Most individuals are aware that registered nurses and physical therapists are not required to file a labor certification application as they have been classified as pre-certified by the Department of Labor (DOL) under Schedule A Group I. What most individuals do not realize is that there are other professions that are also exempt from the labor certification requirement under Schedule A Group II. Additionally, as Schedule A Group II falls under the Employment-Based 2nd Preference Category (EB-2), these individuals have the expedited ability to apply for a work permit and permanent residency.
Schedule A Group II includes individuals in professions that require exceptional ability in the sciences or arts and university teachers. The DOL has defined “sciences or arts” to mean “any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill.” The regulations indicate, however, that an alien need not have studied at a college or university in order to qualify for the Group II classification. The scientific field accordingly includes professions in architecture, engineering, information technology, medicine, math, physical science, life science, and library science. The arts field includes both fine arts and performing arts.
To qualify for classification under Group II in the sciences or arts (except performing arts), an applicant must prove the following: 1) Widespread acclaim and international recognition by recognized experts in the field; 2) Applicant’s work in the field during the past year required someone with exceptional ability; 3) Applicant’s intended work in the United States requires someone with exceptional ability.
An applicant in the sciences or arts must substantiate these requirements by providing at least 2 out of the following 7 categories: 1) Internationally recognized prizes or awards for excellence; 2) Membership in international associations requiring outstanding achievement as judged by recognized international experts; 3) Published material in professional publications about the applicant (including title, date, and author); 4) Participation on a panel, or individually, as a judge of the work of others in the same or an allied field; 5) Original scientific or scholarly research contributions of major significance; 6) Authorship of published scientific or scholarly articles in journals with an international circulation; or 7) Display of work at artistic exhibitions in more than one country.
To qualify for classification under Group II in the performing arts, an applicant must prove the following: 1) Applicant’s work in the field during the past year required someone with exceptional ability; and 2) Applicant’s intended work in the United States requires someone with exceptional ability.
An applicant in the performing arts must substantiate these requirements through documents such as the following: 1) Widespread acclaim and international recognition by recognized experts in the field; 2) Published material by or about the alien; 3) High earnings commensurate with the claimed level of ability; 4) Playbills and star billings; 5) Outstanding reputation of venues where applicant appeared; and 6) Outstanding reputation of theaters or repertory companies which the applicant has performed during the pat year in a leading or starring capacity.
If an individual fulfills the requirements for Schedule A Group II, the individual is eligible to file an immigrant visa petition with the DHS seeking classification under the EB-2 category as an exceptional ability alien. As the requirements for Schedule A Group II and EB-2 classification are different, the applicant must also provide evidence of at least 3 of the following categories: 1) Letters from current or former employers evidencing 10 years of full-time experience in the occupation sought; 2) License to practice the profession, if applicable; 3) High earnings commensurate with the claimed level of ability; 4) evidence of membership in professional associations; or 5) Recognition by peers, governmental agencies, or professional associations. If these standards do not readily apply to the applicant worker’s occupation, other comparable evidence may be submitted.
Because there is presently no waiting list for the EB-2 category, an applicant may be eligible to file the application for a work permit and permanent residency at the same time as the filing of the visa petition. This is a significant benefit as the applicant will be able to obtain a work permit within months of filing, as well as maintain legal residency while the petitions are pending with the DHS.
The laws pertaining to Schedule A Group II pre-certification and classification under EB-2 are extremely complex and require detailed and thorough analysis. For those who have achieved the level of exceptional ability in their given field, this visa option is certainly a worthwhile path that will hopefully reward the hard work and dedication they have committed through the years.
For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation, 625 Fair Oaks Avenue, Suite 101, South Pasadena, CA, 91030; (626) 799-3089; info@aquinolaw.net.