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Your employer must obtain a certified Application for Permanent Employment Certification ( ETA Form 9089 (PDF)) from DOL before filing the Form I-140, Petition for Alien Worker with USCIS. Because the national interest waiver waives the job offer, you do not need to demonstrate an employer’s ability to pay a wage. Finally, you may request a waiver of this requirement in the national interest through the petition filed with USCIS. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continuing until you obtain lawful permanent residence status. Employment-based, second-preference petitions must usually be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, however, DOL provides for a blanket (Schedule A) certification in certain situations.

Other comparable evidence of eligibility is also acceptable.

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Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.

Membership in a professional association(s).Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.

Update list preference manager license#

A license to practice your profession or certification for your profession or occupation.

Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.

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.

You must meet at least three of the criteria below.*

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 be able to show exceptional ability in the sciences, arts, or business. If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. You must meet any other requirements specified on the labor certification as applicable as of the priority date.ĭocumentation, such as an official academic record showing that you have a U.S.

Update list preference manager plus#

The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). Below are the occupational categories and requirements: Eligibility Criteria Sub-Categories 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.