Is it still possible to try to get a permanent residency through under the category of "extraordinary ability". I thought I read somewhere that this category had been deleted. I have a faculty member that was hired one year ago. We put him on an H-1 and now he wants a permanent residency. The problem is he was not hired on a search, but hired under the under-represented faculty initiative program. What do you suggest?

The "extraordinary ability" subgroup under the employment-based first preference is still available. Please refer to my article on this subgroup, which appears elsewhere in the U.S. immigration handbook, to determine whether or not it applies to the alien.

If the alien is a professor or researcher, you may also wish to consider the "outstanding professor and researcher" subgroup which is also available under the employment-based first preference. Please refer to my article on the subject, which appears in the U.S. Immigration Handbook, to determine whether or not it applies to the alien.

If the alien does not qualify under the employment-based first preference, he or she will probably fall under the employment-based second preference as a professional having an advanced degree. A labor certification is necessary for the second preference although both the job offer and labor certification may be waived if a national interest waiver can be obtained. Please refer to my new article on national interest waivers which appears in the U.S. Immigration Handbook.

The issue of whether or not you performed any recruitment prior to hiring this individual is only relevant if you require a labor certification and wish to request a reduction in the recruitment requirement. If the alien qualifies under the first employment-based preference or under the second employment based preference (and obtains either a national interest waiver or a Schedule A, Group II precertification), no labor certification will be necessary. The fact that the alien was not hired as a result of a recruitment campaign should not otherwise affect his chances for permanent residence.