Avoiding Labor Certification

Extraordinary Ability, Outstanding Professors and Researchers, Multinational Executives

Foreign nationals of extraordinary ability, outstanding professors and researchers, and multinational executives and managers are considered “priority workers” in the 1st preference category and can avoid the process of labor certification before applying for permanent residence. Professionals of “extraordinary ability” are those that have reached the very top of their fields, and may also self-petition without an employer/sponsor. Outstanding professors and researchers must be internationally recognized in their academic field, and must be offered a tenure-track position with an institution of higher education or a research position with a private employer. Multinational executives and managers must meet the same requirements as applicants for non-immigrant intracompany transferee visas, but may not be setting up new U.S. start-up operations.

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