Schedule A Group II
A Schedule A Group II petition is an immigrant visa petition (I-140) that enables individuals in the sciences, arts, and business to obtain permanent residence in the United States. To qualify, a foreign national must possess exceptional ability and must have garnered widespread acclaim in his or her field of endeavor. The Schedule A Group II falls in the employment-based second preference (EB-2) category and beneficiaries do not require a PERM labor certification.
Though an approved Schedule A Group II petition does not currently allow foreign nationals born in India or China an immediate opportunity to file for Adjustment of Status (LPR status), it does provide a basis for extensions beyond the six-year cap in H-1B status where visa numbers are retrogressed.
Schedule A Group II petitions must be signed by an employer— a foreign national cannot self-sponsor for this classification. The employer must also attest that it will pay at least the prevailing wage to the foreign national beneficiary once his or her position is assumed on a permanent basis. At the place of employment a petitioning employer must also post a notice of the job opportunity for 10 days, which includes the salary to be paid.
In addition, the petition should be supported by evidence of acclaim, which could include:
- 3rd party attestations
- Publications written by or about the employee
- Patents, awards and other recognition of accomplishment
- Other documentation