PERMANENT RESIDENCE- EMPLOYMENT

EMPLOYMENT BASED IMMIGRATION AND LABOR CERTIFICATION.

Employment based immigration (with the exception of special immigrants, persons of extraordinary ability, national interest waivers, and investors) requires the employer or prospective employer to submit a petition. The employer must demonstrate that it has the financial ability to pay the wage offered and that the employee beneficiary meets the minimum requirements to perform the job satisfactorily. In certain cases (Second and Third Preference), the employer is required to obtain a Labor Certification indicating that not sufficient U.S. workers are able, willing and qualified to perform the job and that the applicant’s employment will not adversely affect the wages and working conditions of U.S. workers. The Labor Certification process is now handled through Program Electronic Review Management (PERM). The First Preference is for priority workers including persons of ability, outstanding professors and researchers, and multinational executives and managers. The Second Preference is for members of the professions holding advanced degrees or persons of exceptional ability. The Third Preference is for skilled workers, professionals and other workers. The Fourth Preferences provides for special immigrants including religious workers, court dependents, returning residents and others. The Fifth Preference is an investor provision, which grants residency to persons who invest significant funds in the U.S. ($1,000,000 or under certain circumstances $500,000) and hire U.S. workers as employees.

EMPLOYMENT VISAS EXTRAORDINARY ABILITY

EMPLOYMENT-BASED IMMIGRATION: FIRST PREFERENCE EB1

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Each occupational category has certain eligibility requirements that must be met:

Category: Extraordinary Ability

Description:

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

Evidence:

You must meet 3 of 10 criteria or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

Criteria for Demonstrating Extraordinary Ability:

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Evidence of your membership in associations in the field which demand outstanding achievement of their member
3. Evidence of published material about you in professional or major trade publications or other major media
4. Evidence that you have been asked to judge the work of others, either individually or on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
10. Evidence of your commercial successes in the performing arts

(Extracted From USCIS Website)

EMPLOYMENT VISAS: OUTSTANDING PROFESSORS AND RESEARCHERS

EMPLOYMENT-BASED IMMIGRATION: FIRST PREFERENCE EB1

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Each occupational category has certain eligibility requirements that must be met:

Category: Outstanding professors and researchers

Description:

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

Evidence:

You must include documentation of at least two listed below and an offer of employment from the prospective U.S. employer:

• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Evidence of published material in professional publications written by others about the alien's work in the academic field
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

(Extracted From USCIS Website)

EMPLOYMENT VISAS EXTRAORDINARY ABILITY

EMPLOYMENT-BASED IMMIGRATION: FIRST PREFERENCE EB1

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Each occupational category has certain eligibility requirements that must be met:

Category: Extraordinary Ability

Description:

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

Evidence:

You must meet 3 of 10 criteria or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

Criteria for Demonstrating Extraordinary Ability:

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Evidence of your membership in associations in the field which demand outstanding achievement of their member
3. Evidence of published material about you in professional or major trade publications or other major media
4. Evidence that you have been asked to judge the work of others, either individually or on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
10. Evidence of your commercial successes in the performing arts

(Extracted From USCIS Website)

EMPLOYMENT VISAS NATIONAL INTEREST WAIVER

EMPLOYMENT-BASED IMMIGRATION: SECOND PREFERENCE EB2

Category: NATIONAL INTEREST WAIVER

Description: 

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

Evidence:

You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States:

1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
2. Letters documenting at least 10 years of full-time experience in your occupation
3. A license to practice your profession or certification for your profession or occupation
4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability 
5. Membership in a professional association(s)
6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
7. Other comparable evidence of eligibility is also acceptable.

(Extracted From USCIS Website)