Problem
An American university seeks to hire a promising young scientist from India for the physics department, with the rank of assistant professor. Even though he obtained his Ph. D. degree just three years ago, the university's interest was sparked by a "brilliant" article he published in an international journal. University officials have not decided just how much teaching they would want him to perform, because they are primarily interested in joining a high-power research team that they hope will win large foundation and government grants for the university. The employment-based second preference would seem to fit, but that category ordinarily requires a labor certification, and the university is concerned that the process will take years.
The university has engaged you as its lawyer to secure the approval of his immigration papers. What do you advise? Consider at least:
A. The "equally qualified" provisions of INA §212(a)(5)(A)(ii) see 20 C.F.R. §656.18)
B. Schedule A (see 20 C.F.R. §656.5(b)(1), 656.15)
C. The national interest waiver of the employer petition requirement ( see §203(b)(2)(B)(i))
D. The "priority worker" (EB-1) categories of INA §203(b)(1) (he preference) (see 8 C.F.R. §204.5(g)-(l))
What would each of these options accomplish for your client? Which would allow you to avoid the individual labor certification process?