EMPLOYMENT BASED FIRST PREFERENCE

EBP 1-1:	Aliens with "extraordinary ability" in the arts, sciences, education, business or athletics who have received sustained national or international acclaim.
EBP 1-2:	Outstanding professors and researchers. A. Aliens of international recognition in a specific field of study. B. Have at least three years of experience in the respected field. C. Will be employed in a tenured or tenure-track position.
EBP 1-3:	Multinational executives and managers who have worked with the sponsoring employer or corporate affiliate subsidiary or parent for at least one year in the three years preceding the application.

EMPLOYMENT BASED SECOND PREFERENCE

EBP 2-1:	Aliens who are members of the professions holding advanced degrees. A. A Master's and/of Doctorate (Ph.D.) degree. B. May include a Bachelor's degree and five years of progressive experience in the specialty.
EBP 2-2:	Aliens of exceptional ability (E21) C. "Exceptional ability" means a level of expertise significantly above that ordinarily encountered in the science, arts, or business. (Arts shall include athletics).

EMPLOYMENT BASED THIRD PREFERENCE

EBP 3-1:	Skilled Workers with at least two years training and experience.
EBP 3-2:	Professionals with Baccalaureate Degrees.
EW3:	Other worker (unskilled) (EW3)

As a general rule, Employment Based 2nd Preference immigrants require an approved labor certification application if they are to obtain permanent residence unless they are eligible for, and receive, a National Interest Waiver. All Employment Based 3rd Preference immigrants require an approved labor certification to obtain permanent residence.

LABOR CERTIFICATION APPLICATION

Permanent resident status in the United States is the goal of many aliens. Permanent residence assures that an alien can remain in the U.S. indefinitely and travel freely in and out of the country. It also is the first necessary step to becoming a U.S. citizen. Some aliens are eligible for permanent resident status through close family ties to a U.S. citizen or a permanent resident. Such cases use the Family Based Preferences. Persons without close family ties can also become residents based on an offer of permanent employment in the U.S. As mentioned, the law requires that many such persons also obtain from the U.S. Department of Labor (DOL) a certification that there are no available U.S. workers qualified for the position offered to the alien. This certification by the DOL is called an ALIEN LABOR CERTIFICATION. The employer must be offering full-time, permanent employment. "Permanent" means without a fixed termination point or indefinite.

Most labor certification cases are currently filed through the Reduction In Recruitment (RIR) process which requires that the employer/petitioner first advertise ("recruit") for the position before filing the application with the State Employment Service Agency (SESA)/DOL. The purpose of the RIR program is to increase efficiency and reduce the DOL's large backlogs. It is geared toward "shortage occupations" where there is little or no availability of U.S. workers. Recruitment is expected to be through sources normal for the industry and occupation. The DOL will look to print advertisements, internet recruitment, campus recruiting, job fairs, and the use of recruiters and headhunters.

NATIONAL INTEREST WAIVERS

Certain Employment Based 2nd Preference immigrants may be eligible for a waiver of the job offer requirement and thus not have to file and obtain approval of a labor certification if it can be shown that their admission would be in the national interest of the U.S. Successful applicants must prove:

A. They are seeking to work in an area of "substantial intrinsic merit";
B. Their employment will bestow a benefit that is "national in scope"; and,
C. They will "serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications."