First Preference

Who must sign the form:

A U.S. employer may file Form I-140 for an E11, E12, E2 or E13 alien.

Any person can file Form I-140 for an E11 alien who has extraordinary ability or who is filing for a waiver of the labor certification in the national interest.

What should be sent:

E11: For an alien with extraordinary ability, you must send:

• Proof that the alien is coming to the United States to work in the area of expertise. Proof may include letters from prospective employers, contracts, or a statement from the alien telling how he or she intends to continue his or her work in the United States.
• Proof that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.
• Include proof of a major, international award, or at least three of the following:
• Proof that the alien received lesser nationally or internationally recognized prizes;
• Proof that the alien belongs to associations which require outstanding achievements, as judged by recognized national or international experts in the field;
• Published material about the alien in professional or major publications;
• Proof that the alien took part as a judge of the work of others in the same field;
• Proof of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
• Proof that the alien wrote scholarly articles in the field for major publications;
• Proof of the display of the alien's work at artistic exhibitions or showcases;
• Proof that the alien has performed in a leading role for well-known organizations;
• Proof that the alien has earned a high salary in the field;
• Proof that the alien has had commercial successes in the performing arts.
  

E12: For an outstanding professor or researcher, you must send:

• Evidence that the alien is known in more than one country as outstanding in the academic field Send two or more of the following:
• Proof of major awards for outstanding achievement in the academic field,

The Employment Based (EB) second preference category includes:

E21: Professional with an advanced degree or a person of exceptional ability

Who must sign the form:

A U.S. employer may file Form I-140 for the alien.

Any person can file Form I-140 for an alien who is claiming exceptional ability and who is seeking an exemption from the job offer in the national interest.

What should be sent:

Send an approved individual alien labor certification (form ETA 750 that has been certified by the Department of Labor), or an application for Schedule A designation;

• Evidence that the alien meets the minimum requirements stated on the face of the labor certification; and,
  
• Proof of the employer's ability to pay the offered wage.
  

E21: For a professional with an advanced degree, you must also send:

Proof that the alien is a professional with an advanced degree, including one of the following:

• An official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree;
• An official academic record showing that the alien has a U.S. bachelor's degree or a foreign equivalent degree, plus letters from employers showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty.
• The certified ETA 750 must establish that the position requires a person with in advanced degree or a person of exceptional ability.

E21: For an alien of exceptional ability in the sciences, arts, or business, you must send:

Proof that the alien has exceptional ability in the sciences, arts, or business including three or more of the following:

An official academic record showing that the alien has a degree, diploma, or certificate from a college, university, school, or other institution relating to the area of ability;

• Letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation;
• A license to practice the profession or certification for a particular profession or occupation;
• Proof the alien has earned a high salary;
• Proof of membership in professional associations;
• Proof of recognition from peers, governmental entities, or professional or business organizations for the alien's achievements and contributions to the field.
  

The Employment Based (EB) third preference category includes:

E31: Skilled worker
E32: Professional with a bachelor's degree
EW3: Other worker (unskilled)

Who may sign the petition:

A U.S. employer must file Form I-140 for-the alien.

What should be sent:

• Send a Form ETA 750 that has been approved by the Department of Labor, or an application for Schedule A designation.
• Proof of ability to pay the wage offered.
  

E31: For a skilled worker, you must also send:

• Letters from trainers or employers giving the name, address, and title of the trainer or employer, and a description of the training received or the experience of the alien.
• Proof that the alien meets the requirements of the ETA 750, meets the requirements for Schedule A designation, or meets the requirements for the Labor Market Information Pilot Program occupation designation. The minimum requirements are two years of training or experience.
  

E32: For a professional with a bachelor's degree, you must also send:

• Proof that the alien holds a United States bachelor's degree or a foreign equivalent degree.
• Include an official college record showing the date the degree was awarded and the area of study.
• Proof that the alien is a member of the professions.
• Submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.
  

EW3: For other workers (unskilled), you must also send:

• Proof that the alien meets any educational, training and experience, and other requirements of the labor certification.
  

The I-140 package should be sent via certified mail, return receipt requested to the C.I.S. regional service center having jurisdiction over the place where the alien will work. A check in the amount of $190 should be included as payment of the required filing fee. The petitioner should keep a complete copy of the filing.