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Labor Certification PERM

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Extraordinary Ability

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The first step to obtaining a green card through employment is to obtain labor certification from the Department of Labor. PERM is the Program Electronic Review Management system developed by the Department of Labor to replace the previously Labor Certification program and became effective on March 28, 2005. To obtain an approved Labor Certification, the employer must prove that they were unsuccessful in recruiting a qualified U.S. worker for a certain position. Aliens of extraordinary ability in the sciences, arts, education, business, or athletics qualify for the EB-1A category for a green card application. This category is available to those individuals who have risen to the small percentage at the very top of his or her field and can demonstrate sustained national or international acclaim and recognition.

Outstanding Researcher

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Multinational Manager

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Outstanding professors or researchers quality for the EB-1B category for a green card application. This category is for professors and researchers who are recognized internationally as outstanding in his or her academic field. In order to quality, you must show at two of the following: major prizes or awards in the field, membership in associations who require outstanding achievements, published material written by others about your research, judged of the work of others, contributed original work to the field, authored scholarly articles or publications. Multinational executives or managers qualify for the EB-1C category if it can be shown that the person have been employed for at one year in a managerial or executive capacity in the past three years by an overseas affiliate, parent, subsidiary, or branch of the U.S. employer, is coming to the U.S. in a managerial or executive capacity, and the U.S. employer have been doing business in the U.S. for at least one year.

National Interest Waiver

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Religious Worker

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A National Interest Waiver (NIW) is an EB-2 second employment category preference. NIW requires that the job offer a labor certification usually required be waived to advance the national interest. In order to qualify for a National Interest Waiver the applicant must seek work in an area of substantial intrinsic merit and the work must benefit the nation as a whole. The applicant must demonstrate that the work will benefit the U.S. in a manner so great as to outweigh the national interest inherent in the labor certification process. A religious worker is someone who for the past two years, has been a member of a religious denomination which is a bona fide nonprofit religious organization in the U.S and who has worked as a minister of that denomination, worked in a professional capacity in a religious vocation or occupation for that organization or worked in a religious vocation or occupation for the organization or its nonprofit affiliate, for the past 2 years.
Registerd Nurse
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The registered nurse must be employed with a qualified employer, have two years experience or training, hold a RN license if in the U.S., pass the TOEFL examination, and obtain a visa screen certificate from the Commission on Graduates of Foreign Nurses (CGFNS) agency. Nurses do not need to go through the labor certification process, instead a Form I-140 Immigrant Petition for Alien Worker may be directly submitted.  
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