When US National Interest Is Involved US Immigration’s Discretion Supersedes Department of Labor’s Authority

In order to get a #GreenCard base on US employment categories both immigration ( #USCIS, #NationalVisaCenter, State Department, US Embassies & Consulates) & Department of Labor must be in coordination with one another. But, when US national interest mandates, the involvement of “Department of Labor” may be waived. USCIS (United States Citizenship & Immigration Services) has discretionary power to issue approval of the waivers and Green Cards for otherwise qualified applicants. Each issued Green Card allows Green Card for the applicant’s dependents:
Spouse and all of his/her children under 21.

In employment- based #visa categories I and II, where employers sponsorship is waived, USCIS may base its decision considering the following factors:
The applicant’s:
a-Knowledge, degree, skills and prior success
b-Future activities or a plan for future activities
c-Progress towards the claimed endeavor
The US Market’s:
a-Potential investors, consumers & market’s demands & supplies: all based on evidentiary documents
b-Any other proof that applicant is well-prepared to benefit US market & that the beneficiary is well-positioned to advance the proclaimed endeavor.
c-Evidence that in balance,
It would be to the US interest to accept a well-positioned, educated, skilled & talented immigrant worker without approval of the “US Labor Department” and,
Without fearing that such immigrant will take a spot of a qualified US citizen. Or ;
even in the light of assuming that the applicant will take the spot of a US worker, such take over will still benefit US market, in balance.
In general, #USCitizenshipandimmigration Services has entertained the #Immigrant Visa Requests from extremely talented immigrants coming from various countries. It’s a known fact that almost always, the most talented, most successful, most educated & most skilled workers–professionals, athletes, & researchers– have received visas to #migratetotheUS so the#landofopportunity may take advantage of the world’s best of the bests. Therefore, If you consider yourself of extraordinary talents & skills, it would be wise to consult an experienced #USlawyer to determine your qualification of entering the American Job Market without the “Department of Labor’s” approval and via an immigrant visa issued by #USCIS.

This is a law blog written by Ramona Kennedy. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

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