Basic Requirements:

This second-preference, employment-based visa status is intended for professionals with advanced degrees. To be eligible, applicants must hold an advanced degree (or some equivalent of experience or education). In addition, qualified applicants must be applying to a position that has a minimum requirement for an advanced degree or comparable level of experience. To be considered to possess an equivalent to a master’s degree, applicants must at least hold a bachelor’s degree and five years of progressive experience.

Application Process:

Under normal circumstances, employers are required to first obtain labor certification (PERM) from the United States Department of Labor for the applicant. Once labor certification has been obtained, applicants (except those from China and India) have normally been allowed to file their application and petition without having to further wait for numerical availability. This immediate availability is expected to continue for applicants from most countries.

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