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Exempt from Labor Certification
The following is a list of occupations or positions held by
a foreign national that would exempt his or her employer from
the requirement of filing a labor certification and consequently
providing evidence that there are no American workers available
for the position.
EXEMPT FROM LABOR CERTIFICATION
- Multinational Employees who have been Managers or Executives
for the employer or one of its subsidiaries or affiliates
abroad for 12 months or more, and who will continue to work
in a Managerial or Executive capacity in the United States.
- Outstanding Researchers and Professors. Defined as employees
with a minimum of three years of research experience AND
who have been published and cited in recognized journals
in their field. Other outstanding achievements may also
qualify.
- Employees of Extraordinary Ability. This category includes
individuals with a high level of expertise who can demonstrate
that they have risen to the top of their field.
- Employees who work in an occupation that is in the national
interest of the United States. These employees must show
that such interest would be harmed if the individual cannot
remain in the United States.
- Schedule "A" Occupations. At present, only two occupations
are designated by the government as pre-certified by the U.S Department of Labor. These are a) registered nurses and b) physical therapists.
Family-based immigration is divided into two categories:
- Immediate relatives--are not subject to quota limitations.
This category includes spouses of U.S. citizens, parents
of U.S. citizens over age 21, and minor unmarried children
of U.S. citizens.
- Other relatives--are subject to quota limitations.
This category includes siblings and adult or married children
of U.S. citizens, and spouses and unmarried children of
lawful U.S. Permanent Residents (LPRs).
Quota waiting periods may range from one to 20 years, depending
on the type of family member and the country of birth of
the prospective immigrant.
For more information about quotas, click
here.
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