USCIS Issues Policy Guidance Addressing Schedule A Designations

USCIS issued policy guidance in the USCIS Policy Manual to address Schedule A designations. The new guidance is effective December 2, 2020; Comments are due January 4, 2021.

Policy Highlights

  • Clarifies how DOL and USCIS eligibility requirements work together.
  • Provides the prevailing wage determination and notice of filing process for Schedule A designation.
  • Clarifies the evidentiary requirements to establish that the beneficiary’s occupation and the beneficiary qualify for consideration under either Group I or Group II of Schedule A.
  • Explains that the petitioner must also demonstrate that the position and the beneficiary meet USCIS requirements for the classification the petitioner seeks.

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Cite as AILA Doc. No. 20120230.

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