Immigration Law Associates
Chicago Lawyer, Attorney: Green Card, H-1B, National Interest Waiver, J-1, Spouse, Fiance, Student Visa, VAWA, Citizenship, Removal, Korean, Polish, Japanese, Spanish

Four Ways To Avoid Labor Certification

• EB-1A Extraordinary Ability
• Very top of defined field
• EB-1B Outstanding Professor/Researcher
• Internationally recognized as outstanding in field
• National Interest Waiver of Labor Certification
• Used with EB-2 Visa petitions
• Schedule A Group II Waiver of Labor Certification
• Used with EB-2 or EB-3 Visa petitions
Has won Nobel or comparable prize, or meets 3/10 of criteria below. Has three years of teaching or research experience, offer of tenured, tenure-track or comparable position and meets 2/6 of criteria below. Proposed endeavor must be of substantial merit and national importance. Beneficiary must be well-positioned to advance the proposed endeavor. On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

EB-2A: Must have at least a masters’ in field related to endeavor, entry-level for field must be at least bachelor’s
Can show current widespread acclaim and international recognition. Can show work in past year required exceptional ability and meets 2/7 of criteria below.
Has won lesser national or international prizes Has won major prizes or awards Has academic credential in the area of ability Has won internationally recognized prizes or awards
Is a member of association(s) that require outstanding achievements, as judged by national or international experts Is a member of association(s) that require outstanding achievement Is a member of a professional association Is a member of international association(s) that require outstanding achievement, as judged by international experts
Has been the subject of articles or other publications in major trade, professional or other media Work has been written about (by others) in professional publications or journals Has a license or certification in a profession or occupation Has been the subject of published material in professional publications
Participates as judge of the work of others in the field (individually or on a panel) Participates as judge of the work of others in the field Can verify 10 years full-time experience in area of ability Participates as judge of the work of others in the field (individually or on a panel)
Has made original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to defined field Has made original scientific or scholarly research contributions to the field Has been recognized for achievements and significant contributions by peers, government, or professional or business organizations Has made original scientific or scholarly contributions of major significance to defined field
Has had commercial success in the arts, as measured by ticket or recording sales Has authored scholarly books, or articles in journals with international circulation N/A Has authored scholarly scientific articles in international journals, or journals with international circulation
Has had work displayed at artistic exhibitions or showcases N/A N/A Has had work displayed at artistic exhibitions in more that one country
Commands high salary or compensation relative to others in the field N/A Commands a salary or other remuneration that demonstrates exceptional ability N/A
Performs leading or critical role for distinguished organizations N/A N/A N/A
Other comparable evidence N/A Other comparable evidence N/A
Does not require labor certification, does not require job offer, but must work in field. Alien may self-petition. Does not require labor certification, does require job offer (see above). Alien may not self-petition. Does not require job offer. Alien may self-petition. Requires job offer. Alien may not self-petition.
 
To check current processing times. The type of application is Form I-485 “Employment-based Adjustment Applications”

Contact Us:

(847) 763-8500 via email

Visit Us:

8707 Skokie Blvd., Suite 302
Skokie, IL 60077
(Chicago Metro Area)

Languages:

Korean, Polish, Spanish, Farsi
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