by Victoria Chen, Esq., J.D. Obtaining labor certification is the pre-filing step for most EB-2 and EB-3 categories. However, it is a long and complicated process. Understanding which categorization does not require or waives a labor certification is important for potential seekers of permanent residency via employment-based immigrant visas. A labor certification is not required in priority workers visas as we discussed before. Petitions for all three groups of priority workers do not need Read more [...]

by Victoria Chen, Esq., J.D. The first question a petitioner in EB1-A has is whether the prize they have received is categorized as a major internationally recognized prize, a lesser nationally or internationally recognized prizes or neither. As the law states, to be qualified as an EB1-A extraordinary worker, a petitioner must submit evidence of receiving a major internationally recognized prize or submit at least three types of evidence listed in the law. A lesser nationally or internationally Read more [...]

by Victoria Chen, Esq., J.D. Background: The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), as a member of the professions holding an advanced degree. At the time he filed the petition, the petitioner was a global capital market expert at Wachovia Capital Markets. He has since begun working for Credit Suisse Securities USA, LLC. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, Read more [...]

by Victoria Chen, Esq., J.D. Background: The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), as a member of the professions holding an advanced degree. The petitioner seeks employment as a geodesist. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. USCIS Decision: The director found that the petitioner qualifies for Read more [...]

by Victoria Chen, Esq., J.D. Generally, application of second preference of employment-based immigrant visa, unlike first preference, requires a specific job offer and labor certification. However, a foreign person may seek a waiver of the offer of employment by establishing that his admission to permanent residence would be in the “national interest “. What is “National Interest“ ? The Standard of Law is Unclear The Immigration Act of 1990 states that the standards for national Read more [...]