This category consists of aliens who hold bachelor's degrees & are members of the professions. However, this category does not permit the alien to establish the equivalency of a degree by a combination of education and experience. This area is subject to the labor certification requirement and need expert handling and is best handled by an attorney who is up-to-date with the rules and regulations permeating the labor certification process.
What needs to be filed with the INS:
(1) an official college or university record showing the date that the alien's bachelor's degree was granted and the area of concentration or study;
(2) evidence that the occupation is a profession, on the basis that a bachelor's degree is required for entry;
(3) evidence that the alien is a member of the profession by virtue of his or her education and experience (in the form of letters from trainers or employers with the name, address, and title of the trainer or employer, and a description of the training received or the experience of the alien); and
(4) a labor certification or documentation to establish that the alien qualifies for one of the shortage occupations on Schedule A.
Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file
Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.
