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.

Related Resources

• USCIS Press Release: USCIS Updates Guidance for Schedule A Occupations – December 2, 2020