In this Section:
- Extraordinary Ability And National Interest Aliens (EB-1 and NIW)
- Labor Certification
- Multinational Managers and Executives
The Immigration and Naturalization Act provides for immigration without labor certification or job offer for certain highly qualified individuals who have been determined to be “aliens of extraordinary ability” or aliens whose immigration is “in the national interest.” These related petition categories require that the applicant prove superior ability in an area that benefits the U.S. and that the benefit to the U.S. be greater than would be typical for an individual in the field.
These categories are available for people in every field. Attorney Healy has been successful with hundreds of these applications for primary and non-primary care physicians, scientists, engineers, business people, and artists.
To establish extraordinary ability, the petitioner must prove that he or she is one of a few at the top of his field and this must be supported by evidence from at least three of eight categories:
- Awards and Honors: These are awards or distinctions received for peer-reviewed presentations or publications, awards received while studying or training. Study grants, specialization certificates (M.R.C.P., etc.) and competitive fellowships or residency positions are also included
- Significant Contributions: Proof of research and clinical accomplishments.
- Publications: Include written and oral presentations and abstracts in journals, conferences or professional meetings.
- Leading and Critical Posts: Include jobs in which the petitioner has significant research, teaching, practical or administrative responsibility.
- Judge of the Work of Others: Includes teaching and research evaluations.
- Membership in Societies, which require Outstanding Achievements: Includes specialty certifying societies, and professional societies.
- Material about the Alien: Includes newspapers, magazine clippings, citations, etc.
High Salary in Comparison to Others: In the country in the field at the time.
Proof submitted would include 4-10 testimonial letters from experts in the petitioner’s field. The testimonial letters would detail how the applicant meets the high standards of NIW or Alien of Extraordinary Ability.
Our office is highly experienced in with these very specialized petitions. We are very detail oriented and spend a significant amount of time with the client to create the best possible presentation to USCIS.
Program Electronic Review Management (PERM)
Labor certification is one of the most important strategies for foreign workers to obtain immigration in the U.S.
A labor certification is a certification by The U.S. Department of Labor that a position exists for which there are no available U.S. workers. Over the years, a large body of law has evolved detailing how the job must be described and how to test the U.S. job market. This law mostly remains the same under PERM, but the way in which the case must be presented and processed has changed drastically. The following is an introduction to PERM.
Who can sponsor for labor certification?
Under PERM current or potential prospective employer may sponsor an alien for labor certification if they may offer the alien permanent employment when the alien becomes a legal permanent resident. Employers may be companies or individuals not here on a temporary basis.
Advertisement required includes: (1) a job notice, (2) a job order placed with the SWA, (3) two Sunday print ads OR one Sunday ad and one professional journal ad for professional positions.
Professional positions: Three additional recruitment steps are required the worker is a professional. Three of the following must occur: employer web site, trade or professional organizations, job search site, job fair, on campus recruiting, private employment firms, employee referral program, campus placement office, local & ethnic newspapers, radio and tv advertisements. T
Processing Time & Procedure
Most cases receive a decision from the Department of Labor as to whether the Form 9089 application was certified within six (6) months.
We regularly assist businesses in the United States obtain permanent residency for their employees who qualify as a manager or executive of a multinational company.
To qualify for a green card as a Multinational Manager or Executive, you must show that you were employed by a company affiliated with your current U.S. employer as a manager or executive outside the U.S. for at least one year out of the three years before your transfer to the United States.
A manager is defined as someone who:
- Manages an organization, department, subdivision, function or component of the organization;
- Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function;
- For supervisors of others, has the authority to hire and fire or recommend such actions.
- For those who manage a function of the organization, must be employed at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises direction over the day-to-day operations of the activity or function.
An executive is defined as someone who:
- Directs the management of the organization or a major component or function of the organization;
- Establishes the goals and policies of the organization, component or function;
- Exercises wide latitude in discretionary decision-making; and,
- Receives only general supervision or direction from higher level executives, the board of directors or stockholders.
An individual is not considered to be acting as a manager or executive merely on the basis of the number of employees that s/he supervises, directly or indirectly. The Immigration Service considers the reasonable needs of the organization, the overall purpose of the company and function, and the company’s stage of development in determining whether a position qualifies. First-line supervisors generally are not considered managers or executives, without other evidence of their qualifications.