Permanent Status

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Permanent

There are several ways in which an individual may apply for temporary and permanent status in the United States. A few of the commonly utilized visa categories are outlined below. This information is meant as an overview and is not in any way a detailed analysis of United States immigration law.

Permanent Visas (Immigrants)

	Priority Worker
	Extra-Ordinary Ability: A petition for a person of extra-ordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his/her achievements have been recognized in the field of expertise. The advantage of this type of application is that the individual does not require a job offer and, therefore, does not have to undergo a labour certification process, which is fraught with complications and may be extremely lengthy. Outstanding Professors and Researchers: Any United States employer intending to employ a professor or researcher who is outstanding in an academic field may make application for this person. This category requires an offer of employment from a prospective United States employer. However, there is no labour certification required. Certain Multi-National Executives and Managers: If the applicant is outside the United States in the three years immediately preceding the filing of the petition and has been employed for at least one of those three years in a managerial or executive capacity by a firm or corporation or other legal entity or an affiliate thereof, that person may apply for permanent residence under this category.

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		Professionals who hold advanced degrees or possess exceptional ability
		This category includes individuals involved in the sciences, arts or business. An advanced degree is a United States academic or professional degree or foreign equivalent degree above that of a baccalaureate degree. A United States baccalaureate degree or foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a masters degree. This category ordinarily requires a job offer or labour certification. If it is proven to the applicant’s employment in the United States would be in the national interest (to be determined on a case-by-case basis), however, then s/he may be exempted from the job offer and labour certification requirement.

		Skilled Workers, Professionals and Other Workers
		A Professional means a qualified alien who holds at least a United States or foreign equivalent baccalaureate degree and who is a member of a profession. A Skilled Worker means a person who is capable, at the time of petitioning for this classification, of performing skilled labour (requiring at least two years’ training or experience not of a temporary or seasonal nature) for which qualified workers are not available in the United States. Any relevant post-secondary education may be considered as training for the purposes of this provision. Other Worker means a qualified applicant who is capable, at the time of petitioning for this classification, of performing unskilled labour (requiring less than two years’ training or experience not of a temporary or seasonal nature) for which qualified workers are not available in the United States. This category requires both a job offer from a United States entity and a labour certification.

		Employment Creation Aliens (Alien Entrepreneur)
		A person who has invested or is actively in the process of investing lawfully obtained capital in a new commercial enterprise in the United States which will create full-time positions for not fewer than ten qualifying employees may make application for permanent residence. The amount of capital necessary to make a qualifying investment in the United States is $1,000,000 (U.S.). The amount of capital necessary to make a qualifying investment in a targeted employment area within the United States is $500,000 (U.S.). A targeted employment area means an area which, at the time of the investment, is a rural area or an area which has experienced unemployment of at least 150% of the national average rate.

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