top-tier international talents, especially in STEM fields. By adopting the DOL’s definition of “Science or Art” for Schedule A, Group II cases, USCIS has provided a more accessible route for employers and their high-achieving employees to navigate the complex immigration path more effectively.

This policy shift from April 10, 2024, marks a significant improvement in the U.S. immigration system, opening more doors for talented individuals to contribute to the country’s innovation and growth.

Learn Today:

Green Card (Permanent Residence Card):
- A document issued by the U.S. government to immigrants as evidence of their lawful permanent resident status in the United States, allowing them to live and work permanently in the country.
PERM (Program Electronic Review Management):
- A process required for most employment-based green card applications, where U.S. employers must go through a labor market test to demonstrate that there are no qualified U.S. workers available for a specific job before sponsoring a foreign national employee for permanent residence.
Schedule A Immigrant Visa Process:
- A specific category of immigrant visas that allows certain occupations, particularly those in high-demand fields like STEM, to bypass the labor market test typically required in the PERM process, streamlining the pathway to permanent residence for high-achieving employees.
Exceptional Ability:
- A high standard of achievement in a particular field, where an individual must demonstrate a level of expertise significantly above that ordinarily encountered to qualify for specific immigration benefits, like permanent residence under the Schedule A, Group II category.
Prevailing Wage Determination:
- A requirement in the immigration process where the Department of Labor determines the minimum wage that must be paid to foreign workers in certain occupations to ensure they do not adversely affect the wages of similarly employed U.S. workers, a step still necessary in the new Green Card pathway despite the PERM bypass.

This Article In A Nutshell:

The new USCIS policy, effective April 10, 2024, enhances green card opportunities for high-achieving professionals, especially in STEM fields. By adopting DOL’s “Science or Art” definition, employers can now sponsor such employees with exceptional ability more efficiently, bypassing lengthy PERM processes. This change aims to attract and retain top international talent.
— By VisaVerge.com