Eligibility Criteria for Form I-140
Eligibility for Form I-140 is determined by various employment-based visa categories. These categories, also known as visa category options, include:
- Extraordinary ability
- Outstanding professors and researchers
- Advanced degree holders
- Exceptional ability
- Skilled workers
- Unskilled workers
Extraordinary Ability, Outstanding Professors, and Researchers
The EB-1 category caters to individuals with extraordinary ability, outstanding professors, and researchers. These individuals must provide evidence of significant achievements and recognition in their respective fields.
The ‘extraordinary ability’ standard of the EB-1 category requires individuals to showcase exceptional expertise and recognition in their field that surpasses the norm. For instance, receiving an Academy Award, Olympic Medal, or Nobel Prize would be illustrative accomplishments meeting the criteria of the EB-1 category.
Advanced Degree and Exceptional Ability
The EB-2 category encompasses individuals with advanced degrees or exceptional ability in their field. This category necessitates proof of their qualifications and labor certification.
The advanced degree must be a requirement for the job being applied for, and the applicant must hold such a degree or its foreign equivalent. The labor certification process involves the submission of a certified Application for Permanent Employment Certification.
Skilled Workers, Professionals, and Unskilled Workers
The EB-3 category covers skilled workers, professionals, and unskilled workers. Applicants in this category are required to provide evidence of relevant experience or education and have labor certification.
To qualify as a skilled worker, the ability to perform skilled labor requiring at least 2 years of training or experience is necessary. Labor certification for the EB-3 category in Form I-140 entails acquiring an approved, individual labor certification from the Department of Labor on Form ETA-9089. It is essential to be aware of the labor certification’s validity period to avoid having expired labor certifications filed, as this may cause delays or complications in the process.