Employment Visas

Whether you’re pursuing career advancement, creating a better life for your family, or building a business in the United States, we’re here to make your journey to the U.S. as seamless and stress-free as possible. With our expertise in immigration law and unwavering commitment to your success, we’ll guide you through every step with care, trust, and precision.

We Specialize in the following Immigration and Nonimmigrant Visa Petitions:
1. Employment Based Immigrant and Nonimmigrant Visa Categories:

A. EB1, EB2 (with “National Interest Waiver” option) and O1 Visa
Who is eligible to apply for an EB1
- Employment-Based Immigrant Visas for High-Achieving Professionals?

EB-1 – Employment-Based Immigrant Visas for High-Achieving Professionals

The EB1 immigrant category is reserved for high-achieving professionals across a wide range of disciplines. The primary advantage of this classification is that a successful applicant’s permanent residence can be processed relatively quickly, and in certain cases approval is not dependent on a specific job offer. There are three distinct groups within the EB1 category:
A) Persons with extraordinary ability in the sciences, arts, education, business or athletics (EB1A);
B) Outstanding professors and researchers (EB1B); and,
C) Multinational executives or managers (EB1C).

A) Extraordinary Ability: Persons of extraordinary ability in the sciences, arts, education, business or athletics do not require job offers and can self-sponsor. This category of permanent residence is available to a small percentage of people who have risen to the top of their field. While difficult to meet, our expert staff have guided high-achieving professionals across a wide range of disciplines to build a portfolio of evidence that satisfies this demanding standard.
For businesspersons, scientists, educators and athletes, this is a similar category to the O-1 petition for temporary workers of extraordinary ability, as the legal standard of “extraordinary ability” and the documentation needed to prove it are substantially similar to the EB1A. However, to qualify for this immigrant classification, the beneficiary must demonstrate that he or she is coming to the U.S. to work in the area of expertise. Our firm helps clients develop a solid business plan or thorough statement of future plans to satisfy this requirement.

B) Outstanding Professors and Researchers: This classification is available to outstanding professors and researchers with three years of teaching or research experience. A job offer for a tenure-track position from a U.S. research or teaching institution is required. A position as a researcher for a private employer may qualify if the company employs at least three full-time researchers.
The evidence necessary to prove eligibility overlaps significantly with the EB1A category, so with the help of our expert staff most top professors and researchers who meet the EB1B standard but lack a qualifying job offer have the option to self-petition under the EB1A category.

C) Multinational Executives or Managers: Managers and executives of overseas companies with U.S. affiliates are eligible to obtain permanent residence under the first preference category, if their services are required permanently by the U.S. company. They must have been employed by the overseas affiliate company for at least one of the three years immediately preceding their transfer to the United States, in a managerial or executive capacity. The U.S. company must also have been in existence for at least one year. With the help of our expert staff, most individuals who have qualified for the L-1A nonimmigrant visa should be able to meet the legal requirements of this immigrant visa classification.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

Who is eligible to apply for an EB1
- Employment-Based Immigrant Visas for High-Achieving Professionals?

EB-1 – Employment-Based Immigrant Visas for High-Achieving Professionals

The EB1 immigrant category is reserved for high-achieving professionals across a wide range of disciplines. The primary advantage of this classification is that a successful applicant’s permanent residence can be processed relatively quickly, and in certain cases approval is not dependent on a specific job offer. There are three distinct groups within the EB1 category:
A) Persons with extraordinary ability in the sciences, arts, education, business or athletics (EB1A);
B) Outstanding professors and researchers (EB1B); and,
C) Multinational executives or managers (EB1C).

A) Extraordinary Ability: Persons of extraordinary ability in the sciences, arts, education, business or athletics do not require job offers and can self-sponsor. This category of permanent residence is available to a small percentage of people who have risen to the top of their field. While difficult to meet, our expert staff have guided high-achieving professionals across a wide range of disciplines to build a portfolio of evidence that satisfies this demanding standard.
For businesspersons, scientists, educators and athletes, this is a similar category to the O-1 petition for temporary workers of extraordinary ability, as the legal standard of “extraordinary ability” and the documentation needed to prove it are substantially similar to the EB1A. However, to qualify for this immigrant classification, the beneficiary must demonstrate that he or she is coming to the U.S. to work in the area of expertise. Our firm helps clients develop a solid business plan or thorough statement of future plans to satisfy this requirement.

B) Outstanding Professors and Researchers: This classification is available to outstanding professors and researchers with three years of teaching or research experience. A job offer for a tenure-track position from a U.S. research or teaching institution is required. A position as a researcher for a private employer may qualify if the company employs at least three full-time researchers.
The evidence necessary to prove eligibility overlaps significantly with the EB1A category, so with the help of our expert staff most top professors and researchers who meet the EB1B standard but lack a qualifying job offer have the option to self-petition under the EB1A category.

C) Multinational Executives or Managers: Managers and executives of overseas companies with U.S. affiliates are eligible to obtain permanent residence under the first preference category, if their services are required permanently by the U.S. company. They must have been employed by the overseas affiliate company for at least one of the three years immediately preceding their transfer to the United States, in a managerial or executive capacity. The U.S. company must also have been in existence for at least one year. With the help of our expert staff, most individuals who have qualified for the L-1A nonimmigrant visa should be able to meet the legal requirements of this immigrant visa classification.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

Who is eligible to apply for an EB1
- Employment-Based Immigrant Visas for High-Achieving Professionals?

EB-1 – Employment-Based Immigrant Visas for High-Achieving Professionals

The EB1 immigrant category is reserved for high-achieving professionals across a wide range of disciplines. The primary advantage of this classification is that a successful applicant’s permanent residence can be processed relatively quickly, and in certain cases approval is not dependent on a specific job offer. There are three distinct groups within the EB1 category:
A) Persons with extraordinary ability in the sciences, arts, education, business or athletics (EB1A);
B) Outstanding professors and researchers (EB1B); and,
C) Multinational executives or managers (EB1C).

A) Extraordinary Ability: Persons of extraordinary ability in the sciences, arts, education, business or athletics do not require job offers and can self-sponsor. This category of permanent residence is available to a small percentage of people who have risen to the top of their field. While difficult to meet, our expert staff have guided high-achieving professionals across a wide range of disciplines to build a portfolio of evidence that satisfies this demanding standard.
For businesspersons, scientists, educators and athletes, this is a similar category to the O-1 petition for temporary workers of extraordinary ability, as the legal standard of “extraordinary ability” and the documentation needed to prove it are substantially similar to the EB1A. However, to qualify for this immigrant classification, the beneficiary must demonstrate that he or she is coming to the U.S. to work in the area of expertise. Our firm helps clients develop a solid business plan or thorough statement of future plans to satisfy this requirement.

B) Outstanding Professors and Researchers: This classification is available to outstanding professors and researchers with three years of teaching or research experience. A job offer for a tenure-track position from a U.S. research or teaching institution is required. A position as a researcher for a private employer may qualify if the company employs at least three full-time researchers.
The evidence necessary to prove eligibility overlaps significantly with the EB1A category, so with the help of our expert staff most top professors and researchers who meet the EB1B standard but lack a qualifying job offer have the option to self-petition under the EB1A category.

C) Multinational Executives or Managers: Managers and executives of overseas companies with U.S. affiliates are eligible to obtain permanent residence under the first preference category, if their services are required permanently by the U.S. company. They must have been employed by the overseas affiliate company for at least one of the three years immediately preceding their transfer to the United States, in a managerial or executive capacity. The U.S. company must also have been in existence for at least one year. With the help of our expert staff, most individuals who have qualified for the L-1A nonimmigrant visa should be able to meet the legal requirements of this immigrant visa classification.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

The EB2 visa category is for professionals holding an advanced degree (at least a Master’s degree or a Bachelor’s degree followed by five years of progressively senior work experience). Also, the job must require such qualifications. Individuals with exceptional abilities in the sciences, arts, or business may also qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest,” a broadly defined term. Since October 2005, this category has experienced substantial swings in immigrant visa availability. Currently, there is a backlog of several years for Chinese and Indian nationals, resulting in processing delays of “green card” applications for these nationalities.

PERM Employment Certification Under the Immigration and Nationality Act, U.S. employers wishing to sponsor foreign workers for U.S. permanent residence must first undertake good-faith recruitment efforts to consider applications from all minimally qualified U.S. candidates for specific positions sought to be certified. To receive certification (and therefore to qualify a selected foreign worker for permanent residence), the employer must attest that there are no qualified, able, willing and available U.S. workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly employed U.S. workers. This program is open to a wide range of positions and is especially useful to those qualifying as professionals for jobs requiring undergraduate and graduate degrees.

National Interest Waiver The USCIS may waive the labor certification process if it is in the national interest. This is an attractive category because individuals may self-file without a U.S. employer. To demonstrate national interest, the petitioner must show that (a) s/he seeks employment in an area of “substantial intrinsic merit;” (b) the benefit to the U.S. will be national in scope; and (c) national interest would be adversely affected if labor certification were required.

No PERM is required for this category.

Science, arts, & performance arts subcategory Individuals with exceptional abilities in sciences, arts or performing arts who are sponsored by an employer may utilize this classification to seek permanent residence. A labor certification is not required, and the petition is filed directly with the USCIS. Petitioner is required to satisfy two sets of regulations (the Department of Labor and the USCIS) in order to qualify for this immigrant classification. Generally, this category is rarely used, since it is duplicative of the EB-1 legal standards.

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