|
|
Advanced
Degree (2nd preference), Skilled & Unskilled Workers (3rd
Preference):
In order to obtain permanent resident status an application
for labor certification must be obtained from the Department
of Labor (DOL). Once approved, the employer will file
for classification of the worker as eligible for status in
the U.S.
Aliens who are members of the professions holding
advanced degree without a national interest waiver request (2nd
Preference)
Employers who intend to employ professionals that hold an
advanced degree in their field may file a petition.
A labor certification is required except where an exemption
would be in the national interest. An advanced degree is a
U.S. professional degree above a baccalaureate degree, or
any foreign equivalent degree. Aliens may also qualify if
they hold a baccalaureate degree and have at least 5 years
of experience in the profession.
Aliens with advanced degrees requesting National Interest
Waiver (2nd preference)
The Employer or alien may file for classification as
a person with exceptional ability in the sciences, arts,
or business and request a national interest waiver. Exceptional
ability is expertise significantly above that ordinarily encountered.
If qualified, then you may ask for a waiver of the need for
a labor certification based upon national interest. A higher
standard is required for approval, and the petition must be
accompanied by additional evidence.
Skilled Workers and Professionals
(3rd preference) |
To
qualify for permanent resident status on a basis of a skilled
or professional occupation aliens must have an approved labor
certification from the DOL. Skilled workers perform a job
requiring 2 years experience, and for which no U.S. worker
is available at the time. The petition must be accompanied
by letters verifying work experience and the labor certification.
Unskilled Workers (3rd
preference)
Other workers can perform unskilled labor requiring 0-2 years
of experience for which U.S. workers are not available. |
|
THE
HOLT LAW GROUP
