Schedule A Group II is a subcategory of an employer-sponsored immigrant petition for foreign worker that allows certain professionals with “exceptional ability” in their field to bypass the part of the Labor Certification process that requires employers to recruit for U.S. workers and “test the U.S. labor market” for alternative candidates. This allows employers to significantly fast-track the sponsorship process for the beneficiary.
Having said that, the benefits of Schedule A Group II designation are different from the benefits of qualifying under the EB-2 National Interest Waiver category, which allows applicants to be exempt from the Labor Certification requirement entirely. For example, petitioners who qualify under Schedule A Group II designation still need to apply for and obtain a prevailing wage determination, a process that National Interest Waiver candidates do not need to go through.
Eligibility for the Category
Schedule A Group II designation is available to individuals of “exceptional ability in the sciences or arts, including college and university teachers,” and individuals of “exceptional ability in the performing arts,” who have been practicing their specialty in the year prior to the application and who intend to continue practicing their specialty in the U.S.
“science or arts” is broadly defined as “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.”
Beneficiary must have “exceptional ability”
“Exceptional ability” in the Schedule A context is defined in a different way than how it is defined in the National Interest Waiver (NIW) context. The beneficiary must have “widespread acclaim and international recognition accorded by recognized experts in the field,” at a level “far above average in their field,” and involving “some rare or unusual talent… or extraordinary ability in a calling which, of itself, requires talent or skill.”
Despite the similarity of the wording to the standard cited in EB1A contexts, it is worth noting that the standard to meet Schedule A Group II designation is interpreted in a much different way than the EB1A context.
With a request for Schedule A Group II designation, the applicant must submit documents meeting at least 2 out of 7 of the below evidentiary criteria:
- Receipt of internationally recognized prizes or awards for excellence in the field.
- Membership in international associations in the field which required outstanding achievement as judged by recognized international experts.
- Published material in professional publications about the applicant and about the applicant’s work in the field.
- Participation on a panel or individually as a judge of the work of others.
- Original scientific or scholarly research contributions of major significance in the field.
- Authorship of published scientific or scholarly articles in the field, in international journals.
- Display of beneficiary’s work in the field at artistic exhibitions in more than one country.
Applicants in the performing arts have a different set of evidentiary criteria to meet. See here for details.
Differences between Schedule A Group II Designation and EB2 National Interest Waiver
One advantage of Schedule A Group II designation is that it is not limited to the EB2 category for advanced degree holders (Master’s or above, or those with exceptional ability – a different concept than the one used for Schedule A Group II analysis). This means Schedule A Group II designation can also be used for positions in the EB3 category, for a skilled worker or professional.
Another advantage of the Schedule A Group II designation is that there is no need to demonstrate that the foreign national’s work will result in prospective benefits to the U.S. that rise to the level of “national importance.” This is a common challenge to National Interest Waiver petitions where a case is found ineligible for the NIW because the worker provides excellent services to a company, but his or her work does not bring broader benefits to the field as a whole or to significantly affect a matter that U.S. government agencies find important.
By contrast, Schedule A Group II Designation is used in connection with employer-sponsored petitions only, and cannot be used for self-petitioning. In addition, the position offered must be a full-time, permanent position for the petitioning employer and the beneficiary must be paid the prevailing wage. By contrast, applicants can self-petition for the EB-2 National Interest Waiver category even without a job offer.
Also check the following related posts: PERM Schedule A Group I, PERM Schedule A Group II, National Interest Waiver.
