Who is Eligible
The Application Procedure
~ Individuals who hold an 'advanced' degree in their profession
~ Exceptional ability in the sciences, arts or business
For Individuals who hold an 'advanced' degree in their profession, petitions may be filed when the job requires an advanced degree and the individual possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the individual has a U.S. advanced degree (or a foreign equivalent degree), or an official academic record showing that the individual has a U.S. baccalaureate degree (or a foreign equivalent degree) and letters from employers (current or former) showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Individuals who have Exceptional ability in the sciences, arts or business must provide documentation of 3 of the following;
~ An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
~ Letters documenting at least ten years of full-time experience in the occupation 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;
~ Membership in professional associations;
~ Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
The Application Procedure
An I-140 (Petition for Alien Worker) must be filed by your employer at the BCIS Service Center that has jurisdiction over the location where you will work.
Petitions must generally be accompanied by an approved, individual Labor Certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.
If you are a worker with exceptional ability in the sciences, arts, or business, you can apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Department of Labor's Employment and Training Administration for more information.