THE HOLT LAW GROUP

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.