Permanent Residency (PR)

Employment-Based Immigration: First Preference EB-1

• Extraordinary Ability: You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.
• Outstanding professors and researchers: You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.  You must meet at least 2 of the 6 criteria listed below** and provide an offer of employment from the prospective U.S. employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.
• Certain Multinational manager or executive: You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.  Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. No labor certification is required.

* Criteria for Demonstrating Extraordinary Ability

In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
• Evidence of your membership in associations in the field which demand outstanding achievement of their members.
• Evidence of published material about you in professional or major trade publications or other major media.
• Evidence that you have been asked to judge the work of others, either individually or on a panel.
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
• Evidence that your work has been displayed at artistic exhibitions or showcases.
• Evidence of your performance of a leading or critical role in distinguished organizations.
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
• Evidence of your commercial successes in the performing arts.

For more information on Extraordinary Ability, read Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.

** Examples of Documentary Evidence That a Person is an Outstanding Professor or Researcher

In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Evidence of published material in professional publications written by others about the alien's work in the academic field
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

For more information on Outstanding Professors and Researchers, read  Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.

For more information on Multinational Executives or Managers, read  Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.

Application Process

• Extraordinary Ability: You may apply for yourself by filing a Form I-140, Petition for Alien Worker.
• Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
• Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
• For more information on filing fees, see File My Application Online

Family of EB-1 Visa Holders

• If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.

Employment-Based Immigration: Second Preference EB-2

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability.

Eligibility Criteria:

• Advanced Degree Professional: You must be a member of the professions holding an advanced degree. The labor certification (or application for Schedule A designation) must require, and you must possess, an advanced degree. An advanced degree is any United States academic or professional degree or a foreign equivalent degree above that of bachelor’s. A U.S. bachelor’s degree (or a foreign equivalent degree) followed by at least five years of progressive experience in the specialty is considered the equivalent of a master's degree. The offered position must be a professional occupation, defined as one of the occupations listed at INA 101(a)(32) or one that requires the minimum of a bachelor’s degree or foreign equivalent degree for entry into the occupation. Finally, you must also meet any job requirements specified on the labor certification as of the priority date. Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. bachelor’s degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-bachelor’s work experience in the specialty. If a doctoral degree is customarily required, you must provide an official academic record showing that you have a U.S. doctorate or foreign equivalent degree.
• Exceptional Ability: You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable. You must provide documentation establishing that you meet at least 3 of the criteria below.*

* Criteria for Exceptional Ability (must meet at least 3)

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.

There are exceptions to the labor certification requirement for second preference petitions:

• Application for Schedule A Designation: Petitions for Schedule A occupations are not required to obtain a DOL-approved labor certification. Instead, the petition must be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089 (application for Schedule A designation). For more information on Schedule A, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
• National Interest Waiver: Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below. Those seeking a national interest waiver may self-petition (you do not need an employer to sponsor you) and you do not need to obtain a labor certification from the DOL. Instead, the petition must be accompanied by a completed Form ETA-9089, Appendix A and a signed Form ETA-9089, Final Determination.

Immigrant Petition Process

Second preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. A U.S. employer must file a Form I-140, Immigrant Petition for Alien Workers, on your behalf, except for petitions based on a national interest waiver, where you may file a Form I-140 on your own behalf. For information on required supporting documentation and filing fees, see the Form I-140 webpage (which includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.

Family of EB-2 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

For more information see: National Interest Waiver Filing Tips

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

• Skilled workers are persons who are capable of performing skilled labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers must also meet any educational, training, or experience requirements of the job opportunity.  Relevant post-secondary education may be considered as training.
• Professionals are persons who hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their jobs require a minimum of a bachelor’s degree. Professionals must also meet any educational, training, or experience requirements of the job opportunity.
• Other workers (also called unskilled workers) are persons capable of performing unskilled labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers must also meet any educational, training, or experience requirements of the job opportunity.

Eligibility Criteria:

• Skilled Workers: You must demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A designation). This evidence may include official academic records and letters from current or former employers. Relevant post-secondary education may be considered as training. Labor certification (or application for Schedule A designation) and a permanent, full-time job offer from a U.S. employer required.
• Professionals: You must demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A designation). This evidence may include official academic records and letters from current or former employers. Education and experience may not be substituted for a bachelor’s degree. Labor certification (or application for Schedule A designation) and a permanent, full-time job offer from a U.S. employer required. 
• Unskilled Workers (Other Workers): The labor certification must require less than 2 years training or experience. You must demonstrate that you have met any requirements specified on the labor certification. Labor certification and a permanent, full-time job offer from a U.S. employer required.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing fees, see the Form I-140 webpage (which includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.

Family Members

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply with or after you for admission to the United States as lawful permanent residents based on your approval.

Employment-Based Immigration: Fourth Preference EB-4