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Not all employment based categories require labor certification.
None of the sub-categories in EB1(Employment based first
preference) required labor certification. In EB2(Employment based
second preference), labor certification is required unless it can
be proved that the alien's work in the national interest of United
States and hence labor certification should be waived (It is called
National Interest Waiver(NIW)). All sub-categories in
EB3(Employment based third preference) required labor
certification.
EB4 (Employment based fourth preference) created for ministers and
religious workers, replaces the labor certification requirement
with a requirement of demonstrated affiliation with the employer. The value of a minister or religious worker is arguably unquantifiable, and a position with a church or other religious
organization, at least in the abstract, is not appropriate for
labor certification.
EB5(Employment based fifth preference). It is actually not
employment-based but rather an employment-creating one. EB-5 is
reserved for would-be immigrants who invest $1 million (or $500,000
in rural or high-unemployment areas) to create ten or more jobs for
U.S. workers. So there is nothing certify. So labor certification
is required.
Certain low-skill occupations are considered inappropriate for
labor certification because the U.S. Department of Labor has
determined that there generally are sufficient United States
workers who are able, willing, qualified and available for the
occupations.
Certain occupations are pre-certified due to a lack of qualified
U.S. workers:
physical therapists
professional nurses
aliens with exceptional ability in the sciences or arts
Certain aliens are exempted from the labor certification process,
i.e., those immigrating on the basis of a family relationship,
diversity immigrants, refugees and those granted asylum, even
though many will be undertaking employment in the United States.
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