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Immigration Law

: Joel Stewart's Blog

Second Preference without PERM

By Joel Stewart

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As we explained last week, 2nd preference applies not only to aliens with advanced diplomas, but also to aliens of exceptional ability, as defined by DHS regulations. While an approved PERM case is normally required, aliens may also apply without a PERM approval under Schedule A. The regulations for Schedule A come from the Department of Labor, not from DHS. Nothing much has changed since 1991 when Polly Webber wrote an excellent article for Immigration Briefings, "Strategies for Avoiding Labor Certification." As Polly instructed, the major methods for avoiding all or part of the labor certification process are the following:...

Full post as published by Joel Stewart's Blog on June 22, 2009 (boomark / email).

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