The following documents are required of all labor certification based I-140 preference petitions.

1.  Form I-140. A fully completed and executed form I-140 is required.

2.  Labor certification. An approved foreign labor certification, original form ETA- 9098 , certified by the Secretary of Labor.

3.  Fee: The petitioner must include a check in the amount of $475 made payable to U.SD. Department of Homeland Security..

4.  Evidence of the Employer’s Ability to pay wage. Petitions which require job offers must be accompanied by evidence that the prospective U.S. employer has the ability to pay the proffered wage. Such evidence shall be in the form of copies of annual reports, federal tax returns, or audited financial statements. Evidence must be presented to show that the employer had the financial ability to pay the offered wage as of the date of the filing of the labor certification and continuing at all times through the present.

In a case where the prospective U.S. employer employs 100 or more workers, a statement from a financial officer of the organization which establishes ability to pay the wage may be submitted. In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted.

5.  Evidence that the alien beneficiary possessed all of the requirements stated in the labor certification (exactly as stated in the labor certification) at the time the labor certification was filed with the Department of Labor or the State Employment Service.

Within the labor certification based employment preference categories, there are five distinctive sub-categories:

• Second preference advance degree holder;
• Second preference exceptional ability worker;
• Third preference skilled worker;
• Third preference professional worker; and,
• Third preference “other worker.”

The following additional requirements apply, depending upon the specific employment-based preference classification and sub-category sought.

Employment-based second preference petitions:

If the U.S. employer seeks to have the employee placed in the employment-based second preference classification, the employer must select either of two eligibility categories: (a) as a member of the professions with an advanced degree in a job that requires an advanced degree; or, (b) as a person with exceptional ability in the sciences, arts or business. The two sub-categories require different supporting evidence.

To prove that a case qualifies for employment based second preference classification, the petition must provide:

1. Evidence that the job described in the labor certification customarily requires an advanced degree or exceptional ability. The fact that the labor certification states that the employer requires an advanced degree alone is insufficient proof. The petitioner bears the burden of proving that the job, on a general industry-wide basis, customarily requires an advanced degree or exceptional ability; and,

• Either:
  
  1. An official academic record showing that the alien has a U.S. advanced degree or an equivalent foreign degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or an equivalent foreign degree and letters from current or former employers showing that the alien has at least five years of progressive post- baccalaureate experience in the specialty; or
     
  2. At least three of the following:
     
  • An official academic record showing that the alien has a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability;
  • Letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he or 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 occupation, you may submit comparable evidence to establish the alien's eligibility.

Employment-based third preference petitions:

“Skilled Workers”

A U.S. employer filing a third preference petition for a skilled worker must file prove that the job offered in the labor certification customarily, on an industry-wide basis, requires a minimum of two years’ education, training, and or experience. The minimum requirements stated by the employer on the labor certification alone are not considered sufficient evidence of this criterion. The petitioner must demonstrate through extrinsic evidence that the job offered requires at least two years of post-secondary preparation.

“Professional Workers”

A U.S. employer filing a third preference petition for a professional worker must file prove that the alien holds a U.S. baccalaureate degree or equivalent foreign degree; and a baccalaureate degree is required for entry into the occupation. Again, the employer must prove this element by extrinsic evidence – the minimum requirement stated on the face of the labor certification is insufficient.

“Other Worker”

This is the least restrictive of all employment-based preference categories. It does not require any evidence beyond that common to all employment-based petitions.

Experience Letters:  Evidence relating to qualifying experience or training shall be in the form of letters

• from current or former employer(s) or trainer(s)
• and shall include the
  • name,
  • address, and
  • title of the writer, and
  • a specific description of the duties performed by the alien or of the training received.

If such evidence is unavailable, other documentation relating to the alien's experience or training will be considered. 

Translations. Any foreign language document must be accompanied by a full English translation, which the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

Copies. Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original. If you choose to send the original of a document, the CIS may keep that original for its records.