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Business Immigration

Extraordinary Ability and Exceptional Ability

  • An individual may file a petition for alien worker on their own behalf if he or she has extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim, whose achievements have been recognized in the field.
  • An individual may file a petition for alien worker on their own behalf if he or she has exceptional ability in the sciences, arts, or business, and is seeking an exemption of the requirement of a job offer in the national interest waiver. A national interest waiver is used when a person with exceptional abilities is considered to be beneficial to the United States and therefore the requirement of a job offer is waived.

Managers and Executives

  • An individual who in the previous 3 years prior to filing a petition for alien worker, has been employed for at least 1 year by a company or corporation and who is seeking to enter the United States to continue working for the same employer, or a subsidiary or affiliate of the employer in a managerial or executive capacity may file a petition.

Investors

  • An individual may file a petition for alien entrepreneur by establishing a new commercial enterprise in which: the individual engages in a managerial or policymaking capacity, the individual has or is actively investing the amount required depending on location, the enterprise benefits the U.S. economy, and which will create full-time employment for at least 10 U.S. Citizens or Legal Permanent Residents.

PERM Labor Certification

  • A labor certification issued by the U.S. Department of Labor allows an employer to sponsor and eventually hire a foreign worker to work permanently in the United States. Before a U.S. employer can submit an immigrant petition on behalf of the foreign worker, the employer must obtain an approved labor certification. A certification from the Department of Labor certifies that there are no U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Once the labor certification has been approved by the U.S. Department of Labor, the employer has 180 days from the date of approval to file a Petition for Alien Worker.