THE UNITED STATES IMMIGRANT VISA SELECTION SYSTEM
A. FAMILY-BASED IMMIGRATION
- Immediate Relatives - spouses, parents of U.S.
citizens whose child is over the age of twenty-one and unmarried
children (under 21) of U.S. citizens.
- First Category - unmarried adult (over 21 years
of age) children of U.S. citizens.
- Second Category - (a) spouses, minor children and
(b) unmarried adult children of permanent residents.
- Third Category - married adult children of U.S.
citizen.
- Fourth Category - brothers and sisters of adult
U.S. citizens
(over 21 years of age).
B. EMPLOYMENT-BASED IMMIGRATION
- First Category: "Priority workers" - extraordinary
ability' outstanding professors and researchers and certain
multinational executives and managers - labor certification
not required.
- Second Category: Professionals holding advanced
degrees or aliens of exceptional ability */** (National
Interest Waiver).
- Third Category: Professionals with baccalaureate
degrees, skilled workers (2+ years of experience/training)
and "other workers" (-2 years of experience/training)*
- Fourth Category: "Special immigrants" - includes
clergy, foreign missionary workers, etc - labor certification
not required.
- Fifth Category: Investors - new enterprises employing
at least 10 U.S. workers + $500,000 - $1 million capital
- labor certification not required.
C. DIVERSITY-BASED IMMIGRATION
Permanent diversity program (DV Visa Lottery)
LABOR CERTIFICATIONS
1. The U.S. Secretary of Labor must find
that:
- there are not sufficient workers in the U.S.
who are able, willing, qualified (or "equally qualified"
in the case of aliens who are members of the teaching profession
or who have exceptional ability in the sciences or the arts),
and available at the time of application for a visa and
admission to the United States and at the place where the
alien is to perform such skilled or unskilled labor (the
question of availability of local workers), and
- the employment of such aliens will not adversely affect
the wages and working conditions of workers in the U.S.
similarly employed (generally, this is a question of prevailing
wages).
2. Types of labor certifications:
- Schedule A
- Job offer or individual labor certification
3. Note Schedule B - occupations
on this list are those for which (generally) labor certifications
will not be issued. (12/16/02)
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EMPLOYMENT BASED 1ST PREFERENCE
(OUTSTANDING PROFESSOR AND RESEARCHERS)
The alien must provide documentation from
at least three
of the following six groups:
- Documentation of the alien's receipt of major prizes or
awards for outstanding achievement in the academic fields.
- Documentation of the alien's membership in associations
in the academic field which require outstanding achievements
of their members;
- Published material in professional written by others about
the alien's work in the academic field. Such material shall
include the title, date and author of the material, and
any necessary translation;
- Evidence of the alien's participation, either individually
or on a panel, as a judge of the work of others in the same
or an allied field;
- Evidence of the alien's original scientific or scholarly
research contributions to the academic field; or
- Evidence of the alien's authorship of scholarly books
or articles (in scholarly journals with international circulation)
in the academic field;
II. In addition, evidence should be submitted
that the alien has at least 3 years of experience in teaching
or research in the academic field. Experience in teaching
or research while working on an advanced degree will only
be acceptable if:
- The alien has acquired the degree, and;
- If the teaching duties were such that he or she had full
responsibility for the class taught, or
- If the research conducted toward the degree has been recognized
within the academic field as outstanding;
- Evidence of teaching and/or research experience shall
be in the form of letter(s) from current or former employees
and shall include the name, address, and the title of the
writer, and a specific description of the duties performed
by the alien; and
III. In addition, the alien must provide
an offer of employment from a prospective U.S. employer. (A
labor certification is not required). The offer of employment
shall be in the form of a letter from:
- A U.S. university or institution of higher learning offering
the alien a tenured or tenured track teaching position in
the aliens academic field;
- A U.S. university or institution of higher learning offering
the alien a permanent research position in the alien's academic
field; or
- A department, division, or institute of a private employer
offering the alien a permanent research position in the
alien's academic field. The department, division or institute
must demonstrate that it employs at least 3 persons full
time in research positions, and that it has achieved documented
accomplishments in an academic field.
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EMPLOYMENT BASED 1ST PREFERENCE
EXTRAORDINARY ABILITY ALIEN
"A LEVEL OF EXPERTISE INDICATING THAT
THE INDIVIDUAL IS ONE OF THAT SMALL PERCENTAGE WHO HAVE RISEN
TO THE VERY TOP OF THE FIELD OF ENDEAVOR."
The alien must provide documentation from
at least three
of the following ten groups:
- Documentation of the alien's receipt of lesser nationally
or internationally recognized prizes or awards for excellence
in the field of endeavor.
- Documentation of the alien's membership in international
associations, in the field for which certification is sought,
which require outstanding achievements of their disciplines
or fields.
- Published material about the alien in professional or
major trade publications or other major media referring
to the alien's work in the field for which classification
is sought. Such evidence shall include the title, date and
author of the materials and any necessary translations.
- Evidence of the alien's participation, either individually
or on a panel, as a judge of the work of others in the same
or an allied field of specifications for which classification
is sought.
- Evidence of the alien's original scientific, scholarly,
artistic, athletic or business-related contributions of
major significance in the field.
- Evidence of the alien's authorship of scholarly articles
in the field, in professional or major trade publications
or other major media.
- Evidence of the display of the alien's work in the field
at artistic exhibitions or showcases.
- Evidence that the alien has performed a leading or critical
role for organizations or establishments that have a distinguished
reputation.
- Evidence that the alien has commanded a high salary or
other significantly high remuneration for services, in relation
to others in the field.
- Evidence of commercial success in the performing arts,
as shown be box office receipts or record, cassette, compact
disc or video sales.
- If the above standards do not readily apply to the beneficiary's
occupation, the petitioner may submit comparable evidence
to establish the beneficiary's eligibility.
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SCHEDULE A, GROUP II
"RECOGNIZED OUTSTANDING PERFORMANCE WELL-ABOVE
THE STANDARD FOR PROFESSIONAL COMPETENCE IN THE OCCUPATION."
TAG-I-656-10/.22
The alien must provide documentation from
at least two
of the following seven groups:
- Documentation of the alien's receipt of intentionally
recognized prizes or awards for excellence in the field
for which certification is sought.
- Documentation of the alien's membership in international
associations, in the field for which certification is sought,
which require outstanding achievements of their members
as judged by recognized international experts in their disciplines
or fields.
- Published material in professional publications about
the alien, relating to the alien's work in the field for
which certification is sought, which shall included the
title, date, and author of such published material.
- Evidence of the alien's participation on a panel or individually
as a judge of the work of others in the same or in an allied
field of specialization to that for which certification
is sought.
- Evidence of the alien's original scientific or scholarly
research contributions of major significance in the field
for which certification is sought.
- Evidence of the alien's authorship of published scientific
or scholarly articles in the field for which certification
is sought, in international professional journals or professionals
journals with an international circulation.
- Evidence of the display of alien's work, in the field
for which certification is sought, at artistic exhibitions
in more than one country.
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