EMPLOYMENT-BASED IMMIGRATION

I.         Scope of Article

II.       First Preference: Priority Workers

III.     Second Preference: Workers who are members of the professions holding advanced degrees or of except ability in the sciences , arts or business

IV.     Third Preference: Skilled workers, professionals and other workers

V.       Other Issues

VI.     Conclusion

I. SCOPE OF ARTICLE

The Immigration and Nationality Act of 1952 (hereinafter INA) provides for several employment-based immigrant visa classifications, all of which have built-in protections for the U .S. labor market. Indeed, employment-based immigration generally requires either a strong showing that the foreign worker is one of the best in the field or that there are no qualified U .S. workers available to fill the position.

This article addresses the first three categories of employment-based immigration and details the statutory and regulatory requirements for each classification. The employment-based immigration categories are commonly referred to as EB-1, EB-2, and EB-3, as follows:
First Preference (EB-1 priority workers); Second Preference (EB-2 workers with advanced degrees or exceptional ability); and Third Preference (EB-3 professionals, skilled workers, and other workers).

The law allocates 120,000 visas per year in these categories in total. Until recently, the EB-1 and EB-2 categories rarely reached the statutory cap. And, with certain exceptions, the EB-3 category generally remains available. However, for natives of lndia and China, the EB-2 and EB-3 categories are seriously oversubscribed at present, and even the EB-1 category is oversubscribed for individuals from China. Consequently, it has become more challenging to maintain these individuals' nonimmigrant visa status while pursuing employment-based immigrant visa status until they can make the final application for permanent residence.

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II. FIRST PREFERENCE: PRIORITY WORKERS

A. Statutory: Categories

INA § 203(b)(1)2 allocates 28.6 percent of the total number of employment-based immigrant visas per year to priority workers in three subcategories, which together comprise the EB-1 classification:

I. Workers of extraordinary ability;
2. Outstanding professors and researchers; and
3. Multinational executives and managers.
There is no allocation of the available visas among the subcategories of priority workers.

When evaluating whether a worker qualifies for any first preference category, the practitioner should also consider:
I. The EB-2 category -Exceptional ability in the sciences, arts or business under INA § 203(b)(2), 8 USC § 1153(b)(2); and
2. Workers of exceptional ability in the sciences or arts under Schedule A, Group II, codified at INA § 212(a)(5)(A)(ii)(II), 8USC § 1182(a)(5)(A).
These alternatives are discussed briefly in this article and in more detail elsewhere in this Volume.
 

B. Regulations
The regulations for priority workers enumerate the criteria for each of the three categories. The first category, workers of extraordinary ability; the second category, outstanding professors and researchers; and the third category , multinational managers and executives are each discussed in more detail below.

C. Aliens of Extraordinary Ability
Workers of extraordinary ability are defined by statute as those who can show that they have "extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation."11 The regulations follow legislative history by defining extraordinary ability as a level of expertise indicating that the individual is one of "that small percentage who have risen to the very top of the field of endeavor." In other words, the worker should be the cream of the crop.
I. Basic Requirements

a. No Job Offer or Labor Certification Required

(1) One of the main advantages of classifying an individual as an EB-l worker of extraordinary ability is that neither a job offer nor a labor certification is required. Although an employer can petition for an EB-l worker of extraordinary ability , the foreign national can petition for himself or herself (self-petition) without an employer.
(2) Whether the petitioner is an employer or the foreign national, the petition must include evidence that the individual will continue to work in the United States in the area of expertise. Such evidence includes:

(a) Letters from prospective employers:
(b) Evidence of prearranged commitments for employment; or
(c) A description of how he or she will continue to work in the field in the United
States.
b. Criteria for Qualifying for EB-I Extraordinary Ability Status
Receipt of a major, internationally recognized award, on its own, can qualify an individual for EB-I classification. An example of such an award is the Nobel Prize. Other awards, not as notable, might also qualify, but the practitioner will have to document that the particular award rises to the level of a Nobel Prize or awards of a similar nature.
Most foreign nationals will not be Nobel Prize recipients. Fortunately, the regulations provide for alternative evidence if the worker has not received a single internationally-recognized award. To satisfy the alternative requirement, the petition must include evidence that the individual satisfies at least three of the following criteria:
(I) receipt of lesser nationally or internationally recognized prizes or awards for excellence;
(2) membership in associations in the field that demand outstanding achievement of their members;
(3) published material about the alien;
(4) evidence that the alien is a judge of the work of others in the field;
(5) evidence of the alien's original contributions of major significance to the field;
(6) authorship of scholarly articles;
(7) display of the alien's work at artistic exhibitions or showcases;
(8) evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
(9) evidence that the alien commands high remuneration in relation to others in the field; or
(10) evidence of commercial success in the performing arts.
If the above criteria do not apply, the regulations also allow for "other comparable evidence."

In practice, the EB-1 extraordinary ability category seems easier to satisfy than Schedule A, Group II. First, the EB-1 category completely sidesteps the job offer and the need for an employer petitioner. Schedule A, Group II, however, requires an employer and a firm job offer. Second, EB- 1 extraordinary ability may be established by satisfying three of ten criteria. The extraordinary ability criteria also recognize national or international acclaim or achievement. Schedule A, Group II, on the other hand, emphasizes international acclaim and requires that the petitioner satisfy two of only seven criteria. In addition, Schedule A, Group II classification requires separate and independent evidence of exceptional ability through documentation of current widespread acclaim and international recognition by other experts. The practitioner should consider both classifications, however, because both remain available. In its final permanent labor certification rule, the Department of Labor retained Schedule A, Group II because it was persuaded that some foreign nationals who qualify in this group might not qualify for priority worker status as individuals of extraordinary ability .

The statute also requires a showing that the EB-1 extraordinary ability worker will "substantially benefit prospectively the United States." However, INS has opined that, as a general rule, satisfying at least three of the stringent regulatory criteria constitutes evidence that the worker will benefit the United States.
In addition, an opinion issued by the INS General Counsel imposes limitations on the scope of the extraordinary ability category .According to the opinion, "professionals" do not qualify for EB-1 extraordinary ability status unless the profession in which they are engaged can be categorized as in the arts, sciences, business, education, or athletics.

2. Procedures
INS Form 1-140, Petition for Alien Worker, is required. It may be filed by the foreign national as a self-petitioner or by an employer. In either case, like all other I -140 petitions, the EB-1 petition must be filed at the INS Service Center that has jurisdiction over the place where the individual will work.23 The petition packet must include the 1-140 and the required documentary evidence. Each Service Center publishes specific filing guidelines. The practitioner should obtain and carefully follow those guidelines.

D. Outstanding Professors and Researchers
The second subcategory of priority workers is outstanding professors and researchers. These workers are professors and researchers who are internationally recognized for their outstanding achievements.

I. Basic Requirements
To qualify as an outstanding professor or researcher, the foreign national must:

a. be internationally recognized as outstanding in a specific academic field;
b. have a minimum of three years of experience in teaching and/or research in that field; and
c. enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education, or in a comparable research position with a private employer under certain circumstances
 

Research positions must be "permanent." A "permanent" position is defined at 8 CFR § 204.5(i)(2) as "tenured, tenure-track, or for a term of indefinite or unlimited duration" with the expectation of continued employment, unless there is good cause for termination. Thus, an offer of employment that is of indefinite duration, but terminable at will, likely satisfies the requirement of "permanent" employment.
 

The employer need not be a university or educational institution. The employer can be a private company, but it must employ at least three full-time researchers. The private employer also must have documented accomplishments in the academic field for which the position is offered.
Although one would normally expect outstanding researchers and professors to have Ph.D. degrees, neither the statute nor regulations requires possession of a doctorate. Furthermore, a foreign national who qualifies as an outstanding professor can be offered a position as a researcher, and vice versa.
 

2. Three Years Experience
The outstanding professor or researcher must have at least three years of experience. However, the requisite three years can include pre-degree research experience gained while working on the advanced degree, so long as the foreign national completed the degree and the pre-degree research experience is recognized as outstanding. In addition, pre-degree teaching experience is acceptable if the individual had full responsibility for the course. Nothing in the statute or regulations precludes reliance on experience gained with the petitioning employer. Additionally, any combination of teaching or research totaling three years will serve to meet the experience requirement.
 

3. Standards
The outstanding professor or researcher must satisfy at least two of the following criteria:

a. receipt of major prizes or awards;
b. membership in associations that require outstanding achievements;
c. published material in professional journals written by others about the
alien's work;
d. participation as a judge of the work of others in the same or an allied field;
e. original scientific or scholarly research contributions to the field; or
f. authorship of scholarly books or articles in scholarly journals with international circulation in the field.
 

4. Procedures
INS Form I -140, Immigrant Petition for Alien Worker, must be filed with the INS Service Center having jurisdiction over the place of employment. However, unlike the EB-1 worker of extraordinary ability ,the outstanding professor or researcher cannot petition for himself or herself. The employer must file the petition.

E. Certain Multinational Executives and Managers
The third subcategory of the EB-1 classification is reserved for executives and managers of foreign companies who are transferred to the United States.

1. Basic Requirements
The requirements for this classification closely track those for L-1A intracompany transferees. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U .S. in a managerial or executive capacity for at least one of the three years immediately preceding the filing of the petition, or, in the case of a foreign worker presently in the U.S., one of the three years preceding entry to the U.S. as a nonimmigrant. The regulations (but not the statute) require the past employment to have been outside the U.S. and in a managerial or executive capacity. The past employment must have been with the same employer, an affiliate, or a subsidiary of the employer. The foreign worker must be coming to work in an executive or managerial capacity .

2. The Necessary Multinational Relationship
The petitioner must be a U .S. employer that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. The U.S. petitioner must have been doing business for at least one year.

The definitions of affiliate and subsidiary in the regulations are comparable to those found in the L-l intracompany transferee regulations. An "affiliate" is defined as one of two subsidiaries that are owned or controlled by the same parent or individual or by a group of individuals, so long as each individual owns and controls approximately the same share or percentage of each entity. The term "affiliate" also includes certain international accounting firms that market accounting services under an internationally recognized name. Subsidiaries include direct or indirect ownership of at least half of another entity , ownership of 50 percent of a 50- 50 joint venture with equal control and veto power, or ownership of less than 50 percent of an entity with de facto control.
 

3. Managerial or Executive Capacity
The beneficiary must be coming to the United States to work in a managerial or executive capacity .The definitions of "manager" and "executive" are critical in formulating a case.

a. "Managerial capacity" is an assignment in which the employee primarily:
(1) manages the organization or a department, subdivision, function or component of the organization;
(2) supervises and controls the work of other supervisory , professional or managerial employees or manages an essential function within the organization, or a department or subdivision of the organization;
(3) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
(4) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority .
Note that a managerial position does not necessarily require management of staff. Management of a function can be sufficient, but it is generally more difficult to make the case for a functional manager .
b. "Executive capacity" means an assignment within an organization in which the employee primarily:
(1) directs the management of the organization or a major component or function of the organization;
(2) establishes the goals and policies of the organization, component, or function;
(3) exercises wide latitude in discretionary decision making; and
(4) receives only general supervision or direction from high- level executives, the board of directors, or stockholders of the organization.
c. INS Form 1-140, Immigrant Petition for Alien Worker, is filed with the INS service center having jurisdiction over the place of employment. The petition must be filed by the employer .
 

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III. SECOND PREFERENCE: WORKERS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR OF EXCEPT ABILITY IN THE SCIENCES. ARTS OR BUSINESS

A. Statutory Categories
By statute, 28.6 percent (approximately 40,000) of the total number of employment- based immigrant visas per year are allocated to second preference workers. There are two subcategories of the second preference, which together comprise the EB-2 classification:

I. Workers who are "members of the professions holding advanced degrees or their equivalent," and
2. Workers "who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States."
The INS General Counsel issued an opinion in January 1995 stating that the EB-2 classification includes athletics. There is no allocation of the available visas according to subcategory .

B. Regulations
The regulations for second preference workers are found at 8 CFR § 204.5(k).

C. Basic Requirements
I. Members of the Professions Holding Advanced Degrees

Any U .S. employer can file a petition in this category when the job requires an advanced degree and the alien possesses such a degree. An advanced degree is defined as any degree beyond the baccalaureate. Professions include, but are not limited to, the occupations listed in INA § 101 (a)(32), as well as any occupation for which a U .S. baccalaureate degree or foreign degree equivalent is the minimum requirement for entry into the occupation.

The regulations do not specify that the degree must be at least a master's degree, and some foreign degrees are evaluated as beyond a bachelor's but short of a master's degree in the United States. However, since the position must require an advanced degree, and there is no commonly recognized U.S. degree between a bachelor's and a master's, it is likely that the threshold educational requirement will, as a practical matter, be a master's degree.

As an alternative to the master's degree requirement, a baccalaureate degree plus five years of progressive experience can serve as the equivalent of a master's degree. However, experience may not substitute for a bachelor's degree.
 

2. Workers of Exceptional Ability
The use of the word "exceptional" in various contexts in the immigration law has caused confusion. For the purpose of showing eligibility for EB-2 classification as a worker of exceptional ability in the sciences, arts (including athletics) or business, the individual must have a degree of expertise significantly above the ordinary , This is established by satisfying at least three of the following six criteria:

a. An official academic record showing a degree, diploma, certificate or similar award from a college, university , school or other institution of learning relating to the area of exceptional ability;
b, At least ten years of full-time experience in the occupation documented by letters from current or past employers;
c. A license to practice the profession or certification for the particular profession or occupation;
d. Evidence that the alien has commanded a salary or other remuneration for services demonstrating exceptional ability;
e. Membership in professional associations (there is no requirement that the professional associations require outstanding achievement for admission); or
f. Recognition for achievements and significant contributions to the industry or field by peers, governmental entities or professional or business organizations.
Other comparable evidence is also acceptable.
These standards are clearly distinguishable from, and easier to satisfy than, the standards for pre-certification under Schedule A, Group II (discussed below),
 

3. Procedures
The petitioner must file INS Form 1-140, Petition for Alien Worker, for an E8-2 worker at the INS Service Center having jurisdiction over the place of employment. As a general rule, the petition must include an individual labor certification from the DOL, with evidence that the individual meets the requirements for the job set forth in the labor certification. Alternatively, for Schedule A, Group I (physical therapists and nurses) or Group II (aliens of exceptional ability) designation, the petition must include a fully executed, uncertified Form ETA 750, in duplicate, with supporting evidence.

There are, however, two exceptions to the labor certification requirement. If the foreign national will serve the "national interest," labor certification may be waived. To apply for the exemption, the petitioner must submit the 1-140, along with a Form ETA 7508, Statement of Qualifications of Alien, in duplicate, and evidence to support the claim that such exemption would be in the national interest The "national interest" waiver is discussed below.

The second exception to the labor certification requirement is for worker: under Schedule A found at 20 CFR § 656.22. There is no specific preference category for Schedule A, Group II (aliens of exceptional ability), and no specific ho: to check on the 1-140 petition. Clearly, one may check the box for alien o exceptional ability , or the box for skilled worker. In either case, one should clarify in parentheses that the case is being filed under Schedule A, Group II.

D. Labor Certification or Schedule A Aoolication .
As a general rule, E8-2 petitions must be accompanied by an approved individual labor certification. Exceptions to the labor certification requirement (referred to 2 "pre-certification") are available for positions under Schedule A, Group I (for physic; therapists and nurses with advanced degrees i/those positions require advanced degrees) an Group II (aliens of exceptional ability in the sciences or arts).
To qualify for Schedule A, Group II, an individual must submit: 1) evidence testifying to his or her current widespread acclaim and international recognition; 2) documentation showing that his or her work during the past year required, and his or her intended work will require, exceptional ability; and 3) evidence from at least two of the following seven categories:

I. Receipt of international prizes or awards for excellence in the field;
2. Membership in international organizations that require outstanding achievement of their members;
3. Published material about the alien relating to the alien' s work in professional publications;
4. Evidence of the alien' s participation as a judge of the work of others in the same or an allied field;
5. Original scientific or scholarly research contributions of major significance in the field;
6. Authorship of scientific or scholarly articles in the field in professional journals with international circulation; or
7. Display of the alien's work at artistic exhibitions in more than one country.

E. National Interest Exemption from Job Offer and Labor Certification
EB-2 petitioners can seek an exemption from the requirement of a job offer- and thus labor certification -by demonstrating that admission of the beneficiary is in the national interest. The "national interest" test is not defined in the statute or regulations but requires a showing "significantly above that for prospective national benefit." Unfortunately, the statute and the regulations also fail to define "prospective national benefit." However, the exemption "in the national interest" was addressed in a non-precedent decision of the Administrative Appeals Office (hereinafter AAO), popularly referred to as Matter of Mississippi Phosphate. This case listed seven factors to consider in applying the national interest test:

I. Improving the U.S. economy;
2. Improving wages and working conditions of U.S. workers;
3. Improving education and training programs for U.S. children and
underqualified workers;
4. Improving health care;
5. Providing more affordable housing for young and/or older, poorer U.S.
residents;
6. Improving the U .S. environment and making more productive use of natural resources; or
7. A request from an interested U.S. government agency.

This list is by no means exhaustive. The national interest waiver has applied to a variety of fields and positions.
To obtain a national interest waiver, the petitioner must file a Form 1-140, with a Form ETA 750B (in duplicate), at the INS Service Center having jurisdiction over the place where the foreign national will work. The petition must include evidence that the individual satisfies the advanced degree or exceptional ability requirements, works in a field that is of national interest, and has the ability to impact our national interest in that field.

It is important to note that for a national interest waiver, the foreign national can petition without an employer. In the alternative, the employer can petition on behalf of the foreign national, but an employer petitioner is not required.
 

Note that a 1994 AAO decision states that in the case of a national interest waiver for a worker with an advanced degree, the position need not require an advanced degree. The only requirement is that the alien hold the advanced degree.
 

In a recent precedent decision, In re New York State Dep't of Transportation (hereinafter NYSDOT), the INS established a new three-part test for determining national interest waiver eligibility:

I. The beneficiary must be seeking to work in an area of "substantial intrinsic
merit" " ,
2. The beneficiary's prospective employment must have a benefit that "will be national in scope;" and
3. The beneficiary will "serve the national interest to a substantially greater degree than would an available U .S. worker having the same minimum qualifications."
The AAO's decision clearly raises the standard for adjudication of national interest waiver petitions.

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IV. THIRD PREFERENCE: SKILLED WORKERS, PROFESSIONALS AND OTHER WORKERS

A. Statutory Definition
By statute, 28.6 percent of the total number of employment-based immigrant visas per year are allocated to third preference workers in three subcategories:
 

I. Skilled workers (at least two years of experience required)
2. Professionals (baccalaureate degree required for position and alien)
3. Other workers (less than two years experience required for position).

For purposes of determining availability of visas, there is no allocation between professionals and skilled workers. Visas are currently available in most employment- sponsored categories, but from time to time certain countries experience a backlog, as is currently the case with India and China.

A substantial backlog exists, though, for visas in the "other workers" category Thus, the distinction between "professionals" and "skilled workers," on the one hand, and "other workers," on the other, plays an extremely important role. As a practical matter, the practitioner should seriously consider other visa alternatives before seeking classification as an EB-3 "other worker."

B. Regulations
The regulations for EB-3 workers are found at 8 CFR § 204.5(1).

C. Skilled Workers

Skilled workers are those in positions that require a minimum of two years of training or experience. Relevant post-secondary education counts as training. The requirements of the job offer as stated on the Form ET A- 750A labor certification application determine whether a job is skilled or unskilled. In drafting labor certifications, the employer should determine whether the job matches a position in the Dictionary of Occupational Titles with a Specific Vocational Preparation code of at least six (one to two years experience required) so the position will be classified as a skilled one. If the position is pre-certified under Schedule A, the petitioner must show, by either industry standards or its own past practice, that the job requires two years of experience.

D. Professionals
Professionals must possess a baccalaureate degree or foreign degree equivalent, and the petitioner must demonstrate that such a degree is the normal requirement for entry into the occupation. There is no provision for equivalency based upon a combination of education and experience. Thus, if the ETA 750A form specifies "Bachelor's or equivalent," a foreign national will not qualify for EB-3 classification as a professional if he or she lacks a bachelor's or foreign equivalent degree. However, any foreign national who would claim such equivalency is likely to have at least two years of training or experience and thus qualify as a skilled worker.

E. Other Workers
Other workers include those unlucky enough to be in positions requiring less than two years of higher education, training, or experience. The current backlog for this category is lengthy, approximately ten years, but because advancement fluctuates, the wait could be even longer. Whether the backlog increases or decreases, though, it is still a matter of several years of waiting to obtain a visa in this category , unless Congress allocates more visa numbers. If an employer has already obtained labor certification for an employee in a position requiring less than two years of experience, the practitioner should determine if another labor certification could be filed for a new position requiring two years of training or experience.

F. Procedures
INS Form 1-140, Petition for Alien Worker, must be filed with the INS Service Center having jurisdiction over the place of employment. A labor certification or Schedule A application, as well as a permanent, full-time job offer, is required for all 1-140 petitions requesting EB-3 classification. There are no exceptions. The petition should also include evidence that the individual meets the requirements for the job set forth in the labor certification.

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V. OTHER ISSUES

A. Filing Petitions in More Than One Category

In the past, most categories in the employment-based system, except "other workers," have remained current. However, as of May 1999, a backlog exists for China in the first, second and third preferences and for India in the second and third preferences.

There have been times in the past when visas have been available for natives of India, for example, under the third preference, but not under the second preference. In such an instance, a third preference visa petition can be submitted for "second preference" Indians to take advantage of the fact that visas are currently available under the third preference, a category for which they also qualify .
 

Sometimes, a client might wish to file two petitions, for example, as an EB-1 worker of extraordinary ability , and as an EB-2 worker who will serve the national interest. This is also acceptable and allows the client a better chance of approval and more rapid visa availability .
 

When a second petition requiring a labor certification is subsequently filed, the attorney should file the I -140 petition with proper fee and supporting documents, including an attorney-certified photocopy of the labor certification and, if applicable, an explanation that the original labor certification was included with a previously filed I -140 Petition. The INS should be provided with the prior petition's file number .
 

B. Priority Date
If an individual labor certification is required, the priority date is the date the request for labor certification is accepted for processing at the local office of the employment service agency. Otherwise, the priority date is the date the petition is properly filed with the INS.

C. Ability to Pay Wage
Any petition filed by a U.S. employer must include evidence that the employer has been able to pay the wage as of the alien's priority date. This evidence may consist of the employer's annual report, federal income tax return, or audited financial statements. If the petitioner has more than 100 employees, a statement from the organization's financial officer will suffice.

This requirement can cause difficulty in startup companies that show substantial growth between the time of filing and the completion of the process. The regulations permit some flexibility because they allow petitioners to submit additional evidence such as profit/loss statements, bank account records, or personnel records. The petitioner should be prepared to submit evidence of ability to pay the salary as of the date the labor certification was filed as well as the date of filing Form 1-140.
 

Significantly, the AA O has broadened its view of the "ability to pay" by holding that as long as the employer is actually paying the proffered wage when the priority date is established, the case should not be denied for lack of financial ability to pay the proffered wage. Thus, where the foreign worker has been employed by the employer, copies of payroll checks, W-2 forms, and/or the beneficiary's tax returns substantiating that the foreign worker has actually been paid the proffered wage, should evidence the employer's ability to pay such wage. Beware: If the foreign worker has been employed without authorization, this might expose the employer to an I -9 employment eligibility investigation.

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VI. CONCLUSION

The first three preferences provide a wide range of employment-based immigration alternatives. To qualify for one of these classifications, a foreign national must be one of the very best in his or her field, a high-ranking worker of a multinational company, or a worker who can make a contribution in the national interest. If that is not the case, the employer must demonstrate there are no qualified U.S. workers available and, therefore, the services of the foreign worker are necessary.

Thus, foreign nationals who qualify for EB-l, EB-2, or EB-3 classification are not taking something away from Americans. They are using their special skills and brain power to contribute to the U.S. economy.

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