U.S. Department of Homeland Security 

U.S. Citizenship 

and Immigration 

Services 

www.uscis.gov 

U.S. Citizenship and Immigration Services 

Office of the Director 

Camp Springs, MD 20588-0009 

April 10, 2024 PA-2024-10 

Policy Alert 

SUBJECT: Clarifying the Term “Science or Art” for Schedule A, Group II Occupations 

Purpose 

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy 

Manual to update the Schedule A, Group II definition of science or art to align with the U.S. 

Department of Labor (DOL) definition. 

Background 

For many employment-based 2nd and 3rd preference (EB-2 and EB-3) petitions, the employer must 

obtain a labor certification from DOL before filing an Immigrant Petition for Alien Workers (Form I140) with USCIS.1

 For certain occupations, referred to as Schedule A occupations, DOL has 

predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and 

available.2 For these occupations, employers submit the labor certification directly to USCIS, 

bypassing DOL review. Currently, DOL has designated two groups of occupations under Schedule A. 

Group I includes registered nurses and physical therapists. Group II includes beneficiaries with 

exceptional ability in the sciences or arts (except performing arts). DOL defines a science or art as 

any field of knowledge or skill in which colleges and universities commonly offer specialized courses 

leading to a degree.3 A separate subset of Group II includes beneficiaries with exceptional ability in 

performing arts. Since USCIS considers DOL regulations when adjudicating Schedule A petitions, 

USCIS is now adding reference to DOL’s regulatory definition of science or art4 into USCIS’ policy 

to align with DOL. 

This guidance, contained in Volume 6 of the Policy Manual, is effective immediately and applies to 

requests that are pending or filed on or after April 10, 2024. The guidance contained in the Policy 

Manual is controlling and supersedes any related prior guidance. 

Policy Highlights 

1 See INA 212(a)(5). 2 See 20 CFR 656.5. 3 See 20 CFR 656.5(b)(1). 4 See 20 CFR 656.5(b)(1). 

To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. 
 

PA-2024-10: Clarifying the Term “Science or Art” for Schedule A, Group II Occupations 

Page: 2 

• Clarifies that DOL, when designating Schedule A, Group II, defines science or art as 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.5 

• Explains that, as with all adjudications, USCIS reviews both quantity and the quality of the 

evidence.6 

Summary of Changes 

Affected Section: Volume 6 > Part E > Chapter 7 > Section F > Subsection 2, Group II Occupations 

• Revises first paragraph of italicized heading “Immigrants of Exceptional Ability in the Sciences 

or Arts” and first paragraph of italicized heading “Immigrants of Exceptional Ability in the 

Performing Arts.” 

USCIS may also make other minor technical, stylistic, and conforming changes consistent with this 

update. 

Citation 

Volume 6: Immigrants, Part E, Employment-Based Immigration, Chapter 7, Schedule A 

Designation Petitions [6 USCIS-PM E.7]. 

5 See 20 CFR 656.5(b). The beneficiary, however, does not need to have studied at a college or university in order to 

qualify for Schedule A, Group II. See 20 CFR 656.5(b)(1). 6 See Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010) (“[T]ruth is to be determined not by the quantity of 

evidence alone but by its quality.”).