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With the standard PERM labor certification application, the alien need not show she is extraordinary, outstanding or contributing to a far greater degree than her colleagues. She merely needs to show that she is qualified for the position and that no minimally qualified, able, available and willing US workers applied for the job.

Yes. There is the Schedule A labor certification and the college professor labor certification. The Schedule A labor certification does not involve any recruitment or certification by the Department of Labor. Rather, the application is completed and filed with the US Citizenship and Immigration Service along with the immigrant visa petition (Form I-140), a notice of posting and a prevailing wage determination. Schedule A is for nurses, physical therapists, etc. A PERM labor certification can also be filed with the Department of Labor under the college professor category. This requires that an advertisement be placed within 18 months of filing the petition, that the selection of the candidate have occurred after the advertisement and that there was a notice of posting and a prevailing wage determination. The other great advantage to this category, besides the fact that only one form of recruitment must be made, is that it is far easier to disqualify US workers. For the college professor labor certification, it must be demonstrated that the alien is more qualified than any of the US workers who apply for the job. In contrast, for a standard PERM labor certification, if any candidates apply that are minimally qualified for the position, then the labor certification will not prevail.

Minimally qualified, able, available and willing. Even if the applicant does not meet the minimum requirements listed, if the employer can train the applicant within a reasonable period of on-the-job training, that applicant is still considered minimally qualified, and the labor certification fails.

There are two ways that an alien may extend her H-1B status beyond the six-year limit: A labor certification was filed for the alien more than 365 days before the alien reached the six-year limit; and There is an approved Form I-140 immigrant visa petition on behalf of the alien and there is no immigrant visa number availability for the alien to apply for legal permanent residency. The labor certification-based extension is granted in one-year increments. However, the I-140-based extension is granted in three-year increments. Both may be requested indefinitely until the alien can apply to adjust status to legal permanent residency.

The spouse of the primary applicant may file an application to adjust status provided the marriage occurred before the primary applicant obtained legal permanent residency. The same applies for the consular process abroad. In the latter situation, the primary applicant would file the Form I-824 to notify the US consulate abroad that the derivative family member will be following-to-join.