Employment-Based Immigration Resources

Visa Category Guides

Overview pages on each supported employment-based category, with the governing regulation and adjudication framework.

USCIS Regulations

The controlling Code of Federal Regulations sections that define each category's evidence framework and adjudication standard.

• 8 CFR 204.5(h)

  EB-1A — Aliens of extraordinary ability

  Regulatory definition, 10-criterion evidence framework, and adjudication standard for the employment-based first-preference extraordinary-ability category.

• 8 CFR 204.5(i)

  EB-1B — Outstanding professors and researchers

  Regulatory definition, 6-criterion evidence framework, and the 3-year experience and qualifying-employer requirements for the outstanding-researcher category.

• 8 CFR 204.5(k)

  EB-2 — Advanced-degree professionals and aliens of exceptional ability

  Baseline EB-2 eligibility (advanced degree or exceptional ability). National Interest Waiver is a discretionary waiver of the job-offer/PERM requirements within this category.

• 8 CFR 214.2(o)

  O-1 — Aliens of extraordinary ability or achievement

  Regulatory definition, the 8-criterion extraordinary-ability evidence framework for O-1A, the advisory-opinion requirement, and the itinerary and qualifying-engagement rules.

AAO & Federal Precedent

Binding precedent decisions that shape how USCIS adjudicates extraordinary-ability and national-interest-waiver petitions.

• Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)

  Established the two-step extraordinary-ability adjudication framework: (1) objective count of the regulatory criteria met, then (2) a final merits determination on whether the record as a whole shows sustained national or international acclaim. Applied to EB-1A and, by adoption, to O-1A.

• Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

  Controlling precedent for EB-2 National Interest Waiver. Replaced the NYSDOT framework with the three-prong test: substantial merit and national importance, well-positioned to advance the endeavor, and balance favoring waiver of the job offer and labor certification.

• Matter of New York State Dept. of Transportation, 22 I&N Dec. 215 (AC 1998)

  The pre-Dhanasar NIW framework. Superseded by Dhanasar in December 2016 but cited in older case law and AAO decisions for historical context.

Official USCIS Resources

Primary sources on the USCIS and U.S. Department of State websites. These links open in a new tab.

• USCIS Policy Manual, Volume 6, Part F — Employment-Based Classifications

  Authoritative USCIS policy guidance covering EB-1, EB-2, EB-3 adjudication, including the extraordinary-ability and National Interest Waiver chapters.

• USCIS — Form I-140, Immigrant Petition for Alien Workers

  Primary form for employment-based green-card petitions (EB-1A, EB-1B, EB-2 NIW, EB-3). Includes instructions, filing fee schedule, and premium-processing availability.

• USCIS — Form I-129, Petition for a Nonimmigrant Worker

  Primary form for employer-sponsored non-immigrant petitions including O-1A. Includes instructions and the O supplement.

• USCIS Visa Bulletin

  Monthly bulletin publishing employment-based preference category final-action and filing dates. Determines when beneficiaries can file I-485 or have visas issued at consular posts.

Glossary

Terms you'll encounter in employment-based petitions and the AutoPetition workspace.

Priority Date

The date USCIS receives a properly filed I-140 (or, for PERM-required categories, the labor certification). Determines a beneficiary's place in the visa queue per the Visa Bulletin.

I-140

Immigrant Petition for Alien Workers. The primary petition form for employment-based green-card categories including EB-1A, EB-1B, EB-2 NIW, and EB-3.

I-129

Petition for a Nonimmigrant Worker. Used by employers and agents to petition for O-1A and other non-immigrant work classifications.

I-485

Application to Register Permanent Residence or Adjust Status. Filed inside the U.S. to move from a non-immigrant status to lawful permanent residence when a visa number is current.

Final Merits Determination

The second step of the Kazarian adjudication framework: after confirming an applicant has met the minimum regulatory criteria, the adjudicator assesses whether the evidence as a whole demonstrates the required level of acclaim or national importance.

RFE

Request for Evidence. A USCIS notice asking the petitioner to supply additional documentation. Typical response window is 87 days.

NOID

Notice of Intent to Deny. A stronger USCIS notice signaling the adjudicator is leaning toward denial and inviting rebuttal evidence before final action.

Premium Processing

A USCIS option (fee-based) that guarantees an adjudication action — approval, RFE, NOID, or denial — within a defined window (typically 15 business days for I-140 EB-1A and EB-2 NIW).

Concurrent Filing

Filing Form I-485 together with Form I-140 when the beneficiary is inside the U.S. and a visa number is immediately available per the Visa Bulletin.

Advisory Opinion

A written consultation required for most O-1A petitions from a peer group, labor organization, or recognized expert in the beneficiary's field.

PERM

The U.S. Department of Labor's Program Electronic Review Management process for obtaining a labor certification. EB-1A, EB-1B, and EB-2 NIW are exempt from PERM; most other EB-2 and EB-3 petitions require it.

AAO

USCIS Administrative Appeals Office. Hears appeals of certain USCIS decisions and issues precedent decisions such as Matter of Dhanasar.

Endeavor

In the EB-2 NIW context, the proposed work or field of activity the beneficiary intends to pursue. Dhanasar prong 1 requires the endeavor to have both substantial merit and national importance.