IMMIGRANT VISAS

No offer of employment or labor certification is required. You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Those seeking a national interest waiver may self-petition. 

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Labor Certification required. The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). You must meet any other requirements specified on the labor certification as applicable as of the priority date.

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No labor certification is required. For those with exceptional ability as defined by the Department of Labor (widespread acclaim and international recognition) or certain professional nurses and physical therapists, the employer submits the petition to USCIS with an uncertified ETA Form 9089 for consideration as Schedule A. 

Labor Certification required. You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature. You must be performing work for which qualified workers are not available in the United States. You must meet any other requirements specified on the labor certification.

No labor certification is required. 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 a comparable research position at a university, institution of higher education, or private employer. 

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Labor Certification required. You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable.

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Labor Certification required. You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification. Relevant post-secondary education may be considered as training.

You must be performing work for which qualified workers are not available in the United States.

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No labor certification is required. You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity. 

No offer of employment or labor certification is required. Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States.  Those seeking a national interest waiver may self-petition. 

Factors USCIS Considers for National Interest Waiver:

• The proposed endeavor has both substantial merit and national importance.

• You are well positioned to advance the proposed endeavor.

• On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

Labor Certification required. You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation. You must be performing work for which qualified workers are not available in the United States. Education and experience may not be substituted for a baccalaureate degree. You must meet any other requirements specified on the labor certification.

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