Permanent Visas

Priority Workers. This category consists of three sub-groups of employment-based immigrants who are exempt from the labor certification requirement.

• Individuals of Extraordinary Ability. This group includes individuals who have extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and achievements in their field.
  

• Outstanding Professors and Researchers. An individual who has a job offer for permanent employment either as a professor or as a researcher and is recognized internationally as outstanding in a particular academic field is also exempt from the labor certification requirement. The job offer may be a tenured or tenure-track teaching or permanent research position with a university, or a comparable position to conduct research with a permanent private employer.
  

• Multinational Executives and Managers. A manager and/or executive of a multinational firm, corporation or other legal entity may qualify as a priority worker if s/he has worked overseas for the employer in an executive or managerial capacity for at least one (1) year during the immediately preceding three (3) years, and has been offered permanent employment in the United States by the same employer, or its parent, subsidiary or affiliate thereof, in a managerial or executive capacity.

Advanced Degree Professionals and Individuals of Exceptional Ability. This group consists of professionals who possess an advanced degree or the equivalent, and individuals with exceptional ability in the sciences, arts, or business. A job offer and labor certification is required before an immigrant petition can be filed for workers in this category, unless otherwise waived by the Attorney General if deemed to be in the national interest.

Skilled Workers and Professionals. This category always requires a labor certification. To qualify as a skilled worker, the individual must be capable of performing skilled labor (requiring at least two years training or experience). To qualify as a professional, the individual must hold a baccalaureate degree and must be a member of the professions.

PERM Labor Certification. When an offer of permanent/indefinite employment is made by a United States employer to a foreign national a labor certification is normally required to determine (1) whether or/not the foreign worker's employment will have an adverse impact on wages and working conditions of workers in the United States similarly employed, and (2) whether or not there are any available, able, willing and qualified United States workers for the particular position offered to the foreign national.