207 Can an applicant qualify for a GC without going through Labor Certification?
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This article is from the FAQ, by with numerous contributions by others.
207 Can an applicant qualify for a GC without going through Labor Certification?
To qualify as an outstanding professor or researcher, INS requires
meeting at least two of six criteria as follows:
(1) Receipt of major prizes or awards for outstanding
achievement in the academic field.
(2) Membership in associations requiring outstanding achievements
for their members.
(3) Published material in professional publications written by
others on behalf of the person's work in the academic field.
(4) Evidence of the person's participation either individually or
a panel as the judge of work of others in the same or allied
academic field.
(5) Evidence of the person's original scientific or scholarly
research contributions in the academic field.
(6) Evidence of authorship of scholarly books or articles in
scholarly journals with international circulation in the
academic field
In addition, the person must have at least three years of experience
in the academic field. Such work while working on an advanced degree
is not acceptable unless the person obtained the degree and the person
had full responsibility for classes taught or, for research conducted
toward the degree, it has been recognized within the academic field as
outstanding. Such evidence can be in the form of letter or letters from
current or former employers.
So note that a Ph.D. is not required (I don't have one).
If you want me to get more technical!!!
The following classifications do not need labor certification.
(1) Section 203(b)(1)(A): Alien of Extraordinary Ability in the sciences,
arts, business, and athletics.
(2) Section 203(b)(1)(B): Outstanding Professor/Researcher
(3) Section 203(b)(1)(C): Certain Multinational Executives.
(4) Section 203(b)2 A or B: Member of the professions holding an advanced
degree or an alien of exceptional ability seeking a national interest
waiver of the job offer and labor certification requirements.
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