Minnesota Alternatives to PERM Attorney

Alternatives to PERM

The majority of international students who are sponsored by their employers for permanent residents have to undergo the full PERM process. However, there are a few exceptions. The law states that a fraction of applicants who have applied for permanent residents may petition the United States Citizenship and Immigration Services, as opposed to going through the entire PERM process.  While this can be applied to a multitude of occupations including religious workers, and investors, what will be looked at here are the occupations commonly held by recent college graduates.

Priority Workers
Three categories fall under the umbrella of priority workers, they are: certain multinational managers and executives, persons who have an extraordinary ability, and outstanding researches and professors. While it is uncommon for international students to fall under the first subcategory for multinational managers and executives, it requires that you be employed abroad in one of these roles for at least one of the last three years. Persons who have an extraordinary ability and fall under the second subcategory are considered to be those who have “rise to the very top of the field of endeavor.” This is only a small percentage of people, in order to qualify your field of expertise must be either in the sciences, the arts, athletics, business, or education. Those who qualify do not legally have to be sponsored by an employer that said specific documentation is required for this to happen. The final subcategory, of outstanding researchers and professors, requires that the applicant be internationally recognized as being among the top in their area of academia. An additional requirement is that you have researching experience within the field as well as a tenure, or are on your way to a tenure track position, or that you have at least three years of teaching experience.

Shortage Occupations
The Labor Department designates that there are three specific occupations which have been deemed to be chronically short of workers. This exempts employers of such jobs to need to petition on behalf of perspective international employees for their lawful permanent residency. Currently there are only two occupations listed: physical therapists and registered nurses.

National Interest Waivers
The final exception to PERM requires that your area of specialty (either in business, the arts, or the sciences) would be considered national interest. This means that your employment would have to: improve the educational and training programs for those looking to gain additional qualifications or children; improve the national economy; improve healthcare; improve the working conditions and subsequent wages of workers within the United States; improve the protection of natural resources and the environment; improve the quality and affordability of housing; or that you were requested to go to the United States via a government agency. In 1998 the INS issued a new precedent making it extremely difficult for anyone aside from physicians to really qualify for lawful residence though this method of application.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the the alternatives to PERM and the legal issues pertaining to your case.

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