Aliens of Exceptional Ability – Schedule A, Group II

Schedule A, Group II comprises aliens of exceptional ability in the sciences or arts which is a classification separate from the employment-based preferences previously discussed. It also provides an alternative to labor certification.

One of the main advantages to choosing Schedule A, Group II is that it is not currently affected by the visa backlog as are the employment-based preferences. What this means is that professors or researchers, for example, who qualify for this category may file a concurrent application for adjustment of status along with their visa petition and obtain work and travel permits while they are waiting for their cases to be adjudicated. This is a major benefit to foreign nationals from backlogged countries such as India or China who would otherwise have to wait for visa availability before their adjustment of status applications could be filed.

The Schedule A, Group II category requires a full-time job offer and documentary evidence that the beneficiary satisfies at least two of seven listed criteria. These criteria require proof of widespread acclaim and international recognition accorded to the foreign national by recognized experts in their field.