Employment based Visas

 

8 CFR § 204.5 Petitions for employment-based immigrants.

 

In general, a petition to classify an alien under section 203(b)(1), 203(b)(2), or 203(b)(3) of the Act must be filed on Form I–140, Petition for Immigrant Worker and Form I–360 as applicable.

 
The petition must be accompanied by:
 

  • any required individual labor certification, or
  • application for Schedule A designation, or
  • evidence that the alien’s occupation qualifies as a shortage occupation within the Department of Labor’s Labor Market Information Pilot Program; and
  • by any other required supporting documentation.

 

In general, the Initial evidence will consist of:
 

  • Evidence relating to qualifying experience or training shall be in the form of letter (s) 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.

 
Evidence relating to the ability of prospective employer to pay wage:
 

  • Any petition filed by or for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of:

 

  • copies of annual reports,
  • federal tax returns, or audited financial statements.
  • In a case where the prospective United States employer employs 100 or more workers, the director may accept a statement from a financial officer of the organization which establishes the prospective employer’s ability to pay the proffered wage.
  • In appropriate cases, profit/loss statements, bank account records, or personnel records, may be submitted by the petitioner or requested by the Service.

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