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- Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
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Jul 10, 2019 · The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law.
Individuals who are natives of countries determined by the Secretary of Homeland Security through application of a mathematical formula specified in INA 203 (c) (1) (A) to be “low admission” countries may qualify for immigration under this limitation.
- A. Advanced Degree Professionals
- B. Exceptional Ability
- C. Professional Athletes
- D. National Interest Waiver of Job Offer
- Footnotes
1. Eligibility
To qualify for this immigrant classification as a professional with an advanced degree, the following requirements must be met: 1. The beneficiary must be a member of the professionsholding an advanced degree or foreign equivalent degree; 2. The position certified in the underlying permanent labor certification application or Schedule A application must require, at a minimum, a professional holding an advanced degree or the equivalent;and 3. The beneficiary must have not only had the advanced...
2. Foreign Equivalent Degrees
An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate.A U.S. baccalaureate degree or a foreign equivalent degree followed by at least 5 years of progressive experience in the specialty is considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, the beneficiary must have a U.S. doctorate or a foreign equivalent degree. A beneficiary can satisfy the advanced degree requireme...
3. Advanced Degree Position
Mere possession of an advanced degree or its equivalent is not sufficient for establishing a beneficiary’s eligibility for this classification. The petitioner must also demonstrate that the position certified in the underlying permanent labor certification application or set forth on the Schedule A application requires a professional holding an advanced degree or the equivalent. The petitioner must demonstrate that the position, and the industry as a whole, normally requires that the position...
1. Eligibility
A beneficiarymay qualify for the exceptional ability visa preference classification if: 1. He or she has exceptional ability in the sciences, arts, or business; 2. He or she will substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future; and 3. His or her services in one of those fields are sought by an employer in the United States. The term exceptional ability is defined as a degree of expertise significantly above that ordi...
2. Evidence
Officers should use a two-step analysis to evaluate the evidence submitted with the petition to demonstrate eligibility for exceptional ability classification. Assess Whether Evidence Meets Any Regulatory Criteria The first step of the evidentiary review is limited to determining whether the evidence submitted with the petition is comprised of at least three of the six regulatory criteria.The officer should apply a preponderance of the evidence standard when making this determination. While o...
3. Schedule A, Group II Permanent Labor Certification
Schedule A, Group II permanent labor certification for persons of "exceptional ability in the sciences or arts" is distinct from classification as an person of "exceptional ability in the sciences, arts, professions, or business."Under the U.S. Department of Labor (DOL)'s regulations, an employer seeking permanent labor certification on behalf of an person of "exceptional ability in the sciences or arts" may apply directly to USCIS for Schedule A, Group II permanent labor certification instea...
1. Eligibility
The Immigration and Nationality Act (INA) defines professional athletes for the purpose of allowing them to retain the validity of the underlying permanent labor certification if they change employers. These athletes may qualify for exceptional ability classification. Specifically, the precedent decision Matter of Mastersheld that a professional golfer could, if he was otherwise eligible, qualify as for exceptional ability classification in the arts. This holding has been interpreted to apply...
2. Evidence
As is the case with all petitions for persons of exceptional ability, the petitioner must provide, as initial evidence, documentation demonstrating that the beneficiary qualifies exceptional ability classification, as specified in the regulations.However, submission of evidence that meets the three required regulatory criteria does not necessarily establish that the beneficiary is qualified for the classification. An officer must assess the quality of such evidence, in addition to the quantit...
Since 1990, the Immigration and Nationality Act (INA) has provided that a person of exceptional ability may obtain a waiver of the job offer requirement if USCIS deems such waiver to be in the “national interest.” A subsequent technical amendment extended the job offer waiver to certain professionals.This waiver provision applies only to the second...
[^ 1] This section uses the term beneficiary to refer to the noncitizen; however, if the advanced degree professional also seeks a national interest waiver of the job offer, he or she can self-petition. See Section D, National Interest Waiver of Job Offer [6 USCIS-PM F.5(D)]. [^ 2] See 8 CFR 204.5(k)(2) (defining profession as one of the occupation...
Jan 1, 2024 · INA § 203 (8 USC § 1153)- Allocation of immigrant visas. (a) Preference allocation for family-sponsored immigrants. Aliens subject to the worldwide level specified in section 1151 (c) of this title for family-sponsored immigrants shall be allotted visas as follows: (1) Unmarried sons and daughters of citizens.
This chapter, referred to in subsecs. (a), (b) (except par. (1)(G)(ii)), (c), and (e)–(g), was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note ...
1. Section 101(a)(13)(A) of the Act, as amended by section 301 of the IIRIRA, provides that the terms “admission” and “admitted” mean the lawful entry of an alien into the U.S. after inspection and authorization by an immigration officer. a. An alien’s admission is “lawful” if it is “procedurally regular.” Matter of Quilantan,
Applications for visas in excess of the minimum available to natives of the country specified in section 132(c) of the Immigration Act of 1990 shall be selected for qualified applicants within the several regions defined in section 203(c)(1)(F) of the Immigration and Nationality Act in proportion to the region's share of visas issued in the ...
