Since the enactment of the Immigration and Nationality Act in 1952, Congress has attempted to achieve three basic goals: the reunification of families; the provision of workers needed in the U.S. economy; and the resettlement of refugees. With the enactment of the Immigration Act of 1990, a fourth basis for immigration has been established: diversity. … Read more
The Immigration Act of 1990 created a new immigrant category for aliens of “extraordinary ability” in the sciences, arts, education, business, or athletics. This category does not require a Labor Certification and sidesteps completely the issue of availability of U.S. workers. Moreover, unlike virtually all other employment-based immigration options, a specific job offer from a … Read more
The Immigration Act of 1990 created a new immigrant category for “outstanding professors and researchers”. This category does not require a Labor Certification and sidesteps completely the issue of availability of U.S. workers. To qualify in this category, an applicant must establish the following: That he or she is offered a tenured or tenure-track teaching … Read more
Priority Worker status under the Immigration Act of 1990 enables qualified applicants to obtain Lawful Permanent Resident status in the U.S. without the need for an individual Labor Certification, thereby avoiding the lengthy and costly procedure which must be followed by most employment-based immigrants. This status is available to multinational managers or executives who meet … Read more
The National Interest Job Offer Waiver permits a qualified applicant to apply for Lawful Permanent Resident status in the U.S. without a Labor Certification or a specific offer of employment in the U.S. Because the National Interest Waiver may only be solicited by an applicant who is qualified for the Second Employment-Based Immigrant Category (the … Read more
An applicant for Lawful Permanent Resident status who possesses outstanding qualifications and is offered a position commensurate with those qualifications, may seek to avoid the normal Labor Certification procedure by having a prospective employer file an Immigrant Visa Petition requesting classification of the Alien as an Individual of “Exceptional Ability” together with a request for … Read more
Introduction Aliens seeking Lawful Permanent Resident (“Green Card”) status in the U.S. on the basis of an offer of employment must first have their employer, or prospective employer, obtain a Labor Certification (LC) on their behalf. Labor Certification is appropriate only if the employer expects to employ the alien beneficiary permanently or indefinitely, rather than … Read more
Labor Certifications may be advantageously processed under special procedures available to “college and university teachers” if: The applicant is selected for the job as a result of a competitive recruitment and selection process; and if he/she is found to be more qualified than any U.S. workers who applied for the position, and the Application is … Read more
Upon approval of a Labor Certification or filing of an I-140 Immigrant Visa Petition if taking advantage of “Concurrent Filing”, an individual may complete the immigration process in one of two ways: By applying for Adjustment of Status inside the U.S., through the CIS Service Center having jurisdiction over the applicant’s place of residence in … Read more