Short summaries drawn from the USCIS Policy Manual chapter(s) for Employment-based. Use filters to narrow by topic, then open a question. Sources and disclaimers are at the bottom.
Chapter All General eligibility requirements (I-140) Ability to pay PERM labor certification EB-1A extraordinary ability EB-1B outstanding professor or researcher EB-2 advanced degree and exceptional ability EB-3 skilled worker and professional AC21 job portability after I-485 filing
Filter All Application Eligibility Employer Family Job Changes Reporting Timing
+ What does it mean that I must qualify under an employment-based classification? + What are the three main employment-based green card categories? + What does it mean that my employer must have the ability to pay? + Do I need a job offer to apply for an employment-based green card? + Do I need labor certification to apply for an employment-based green card? + What is Schedule A and can I use it instead of individual labor certification? + What are the three core requirements for employment-based green card eligibility? + I'm applying as EB-1 for extraordinary ability - do I still need labor certification? + I'm applying as EB-2 with an advanced degree - can I skip labor certification? Important + My employer changed ownership or merged - does my petition still count? + What documents do I need to submit to prove my company can pay the proffered wage? + My company is publicly traded. Can I submit the SEC Form 10-K instead of other financial documents? + What type of audited financial statements does USCIS accept? + I submitted audited financial statements with a qualified opinion. Will USCIS reject them? + My company has 100 or more employees. Can I submit just a letter from our financial officer instead of tax returns? Important Numbers / limits + I'm a sole proprietor. Do I need to submit my personal tax returns to show ability to pay? + Can I use my parent company's financial statements to prove my subsidiary's ability to pay? + Can I rely on a line of credit to establish ability to pay? + If I've been paying the beneficiary the full proffered wage, do I still need to submit tax returns? Important + How do I prove wages paid to the beneficiary? + What is net income and how does USCIS calculate it? + What are net current assets and how do they differ from total assets? + Can I add my net income and net current assets together to show ability to pay? Important + I paid the beneficiary $40,000 but the proffered wage is $50,000. What do I need to show? + My company operated at a loss last year. Does that automatically mean I cannot pay the proffered wage? + The priority date is July 1, 2021. Can I prorate the annual proffered wage for that year? + I filed Form I-140 petitions for multiple beneficiaries. Do I need to show I can pay all of them? + When do I stop counting another beneficiary's wages in my ability to pay analysis? + I'm a successor-in-interest to the company that obtained the labor certification. What must I prove? + My organization is a nonprofit exempt from income tax. How do I prove ability to pay? + The beneficiary ported to a new employer under AC21 while my Form I-140 is pending. How does USCIS evaluate ability to pay? + Can USCIS reexamine my ability to pay after approving my Form I-140? Important + What if I don't have a tax return for the priority date year when I file? + If I change employers under AC21 portability, does my priority date change? + My company is incorporated. Can USCIS look at my personal finances to prove ability to pay the wage? + Can my company's depreciation deductions be included in net income to show ability to pay? + What financial officer titles does USCIS recognize for ability-to-pay statements? + Does USCIS consider a single-member LLC owner's personal assets when evaluating ability to pay? Important + Can USCIS exclude depreciation deductions when calculating my company's net income for ability to pay? + How does USCIS handle net income versus net current assets when prorating ability to pay? Numbers / limits + I'm sponsoring multiple beneficiaries - does hiring all of them together affect my ability-to-pay determination? Important + Is a corporation considered a separate legal entity from its owners for ability-to-pay purposes? + What does USCIS mean by 'net current assets' on a balance sheet? + Can USCIS consider the financial resources of a person or entity with no legal obligation to pay the wage? Important + What is the priority date for an I-140 petition with a labor certification? + Can I change employers after my I-140 is filed under AC21 portability rules? + I did X, does that mean my employer no longer has to prove ability to pay? Important + Can I still use my company's balance sheet from last year if my financial situation has changed significantly? Important + Who counts as a financial officer for purposes of signing financial documents in my ability-to-pay petition? + What accounting standards should my financial documents follow? + I own a single-member LLC. Can USCIS consider my personal assets to show ability to pay? + I'm petitioning for multiple beneficiaries. Does hiring all of them at once affect my ability to pay? Important + Do I need to prorate net current assets from my balance sheet when showing ability to pay? + How should I prorate net income when the proffered wage covers only part of a year? + What is my priority date if my petition includes a labor certification? + What is my priority date if my employment-based petition does not require a labor certification? + Can I submit additional evidence beyond standard financial documents to show ability to pay? + If my company is a successor-in-interest to the original petitioner, how does that affect ability-to-pay analysis? + Do I need a permanent labor certification to apply for an employment-based green card? + What does an approved permanent labor certification prove? + When must I have been qualified for the job to get my green card approved? + What forms are used for permanent labor certification applications filed after June 1, 2023? + How long is an approved permanent labor certification valid? Important Numbers / limits + What happens if the 180-day deadline falls on a weekend or holiday? + Can I use an expired labor certification if I file an amended or duplicate petition? Important + Do I need to submit the original labor certification or can I send a photocopy? + What do I do if I lost my original labor certification? Numbers / limits + Can my employer change the job location after the labor certification is approved? Important + Can my employer substitute me with another worker on the same labor certification? Important + What happens if the Department of Labor revokes my approved labor certification? + Can I appeal if USCIS denies my petition because the labor certification expired? Important + I changed jobs - do I need a new labor certification? Important + Does USCIS check whether I actually meet the job qualifications listed on the labor certification? + What if the job offer changed after the labor certification was approved? Important + I'm a professional athlete - do I need a prevailing wage determination form? + I filed my labor certification before June 1, 2023 - what form should I use? + I filed my I-140 petition but my labor certification was already expired - will USCIS still process it? Important + My employer says they can change the job title but keep the same labor certification - is that allowed? Important + What is a 'priority date' and why does it matter? + I received a Notice of Intent to Revoke (NOIR) from DOL - what should I do? + Can I file my I-140 petition on the 180th day after my labor certification was approved? Numbers / limits + What is an EB-1A extraordinary ability green card and who can apply? + Do I need a job offer or employer sponsorship to apply for EB-1A? + What does 'sustained' national or international acclaim mean - do I need to be at the peak of my career right now? + I was famous as an athlete years ago but haven't competed recently. Can I still qualify if I show sustained acclaim as a coach? + I'm a male athlete who wants to compete in women's sports in the US. Does that count as continuing work in my area of expertise? Important + What does it mean that my entry must 'substantially benefit' the United States? + What evidence do I need to submit with my EB-1A petition? Numbers / limits + Does USCIS use a specific process to evaluate my evidence? + In Step 1 of the review, will USCIS decide if I'm in the top of my field? + What counts as a 'lesser nationally or internationally recognized prize or award' under Criterion 1? + Can I use a team award to meet Criterion 1 if I was one of the recipients? + I won an award that was only open to early-career professionals or youth competitors. Does that disqualify it? + What kind of association membership qualifies under Criterion 2? + I'm a member of a professional association. Does that automatically meet Criterion 2? + What published material about me qualifies under Criterion 3? + Can published material about my team's work count if I'm mentioned in it? + How does USCIS determine if a publication is 'major media' or a 'professional publication'? + What counts as judging the work of others under Criterion 4? + How do I prove I actually completed peer review work for a journal? + What qualifies as 'original contributions of major significance' under Criterion 5? + I have a pending patent. Is that enough to show major significance under Criterion 5? Important + What counts as a 'scholarly article' under Criterion 6? + What publication venues qualify for Criterion 6? + What counts as display of work in artistic exhibitions under Criterion 7? + What is a 'leading or critical role' under Criterion 8? + How do I prove I had a leading or critical role under Criterion 8? + What makes an organization have a 'distinguished reputation' under Criterion 8? + Can I use a job offer to show high salary under Criterion 9? + How do I prove my salary is high compared to others in my field under Criterion 9? + I am a male athlete who has competed against women. Does this hurt my EB-1A case? Important + What are examples of comparable evidence USCIS accepts? + Can I submit comparable evidence for a major international award if I didn't receive one? Important + I work in a STEM field. Can I submit comparable evidence if the standard criteria don't fit my job? + Can I submit comparable evidence if I work in a STEM field? + Do I need to explain the significance of my evidence? Important + Do I need to explain why my evidence matters for the EB-1A standard? + What does it mean for a criterion to 'readily apply' to my occupation? + Does a criterion have to be completely inapplicable for me to submit comparable evidence? + What should I expect if USCIS denies my EB-1A petition? + What should a denial letter explain if my petition is rejected? + Can USCIS consider evidence that doesn't fit the standard EB-1A criteria? + If I claim a criterion doesn't apply to my occupation, what do I need to show? Important + Does being named on a peer-reviewed government research grant strengthen my case? + Does being named on a government research grant help my EB-1A case? + What is an h-index and how does it help prove extraordinary ability? + How does publishing in high-impact journals help my EB-1A case? + If I judge the work of others in my field, does that automatically meet the EB-1A criteria? Important + Does working at a top university or research institution help my case? + Does working at a top university or research institution help my EB-1A case? + Can I rely mainly on letters of support from colleagues to prove extraordinary ability? Important + How much weight do letters of support carry in an EB-1A petition? Important + If I meet the ten regulatory criteria, does that automatically mean I get approved? Important + What happens in the second step of the EB-1A evaluation? + I was approved for an O-1 visa. Does that guarantee my EB-1A green card will be approved? Important + I was approved for an O-1 visa before. Does that guarantee my EB-1A green card will be approved? Important + Can USCIS deny my petition just because I didn't submit one type of evidence they expected? Important + What standard does USCIS use to decide if I meet the EB-1A requirements? + If I publish scholarly articles in major publications, does that automatically prove I'm extraordinary? Important + What is Section 3 of the EB-1A extraordinary ability chapter about? Important + How does USCIS define a 'leading or critical role' in extraordinary ability cases? + What is the October 2024 policy alert about extraordinary ability? + Are the extraordinary ability standards the same as those for outstanding professor or researcher classification? + If I see conflicting information between the USCIS Policy Manual and older guidance, which one should I follow? Important + What recent policy changes affect how USCIS evaluates extraordinary ability applications? Important + What counts as qualifying published material for extraordinary ability evidence? + What did the September 2023 policy update clarify about extraordinary ability and outstanding professor classifications? + Where can I find the official USCIS guidance on extraordinary ability requirements? + Can USCIS deny my petition just because I'm missing one type of evidence, like published articles? + Do I need to be strong in every evidentiary area to win my case? + Are invitations to speak at conferences important for my EB-1A petition? + How do unsolicited invitations to speak at conferences help my petition? + Does it matter who writes letters of support for my EB-1A petition? + Does it matter who writes letters of support for my petition? + What does it mean to be 'internationally recognized as outstanding' in my academic field? Numbers / limits + Do I need a labor certification to apply for an EB-1B outstanding professor or researcher green card? + What types of employers can sponsor me for an EB-1B petition? + What must the employment offer letter say? + What counts as a 'major prize or award' for the first evidence criterion? + Can I use membership in a professional association as evidence if I just paid a membership fee? Important + What kind of published material about my work counts as evidence? + Does my judging experience need to be at a certain level to count as evidence? + What examples of judging experience qualify? + What counts as an 'original scientific or scholarly research contribution' to my field? + How do I show that my research contributions are significant to my field? + What qualifies as a 'scholarly article' for evidence purposes? + Do my publications need to be in journals with international circulation? + What is 'comparable evidence' and when can I use it? + If I meet two of the six evidence criteria, am I automatically approved? Important Numbers / limits + What factors does USCIS consider in the final merits determination? + Does working at a leading research institution help my case? + What is an h-index and why does it matter? + Can I use unsolicited conference invitations as evidence? + Does being on a U.S. government research grant help my application? + What must I explain when submitting evidence? Important + Can my research position be funded year-to-year if the funding is expected to continue? + Does my research position need a 'good cause for termination' clause in the contract? + What is the difference between a tenured position and a tenure-track position? + Do I need 3 years of experience in my field before applying? Numbers / limits + What is an 'academic field' and how specific does it need to be? + I published articles but they were cited only as footnotes in other work - does that count as published material about my work? Important + Can I use team research as evidence if I was part of the team? + What is the Carnegie Classification and how does it relate to EB-1B eligibility? + What is the Carnegie Classification and how does it relate to my EB-1B petition? + Do I need to have citations or an h-index to qualify as an outstanding professor or researcher? + I'm early in my career and don't have many citations yet - can I still qualify for EB-1B? + Do I need to provide all the types of evidence USCIS lists to qualify for EB-1B? + Can a government agency sponsor me for EB-1B if it is not a university? Important + What is an h-index and what does it mean for my EB-1B application? + What is impact factor and how does USCIS use it to evaluate my research? + What is the Kazarian standard and how does it apply to EB-1B cases? + If I submit citation metrics or indices, what documentation should I include? Important + Are the listed evaluation factors the only way to prove I'm an outstanding professor or researcher? + Can I use citation indices other than h-index to demonstrate my research impact? + Can I use citation indices other than h-index to support my EB-1B application? + Can a private company sponsor me for EB-1B if it has a research department? Numbers / limits + What are QS World University Rankings and can they support my EB-1B application? + What are QS World University Rankings and can they help my EB-1B case? + I'm not in a STEM field - do the evaluation factors still apply to me? + What are the three main requirements to qualify for EB-2 as an advanced degree professional? + I have a master's degree - does that automatically qualify me for EB-2? Important + What if the specialty normally requires a doctorate? + I'm an athlete who competed against women - does that affect my exceptional ability claim? Important + Can I submit different types of evidence if the six criteria don't apply to my occupation? + What does 'exceptional ability' mean for EB-2? + Does having a degree from a prestigious university prove exceptional ability? Important + How does USCIS evaluate evidence for exceptional ability? Numbers / limits + If I'm a member of a professional association, does that prove I have exceptional ability? Important + What are the six types of evidence for exceptional ability? + What three things must I show to qualify for EB-2 exceptional ability? + Can I qualify with a bachelor's degree instead of a master's degree? Numbers / limits + I have a master's degree and want to start a bakery - can I qualify for national interest waiver? Important + What is a national interest waiver for EB-2? + Who has the burden of proving that a national interest waiver is in the national interest? + How specific should I be in describing my proposed endeavor? + For exceptional ability national interest waiver, must my exceptional ability relate to my proposed endeavor? Important + For the 5 years of experience requirement, must it be in the same field as my degree? Important + If I qualify for EB-2, does that automatically mean I qualify for a national interest waiver? Important + What is the difference between 'occupation' and 'proposed endeavor' for a national interest waiver? + How does USCIS determine if my intended occupation is a 'profession' for national interest waiver purposes? + What must I prove to establish that a national interest waiver is in the national interest? Numbers / limits + Do I need to qualify for EB-2 first before requesting a national interest waiver? Important + I'm a registered nurse with a master's degree - can I use EB-2 advanced degree? Important + What happens if I'm cut from the team or retire before my petition is approved? Important + I signed a contract with a major league team - does that prove I have exceptional ability? Important + What is the legal definition of a professional athlete for EB-2? Numbers / limits + My labor certification was filed after June 1, 2023 - what should I know? + Does an approved labor certification for a professional athlete mean USCIS must approve my petition? Important + If I'm a professional athlete and change teams, does my labor certification remain valid? + What is Schedule A, Group II and how does it differ from exceptional ability? + What do I do if my national interest waiver petition is denied? + Can male athletes qualify for a national interest waiver to compete in women's sports? + What are critical and emerging technologies in the national interest waiver context? + Even if I meet all three prongs, is a national interest waiver guaranteed? + Do I need to show my endeavor will have a big economic impact? + Can I start a consulting firm in a nationally important occupation? Important + Can I qualify as an entrepreneur by showing general economic benefits? Important + Does admission to an incubator or accelerator help my case? + Does the importance of my industry help me qualify? Important + How does intellectual property help my entrepreneur petition? + What investment evidence helps my entrepreneur petition? + Does media coverage of my business help? + What metrics should I use to measure my entrepreneurial endeavor? + Do I need to follow a traditional career path as an entrepreneur? + Does owning a company automatically qualify me? Important + What revenue and job creation metrics should I submit? + What makes a strong entrepreneur petition? + What third-party letters help an entrepreneur petition? + Is general work experience in my field enough to show I'm well positioned? Important + What kind of evidence do I need to submit with my national interest waiver petition? Important + What should expert letters say to support my national interest waiver petition? + What financing information should I provide if I'm an entrepreneur seeking a national interest waiver? + Can letters from U.S. government agencies help my petition? + Does it help if government agencies are interested in my work? + Do I need a job offer to apply for a national interest waiver? + Can my endeavor be important if it only affects my local or regional area? + Can male athletes seeking to compete in women's sports get a national interest waiver? Important + Does my past work history help my national interest waiver case? + Should I use technical language to describe my proposed endeavor? + I'm a STEM teacher - can I qualify for a national interest waiver based on the importance of education? Important + I'm developing a drug for a pharmaceutical company - how do I show national importance? + My employer is a large national company - does that help prove national importance? Important + What does USCIS mean by 'merit' and 'national importance' of my proposed endeavor? + I'm a software engineer adapting my employer's code for various clients - does that qualify? Important + I'm starting a new company - what do I need to show to prove national importance? Important + I'm developing technology for my company - what evidence shows it has national importance? + Is a business plan or proposal enough to show I'm well positioned? Important + What types of evidence can show I'm well positioned to advance my endeavor? + How important is my personal role in the endeavor? + What makes a letter from an expert persuasive? + Do I need to prove my endeavor is more likely than not to succeed? + What does it mean to be 'well positioned' to advance my endeavor? + If my employer creates jobs for U.S. workers, does that help the third prong? + Can I argue it's impractical to get a labor certification? + What is the third prong and why does it matter? + Does a national labor shortage in my occupation satisfy the third prong? Important + Does having unique skills that exceed job requirements help with the third prong? + Does urgency matter for the third prong? + What counts as a research-intensive industry? + Can I file a national interest waiver petition for myself? + Is my STEM degree alone enough to qualify? Important + Are STEM fields treated differently in national interest waiver cases? + Does having a Ph.D. in STEM help my case? + What combination of factors makes a strong STEM case for the third prong? + Can theoretical STEM research qualify for a national interest waiver? + Do I have to prove my business or project will definitely succeed? + What are the three things I need to prove for a national interest waiver? + I have exceptional ability in my field - can I get a national interest waiver just based on that? Important + My previous project failed - does that automatically disqualify me from a national interest waiver? + I'm an engineer - does that mean my national interest waiver is automatically approved? Important + I submitted claims about my endeavor's importance but no supporting documents - is that enough? Important + What information is covered in Section 4 of the EB-2 advanced degree and exceptional ability chapter? Important + I'm a professional athlete and my labor certification was filed with DOL's FLAG system after June 1, 2023 - what should I know? Important + I have a bachelor's degree but my labor certification requires 2 years of college and 2 years of experience - does my degree satisfy the requirement? Important + Can I substitute education for experience or vice versa? + Can I use a foreign degree instead of a U.S. bachelor's degree? + What form does my employer file for an EB-3 petition? + Do I need to meet all the requirements listed on my labor certification? Important + What qualifies as a professional under EB-3? + If I'm a sheepherder exempt from labor certification, do I still need work experience? Important + Do I need a labor certification if I'm a sheepherder? Numbers / limits + What qualifies as a skilled worker under EB-3? + What is an unskilled worker under EB-3? Numbers / limits + How many EB-3 visas are available each year? Numbers / limits + Why does my adjustment application need to be pending for 180 days before I can port? Numbers / limits + Does my I-140 petition have to be approved before I can port? Important + What is job portability and who can use it? Numbers / limits + If my new job is in the same broad SOC occupation but a different detailed code, can I port? + Who has the burden of proving that my new job is in the same or similar occupational classification? + Can I port if my employer's business terminates after my I-485 has been pending 180 days? Numbers / limits + Can I port to a management or supervisory position if my original job was not managerial? + Can I port to a different job that is not a promotion or management role? + Why does my adjustment application need to be pending for 180 days before I can port? Numbers / limits + Can I port to a job in a completely different SOC major group? + How do I request portability - what form do I use? + Does my original employer have to have intended to employ me when the petition was filed? + If my original petition was supported by a labor certification, what SOC code applies? + If my petition did not require a labor certification, how do I establish the SOC codes? + What happens to my portability if USCIS revokes my I-140 approval? Important + Can I still port if my employer withdraws the I-140 petition after 180 days? Numbers / limits + If I port to a new job, do I keep my priority date? + What does 'same occupational classification' mean for portability? + If my new job has the same six-digit SOC code as my original job, does that guarantee portability approval? + Can I port my petition to self-employment? + What does 'similar occupational classification' mean for portability? + Are Standard Occupational Classification (SOC) codes the only thing USCIS uses to decide if my new job is in the same or similar classification? + I did X: my I-140 is approved in the EB-4 (special immigrant) category. Can I use portability? Important + I want to port to self-employment. If USCIS finds fraud indicators, what happens? Important + I did X: my I-485 has been pending for only 120 days and my employer wants to withdraw the petition. Can I still port? Important Numbers / limits + I did X: my I-140 is still pending and my I-485 has been pending for 180 days. Does that mean I can port? Important Numbers / limits + Will a significant difference in salary between my original and new job prevent me from porting? + What happens if USCIS approves my Supplement J? + What happens to my adjustment application if the principal beneficiary dies? + What happens if USCIS denies my Supplement J because the new job is not in the same or similar classification? Important + I have a national interest waiver - do I still need to file Supplement J if I change jobs? + I have a national interest waiver - do I still need to file Supplement J if I change jobs? + What does USCIS look for when reviewing my new job offer for portability? + What happens to my adjustment application if the principal beneficiary dies? + What documents do I need to submit with my Supplement J request? Important + What documents do I need to submit with my Supplement J? Important + What does 'same or similar occupational classification' mean for my new job? + What form do I use to request job portability? + When can I request job portability after filing my I-485? Numbers / limits + I changed jobs before my I-485 had been pending 180 days - can I still request portability now? Important Numbers / limits + My I-140 petition is still pending - can I request job portability? Important + My new employer won't complete their portion of Supplement J - what do I do? Important + Can I port to a part-time job or a job that is not permanent? Important + Do I need to file Form I-485 Supplement J to request job portability? + I changed jobs but didn't file Supplement J - does that automatically deny my adjustment? Important + I have a national interest waiver as a physician and want to change employers - do I need to file anything? Important + I've been waiting 150 days - can I request portability now even though it hasn't been 180 days yet? Important Numbers / limits