The United States Citizenship and Immigration Services (USCIS) has issued a new policy guidance to incorporate the U.S. Department of Labor’s (DOL) definition of “science or art” into the USCIS Policy Manual for Schedule A, Group II cases. This change impacts the adjudication of certain visa categories, particularly those requiring applicants to demonstrate specialized knowledge or skills in a field of "science or art."


Employers filing Form I-140, Immigrant Petition for Alien Workers, under EB-2 and EB-3 often need DOL certification. Schedule A is a special designation within the USCIS Policy Manual that covers certain occupations that are considered in high demand or shortage in the United States. However, certain Schedule A occupations, like registered nurses, physical therapists (Group I), and those with exceptional ability in sciences or arts (Group II), are exempt from DOL review due to a lack of willing, able, qualified and available U.S. workers.

To ensure alignment with DOL regulations, USCIS now references the DOL’s regulatory definition of “science or art” for Group II occupations. According to DOL, “science or art” encompasses any field of knowledge or skill for which colleges and universities commonly offer specialized courses leading to a degree in the respective field. USCIS emphasizes that, as with all adjudications, both the quantity and quality of evidence provided are thoroughly reviewed.

Here’s the official notification.

“This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication. This update does not change policy or operations. This is an update to incorporate the DOL definition in the USCIS Policy Manual,” reads the notification.

Direct link to Chapter - 7 of USCIS Policy Manual.

Story at a Glance

  • USCIS aligns with DOL "science or art" definition for Schedule A, Group II.
  • Certain Schedule A occupations (e.g., nurses, physical therapists) exempt from DOL review due to U.S. worker shortage.
  • USCIS now adopts DOL's "science or art" definition for Group II, ensuring compliance.
  • DOL defines "science or art" as any knowledge or skill offered in specialized degree courses.
  • USCIS stresses thorough review of evidence quality and quantity in all adjudications.