| 1. | How is "Manager" defined under the USCIS regulations? |
| A "manager" manages the organization, or department, subdivision, function, or component of the organization. The management of employees is not essential to qualify for classification in this category. The alien may supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization. If he/she directly supervises other employees, the alien must have the authority to hire and fire, or to recommend other personnel actions such as promotions, or leave authorization. If the alien does not directly supervise other employees, then he/she must perform at a senior level within the organization, or with respect to the function managed, exercising discretion and direction over the day-to-day operations of his/her assigned activities. A first line supervisor cannot be considered a manager unless the employees he/she supervises are professionals.
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| 2. | Is a job offer a necessary prerequisite to filing an Extraordinary Ability Alien petition? |
| Although a job offer is necessary for O-1 visas, no job offer is required at the time of filing the I-140 petition.
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| 3. | Is a job offer required for an Outstanding Professor or Researcher petition? |
| A job offer is required. The job offer must be permanent in nature, which means that it must be either tenured, tenured-track, or for an indefinite or unlimited duration in which the employee would ordinarily have an expectation of continued employment, unless there was good cause for the termination of his/her employment. The job offer is simply submitted in the form of a letter from the United States employer, and must include the name, title, and address of the writer, and a specific description of the job duties.
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| 4. | Is a Labor Certification required for Extraordinary Ability Alien petitions? |
| Individuals who qualify for Extraordinary Alien petitions are Labor Certification exempt.
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| 5. | Is a Labor Certification required for Multinational Executive or Manager petitions? |
| No Labor Certification is required, however the United States employer must furnish a job offer letter which indicates that the alien will be employed in an executive or managerial capacity, and clearly describes the duties to be performed by the alien.
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| 6. | Is a Labor Certification required for Outstanding Professor or Researcher petition? |
| Although a job offer is required in this category, obtaining an approved Labor Certification application is not required.
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| 7. | What additional evidence or documentation is required for Multinational Executive or Manager petitions? |
| The only evidence initially required to be submitted with the petition is a financial statement and letter from an authorized official of the United States employer which demonstrates that the United States employer has been doing business for a least one year. The United States employer must be the same employer, or a subsidiary, or affiliate of the firm, or corporation by which the alien was employed overseas in a managerial or executive capacity for at least one year in the previous three years immediately preceding the filing of the petition.
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| 8. | What are the five employment based preference categories? |
| Under the Immigration and Nationality Act, there are five preference categories for purposes of Employment Based Immigration: Employment Based First Preference (EB1) cases include Extraordinary Ability Aliens, Outstanding Professors or Researchers and Multinational Executives or Managers. Employment Based Second Preference (EB2) cases include members of the professions who possess an advanced degree or its equivalent, individuals whose accomplishments and their continued work in the United States is deemed to be in the "national interest, and exceptional ability aliens in the sciences, arts, or business, who will benefit the national economy, cultural or educational interests of the United States and whose services are sought by an employer in the United States Employment Based Third Preference (EB3) cases include skilled workers, professionals, and other essential workers. A skilled worker is a person capable of performing a job that requires at least two years of training or experience, for which qualified workers are not available in the United States. A professional is an individual who possesses a Bachelors degree and holds a position that requires at minimum attainment of a Bachelors degree. Finally, "other workers" are those who are considered unskilled labor, not of a temporary or seasonal nature, in positions for which qualified workers are not available in the United States. Employment Based Fourth Preference (EB4) cases include religious ministers, certain long-time employees of the United States government (or of certain international organizations) employed abroad, some physicians who have resided in the United States for a number of years, and court dependants. Employment Based Fifth Preference (EB5) comprises those who invest at least $1 million in a new enterprise and that employs 10 United States workers, or $500,000 if the investment is in certain rural areas or an area of high unemployment of at least 150% of the national average.
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| 9. | What are the qualifications for a Multinational Executive or Manager petition? |
| The United States entity which is part of a multinational business, may file I-140 Petitions on behalf of alien employees who qualify as executives or managers. If the alien is outside the United States, he/she must have been employed outside the United States for at least one year in the past three years in a managerial or executive capacity by a firm or corporation or other legal entity, or by its affiliate or subsidiary. If the alien is already in the United States working for the same employer, or a subsidiary, or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad, he/she must have been employed by the entity abroad in a managerial or executive capacity for at least one year in the three years preceding his/her entry as a nonimmigrant.
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| 10. | What are the qualifications for an Extraordinary Ability Alien petition? |
| Any person (including the alien him/herself) may file an I-140 Petition on behalf of an alien who has extraordinary ability in the sciences, arts, education, business, or athletics. This category is reserved for a very small percentage of individuals who have risen to the top of their field of endeavor. Their abilities must have been demonstrated by sustained national or international acclaim in their field and they must be coming to the U.S. to work in their field of recognized acclaim.
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| 11. | What are the qualifications for an Outstanding Professor or Researcher petition? |
| An I-140 petition may be filed by United States employers who intend to employ an alien professor or researcher who is outstanding in an academic field. The employer must generally be either (1) a United States university or institution of higher learning offering the alien a tenured or tenured-tack teaching position in the alien's academic field, or (2) a United States university or institute of higher learning offering the alien a permanent research position in the alien's academic field.
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| 12. | What documentation or evidence is required for Extraordinary Ability Alien petitions? |
| Documentary evidence that must be filed in support of the petition must include either evidence of a one-time, major, internationally recognized award such as a Nobel Peace Prize, or Academy Award, or at least three of the following: Documentation that the alien has received lesser nationally or internationally recognized prizes or awards for excellence in his/her field of endeavor; evidence of the alien's membership in associations in the field for which the classification is sought which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines of fields; published material about the alien in professional or major trade publications or other major media relating to the aliens work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; Evidence of the alien's participation, either individually or on a panel, as a judge of the work of other in the same or an allied field for which classification is sought; Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field; Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media; Evidence of the display of the alien's work in the field at artistic exhibition or showcases; Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation; Evidence that the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field; or Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disk, or video sales. If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence to establish the alien's eligibility for permanent residence.
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| 13. | What evidence or documentation is required for a National Interest Waiver? |
| To qualify for the exemption from a firm job offer, the petitioner must submit Form ETA 750B, "Statement of Qualifications of Alien", in duplicate along with the I-140 Petition, and evidence to support that the exemption is in the national interest. In a recent decision of the Administrative Appeals Office of the United States Citizenship and Immigration Services (In Re: New York State Department of Transportation, Int. Dec. 3363), a three-prong test was established: (1) The person must seek employment in an area of substantial intrinsic merit; (2) the person must demonstrate that the proposed benefit will be national in scope; and, (3) the person must further demonstrate persuasively that the national interest would be adversely affected if a Labor Certification was required for the beneficiary (i.e., that the national benefit offered outweighs the inherent national interest in the Labor Certification process).
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| 14. | What evidence or documentation is required for an Advanced Degree professional? |
| An advanced degree is any United States academic or professional degree above that of baccalaureate, or a foreign equivalent degree. An alien may also qualify for classification under this category if he/she holds a baccalaureate degree, and additionally has five years of progressive experience in the profession. The documentation required to be submitted with the petition includes the official academic record of the alien showing that he/she has been awarded an advanced degree or the foreign equivalent, or an official academic record showing that the alien has baccalaureate degree or a foreign equivalent and letters from current or former employers documenting that he/she has at least five years of progressive experience in the specialty.
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| 15. | What evidence or documentation is required for an Exceptional Ability petition? |
| United States employers may also file petitions on behalf of aliens who claim exceptional ability in the sciences, the arts, or business. Exceptional ability is defined by the USCIS as a degree of expertise significantly above that which is ordinarily encountered in the sciences, arts, or business. To prove this level of expertise, the petition must be accompanied by at least three of the following: An official academic record showing that the alien has a degree, diploma, certificate, or similar award from college, university, school, or other institute of learning relating to the area of exceptional ability; Evidence in the form of letter(s) from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he/she is being sought; A license to practice the profession or certification for a particular profession or occupation; Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability; Evidence of membership in professional associations; or Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations. If the above standards do not readily apply to the alien's specialty, the United States employer may submit comparable evidence to establish that the alien is eligible for permanent residence under this classification.
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| 16. | What evidence or documentation is required for Outstanding Professor or Researcher petitions? |
| The evidence that must be submitted with the I-140 petition must clearly document that the professor or researcher is recognized internationally as outstanding in his/her academic field. The evidence must consist of at least two of the following: Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field; Documentation of the alien's membership in association in the academic field which require outstanding achievements of their members; Published material in professional publications written by others about the alien's work in the academic field; (The material must include the title, date, and author of the material, and must be accompanied by an English translation if it is written in foreign language.) Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field; Evidence of the alien's original scientific or scholarly research contributions to the academic field; or Evidence that the alien has written scholarly books or articles in scholarly journals with international circulation in his/her academic field. The professor or researcher must have at least three years experience in teaching and/or research in the academic field. Experience gained while working on an advanced degree is acceptable only if the alien was granted the degree. If his/her experience was in teaching, then he/she must have had full responsibility over the class(s) taught. If his/her experience was in research, then the research must have been recognized as outstanding in the academic field. The evidence of the alien's experience must be in the form of a letter or letters from the alien's current or former employer(s), and must include the name, address, and title of the author, and a detailed description of the duties performed by the alien.
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| 17. | What if the employer is not an academic institution? Are private employers eligible to file Outstanding Researcher petitions? |
| A department, division, or institute of a private employer may file an Outstanding Researcher petition. A private employer may qualify as long as they offer the alien a permanent research position in the alien's academic field and the employer demonstrates that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.
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| 18. | What is an I-140 Petition for Immigrant Worker? |
| This is the form that is used to ask the USCIS for employment-based classification. There are several categories in which an alien may qualify for permanent resident status based on his/her employment. Who may file the form, and the documentary evidence required to be submitted with the form is determined by the category in which the alien qualifies.
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| 19. | What is required to file an Employment Based Second Preference petition? |
| Any United States employer who intends to employ an alien who is in a profession that requires an advanced degree or its equivalent, and who meets those educational requirements, or who has exceptional ability in the sciences, arts, or business, may file an I-140 Petition on his or her behalf. A Labor Certification is required under this classification except where the Director of the USCIS Regional Service Center having jurisdiction over the case determines that an exemption would be in the national interest. If an alien claims such an exemption, he/she, or any person may file the petition on his/her behalf.
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| 20. | What is required to file an Employment Based Third Preference petition? |
| To qualify for permanent resident status in any sub-category of this classification, the alien is required to have employer sponsorship and Labor Certification, or documentation to prove that the alien qualifies for one of the shortage occupations the Department of Labor has identified on a list known as "Schedule A". Schedule A occupations include physical therapists, professional nurses, physicians or surgeons, college or university teachers, aliens of exceptional ability in the sciences or arts (except performing arts), certain religious occupations, and intracompany transferees in managerial or executive positions. Certain provisions of the Immigration Act of 1990 directed the Department of Labor to conduct a Labor Market Information Pilot Program to identify additional occupations for which there is a shortage of labor within the United States. Aliens in those pre-certified shortage occupations are still required to have an Immigrant Petition filed on their behalf by a United States employer.
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| 21. | What is the current I-140 processing time? |
| The processing times for I-140s vary depending on the USCIS Regional Service Center (RSC) that has jurisdiction over the case. For current USCIS RSC processing times, please click here.
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| 22. | What is the definition of "Executive" under the USCIS regulations? |
| To qualify as an executive, the alien must primarily direct the management of the organization, or a major component of function of the organization. He/she will establish the goals and policies of the organization, component, or function, exercising wide latitude in discretionary decision-making, while receiving only general supervision from higher level executives, the board of directors, or stockholders of the organization.
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| 23. | What is the purpose of the Immigrant Petition? |
| Applicants seeking to obtain employment based permanent residence must file an Immigrant Petition. Permanent residency confers on foreign nationals the right to live and work in the United States without time limitations. The basic purpose of the Immigrant Petition is to establish that the beneficiary of the petition is a qualified immigrant under the USCIS regulations.
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| 24. | What qualifies as a multinational business? |
| A "multinational business" is one which conducts business in two or more countries, one of which is the United States. The United States employer must have been doing business for a least one year.
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| 25. | Where is the Immigrant Petition filed? |
| The Immigrant Petition is filed with the USCIS Regional Service Center that has jurisdiction over the location where employment will take place.
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| 26. | Who qualifies as a "Professional" under the USCIS regulations? |
| A "professional" means an alien who holds at least a United States baccalaureate degree or a foreign equivalent degree, and who is a member of the professions. The petition must be accompanied by an official college or university record showing the date the baccalaureate degree was awarded, and the area of concentration of study. To show that the alien is a member of the professions, the employer must submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.
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| 27. | Who qualifies as a "Skilled Worker" under the USCIS regulations? |
| A "skilled worker" means an alien who, at the time the petition is submitted, is qualified and capable of performing a job that requires at least two years of training or experience for which no United States workers are available. The job must not be of a seasonal or temporary nature. In some instances, an alien with less than two years experience may be eligible for Permanent Resident status under this classification if relevant post-secondary education may be considered as training. The skilled worker's petition must be accompanied by evidence that the alien meets the educational, training, or experience, and any other requirements set forth in the approved Labor Certification application. The evidence may be in the form of letters from trainers, or previous or current employers. The letter must contain the name, address, and title of the trainer or employers, and a detailed description of the training received or the experience of the alien. If the alien seeks status under the provisions of Schedule A, or under DOL's Labor Information Pilot Program, a fully executed uncertified Form ETA-750 must accompany the I-140 Petition.
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| 28. | Who qualifies under the "Other Worker" designation? |
| "Other workers" are those who, at the time the petition is filed, are capable of performing unskilled labor, or labor that requires less than two years training or experience, for which United States workers are not available. The employment must not be of a temporary or seasonal nature. An I-140 petition for an unskilled worker must be accompanied by evidence that the alien meets any educational, training, or experience requirement of the approved Labor Certification application.
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| 29. | Who qualifies under the Employment Based Fifth Preference? |
| This classification is comprised of those who invest $1 million in a new enterprise and that employ 10 United States workers. This requirement is lowered to $500,000 if the investment is in certain rural areas or an area of high unemployment of at least 150% of the national average.
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| 30. | Who qualifies under the Employment Based Fourth Preference? |
| Immigrants in this category include religious ministers, certain long-time employees of the United States government (or of certain international organization) employed abroad, and some physicians who have resided in the United States for a number of years, court dependants, etc.
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| 31. | Why is the Immigrant Petition referred to as the "I-140"? |
| The Immigrant Petition is also referred to as the "I-140" because it is filed on USCIS Form I-140.
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