Employment Based Immigration

Preference Selection & Document Collection Instructions

IMPORTANT: The Office of Enrollment Services has prepared this information for members of the South Alabama Community. Some of the contents are specific to South Alabama. If you choose to share this information outside South Alabama, please advise readers that they need to contact the appropriate offices or officials at their institutions or consult with qualified immigration attorneys for detailed or specific information. South Alabama accepts no responsibility for private or non-South Alabama use of this material

BACKGROUND AND STEPS OF THE PROCESS

There are four avenues for immigration to the United States. They are:

1.	Family based = close family relationship to a U.S. citizen or lawful permanent resident;
2.	Employment based = skills and abilities needed in the U.S.;
3.	Refugee or asylee = those fleeing from or unable to return to the home country because of persecution;
4.	Special acts of Congress = Congress may pass laws to give LPR status to certain persons or groups of people.

Employment based immigration is divided into three preferences categories that are in some instances subdivided. The three employment based preferences are EB-1, EB-2, and EB-3:

EB-1: EMPLOYMENT BASED FIRST PREFERENCE. "Priority Workers." EB-1 is subdivided into three categories.

EB-1(A) Persons of extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who will prospectively be of substantial benefit to the United States. No job offer is required. No labor certification is required. The alien may file the petition alone without South Alabama help.
EB-1(B) Outstanding researchers and professors who are internationally recognized, have had a minimum of three years of experience and have been offered a tenured or tenure track position or a long term research position comparable to tenure track at a university or research institution. A job offer is required. No labor certification is required. South Alabama must file the petition as the employer.
EB-1(C) Multinational executives and managers. Not applicable to South Alabama. Omitted from this discussion.

EB-2: EMPLOYMENT BASED SECOND PREFERENCE. Certain professionals and those holding advanced degrees. This category usually requires a labor certification, but there is a "National Interest Waiver" of the requirement for certain aliens.

EB-2 Members of the professions holding advanced degrees or aliens of exceptional ability in the sciences, arts, or business. "Advanced degree" is defined as any academic or professional degree or foreign equivalent at or above the U.S. master's degree. In some cases a baccalaureate plus five years of appropriate experience can be counted as master's degree. A job offer and a labor certification are required. South Alabama must file the petition as the employer.
EB-2 (NIW) Aliens of exceptional ability in the sciences, arts, or business and whose presence and activities in the U.S. are in the national interest. No job offer is required. Labor certification requirement is waived. The alien may file the petition alone without South Alabama help.

EB-3: EMPLOYMENT BASED THIRD PREFERENCE. Skilled workers, professionals, and other workers. Professionals who do not hold advanced degrees, but who hold licenses, certificates, or other professional qualifications. A job offer and a labor certification are required. South Alabama must file the petition. Registered nurses and physical therapists have preapproved labor certification.

EB-1(A): ALIENS OF EXTRAORDINARY ABILITY

THE ALIEN MUST PROVIDE:

A.	Evidence of a one-time achievement (that is, a major, internationally recognized award), OR at least three of the following: Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought; Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field or evidence of the alien's authorship of scholarly articles of major significance in the field; (Title pages only, not full text of publications, may be submitted.) Evidence of the alien's authorship of scholarly articles in the field, in professional or other major trade publications or other major media; (Title pages only, not full text of publications, may be submitted.) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases (preferably in more than one country); Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation; Evidence that the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field; Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. If the above standards do not readily apply, you may submit comparable evidence to establish the beneficiary's eligibility.
B.	Five to seven letters from senior people in the field attesting to the alien's significant contributions to and international reputation in the field. We recommend a variety of letters from people outside South Alabama and outside the U.S. and from senior people in US government and industry. Basic contents of the letter should include: the position and standing of the writer of the letter in the field (include a CV of the writer): how the writer knows of the alien's work; how the alien's work has made significant or outstanding contributions to the field; references to the alien's international reputation such as presentations at international conferences, publications in international journals, memberships in selective international associations or societies; receipts of international prizes or awards; references or descriptions as to how the alien may benefit the U.S. in the future; a statement which refers to the alien as a person of "extraordinary ability in the field of ____"
C.	Diplomas, certificates, licenses, etc. to prove qualifications.

THE SOUTH ALABAMA FACULTY ADVISER OR ADMINISTRATOR MUST PROVIDE:

A.	An appointment letter containing the title, salary, and term of appointment.
B.	A summary letter discussing the alien's extraordinary and internationally recognized achievements, potential for continued international activity and recognition, and how the individual will benefit the U.S.

EB-1(B): OUTSTANDING PROFESSORS AND RESEARCHERS

THE ALIEN EMPLOYEE MUST PROVIDE:

A.	Evidence that the professor/researcher is recognized internationally as       outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following: Documentation of the alien's receipt of major international prizes or awards for outstanding achievement in the academic field; Documentation of the alien's membership in associations in the academic field, which require outstanding achievements of their members; Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation; Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same, or an allied, academic field; Evidence of the alien's original scientific or scholarly research contributions to the academic field; Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field. (Title pages only, not full text, may be submitted.)
B.	Evidence that the alien has at least three years of experience in teaching and/or research in the academic field. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien. If the alien does not have three years of post-degree experience and wishes to use experience gained in graduate school while working on an advanced degree, that experience will only be acceptable if it meets both of the following conditions: The teaching or research must have been recognized in the academic community as professional level rather than student level work, thus indicating an outstanding level of performance while still a student. The teaching duties must have been such that the alien had full responsibility for the classes taught, not simply grading papers or assisting with teaching. The research conducted toward the degree must have been recognized within the academic filed as outstanding, not just "good enough for the degree". The alien must have, in fact, been awarded the degree prior to the filing of the immigrant petition. NOTE: The experience gained while in graduate school working toward the degree may count no more than half-time. Example: a student who teaches one course per semester for two academic years will only receive credit for one year of teaching experience. Federal guidelines recognize only part-time employment for a full-time student.
C.	Five to seven letters from senior people in the field attesting to the alien's significant contributions to and international reputation in the field. We recommend a variety of letters from people outside South Alabama and outside the U.S. and from senior people in US government and industry. Basic contents of the letter should include: the position of the writer of the letter in the field (include a copy of the writer's CV); how the writer knows of the alien's work; how the alien's work has made significant or outstanding contributions to the field; references to the alien's outstanding reputation such as evidenced by presentations at national or international conferences, publications in national or international juried journals, memberships in selective associations or societies; receipts of prizes or awards; references or descriptions as to how the alien may benefit the U.S. in the future; a statement which refers to the alien as an "outstanding professor in the field of _____" or as an "outstanding researcher in the field of ______."
D.	Diplomas, certificates, licenses, etc. to prove qualifications.

THE SOUTH ALABAMA FACULTY ADVISER OR ADMINISTRATOR MUST PROVIDE:

A.

An offer of employment in the form of a letter offering the alien a tenured or tenure track teaching position in the alien's academic field or a permanent research position in the alien's academic field. DHS regulations state that "permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination."

B.

A summary letter describing the alien's outstanding achievements, recognition in the field, and future potential for outstanding contributions.

  EB-2: WITH "NATIONAL INTEREST" WAIVER OF LABOR CERTIFICATION

IMPORTANT NOTE: A precedent decision court case in 1998 set the standard for NIW very high.

THE ALIEN EMPLOYEE MUST PROVIDE:

A.	Evidence that the alien has an advanced degree OR evidence of exceptional ability in the sciences, arts, or business consisting of at least three of the following: An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability. Evidence in the form of letter(s) from current or former employer(s) 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 that have elective or selective membership. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organization. See the criteria under EB-1(A) and EB-1(B) for kinds of documents to show this recognition. If the above standards do not readily apply, you may submit comparable evidence to establish the beneficiary's eligibility.
B.	Evidence that the alien's work is in the national interest consisting of three to five letters from senior people in the field attesting to the alien's significant contributions to and international reputation in the field. We recommend a variety of letters from people outside South Alabama and outside the U.S. and from senior people in US government and/or industry. Basic contents of the letter should include: The position and standing of the writer of the letter in the field (include a CV of the writer); How the writer knows of the alien's work (see the criteria under EB-1(A) and EB-1(B)); How the alien's woras presentatt the alien has at least three years of experience in teaching and/or research in the academic field. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien. If the alien does not have three years of post-degree experience and wishes to use experience gained in graduate school while working on an advanced degree, that experience will only be acceptable if it meets both of the following conditions: The teaching or research must have been recognized in the academic community as professional level rather than student level work, thus indicating an outstanding level of performance while still a student. The teaching duties must have been such that the alien had full responsibility for the classes taught, not simply grading papers or assisting with teaching. The research conducted toward the degree must have been recognized within the academic filed as outstanding, not just "good enough for the degree". The alien must have, in fact, been awarded the degree prior to the filing of the immigrant petition. NOTE: The experience gained while in graduate school working toward the degree may count no more than half-time. Example: a student who teaches one course per semester for two academic years will only receive credit for one year of teaching experience. Federal guidelines recognize only part-time employment for a full-time student. ies; receipts of international prizes or awards (see the criteria under EB-1(A) and EB-1(B)); References or descriptions as to how the alien may benefit the U.S. in the future; A statement which confirms that "Dr./Prof. X's work is in that national interest, will contribute significantly to the body of knowledge in the field of ____, and will potentially benefit U.S. business and the national economy."
C.	Diplomas, certificates, licenses, etc. to prove qualifications.

THE SOUTH ALABAMA FACULTY ADVISER OR ADMINISTRATOR MUST PROVIDE:

A.

An appointment letter stating the title, salary, and term of appointment.

B.

A summary letter discussing the work and its current and future applications, both academically and in the private sector. Describe the work, how it effects the field of study, its potential for broader applications, how the alien is essential or intimately connected to the work, the effects of this work on the U.S. and its people. Write the support letter in layman's terms. Immigration officers with bachelor's or higher degrees will usually read these letters. They cannot know your field, but they do spend most working days evaluating and synthesizing information and drawing conclusions. Convince them that the alien is doing exceptional work and that somewhere down the line this work will help someone they know. Explain how this research is useful: the effects of light on metals in lakes and oceans may help us convert toxic substances to nontoxic or create photographic film of astounding quality; a gene that affects an essential biological function can help diagnose a disease in utero and treat the fetus or the neonate; knowing the factors that make people choose certain kinds of transportation can make tax dollars earmarked for public transportation go farther. Provide documentation on how much the problem you are trying to solve costs each year in dollars, resources, or human suffering. Explain how the alien employee is essential to the success of the research?

LAWFUL PERMANENT RESIDENT ("Green Card") STATUS RULES FOR DOCUMENTS

Important note: These instructions are for visa purposes only. Licensing or certifying authorities usually have different, more stringent requirements for their purposes. If a license or certificate is required for a visa then the applicant must prepare two sets of documents: one set which meets Immigration standards for a visa; and one set which meets licensing or certifying authority standards for the granting of a license or certificate. This is frequently the case for physicians, attorneys, engineers, nurses, architects, allied health workers, etc. where the practice of a profession is controlled in part by a licensing or certifying organization or board. Only the documents appropriate to the position need to be submitted. For example, if the job requires a PhD in a specific field, then only the PhD diploma and transcript are required. Earlier degrees such as the bachelors and masters are not needed.

Equivalency evaluations must accompany foreign diplomas to show that the foreign degree is sufficient to qualify one for the position being offered. It may be necessary to have a professional credentials evaluation service do this work. For medical degrees (those recognizing the profession or qualification of physician or surgeon) the equivalency determinations have already been made by the Educational Commission for Foreign Medical Graduates (ECFMG).

Transcripts are required for diplomas which do not list the field of study or which list a general field of study which is not sufficient to establish the individual's area of expertise. 

Translations must accompany all documents not in English, including diplomas written in Latin. Translations must be certified by a US consular officer or by a recognized translation service. The Department of Homeland Security accept translations done by faculty members if the faculty member attaches a cover letter on department letterhead attesting to the accuracy of the translation and explaining his or her competence to translate. The cover letter and each page of the translation should bear the faculty member's signature and the date.

If you plan to give copies of documents instead of the originals to the translator, follow these guidelines:

1.	Make copies of the full document, not just parts of it.
2.	Be sure that information is not cut off the top or bottom by copying a long document onto shorter paper. If necessary use longer paper or use a copy machine that can reduce documents to fit the paper.
3.	If there are stamps or seals on the back of the original, be sure to make a copy of the back.
4.	If the translations are done by a translation service, be sure that they give you a translation certification either on the document or in addition to the document.
5.	If the translation is done by a South Alabama faculty member, be sure to get a separate statement on department letterhead that lists the documents translated, attests to the accuracy of the translations, has the faculty member's signature, name and title typed, and the date the certification was signed.

Photocopies of diplomas, certificates, etc. are acceptable if a certification statement is attached to the copies and is signed and dated by the alien. It is usually safest NOT to send originals of documents, and to send copies instead. DHS will not guarantee to return originals.

If you plan to send copies, prepare your documents according to the following instructions:

1.

Be sure you have or can obtain the original documents. Exception: You do not need originals of publicly available documents such as books or journal publications.

2.

Make complete and accurate copies of the documents. Use the "reduction" option on the copy machine to reduce the copy of the document to standard 8.5" X 11" page size and to ensure that no information on the original is cut off the copy. DHS prefers copies reduced to standard size. Do NOT try to tape together pieces of a large document. If the document has information on the front and back, then copy both sides.