Four Ways To Avoid Labor Certification
| • EB-1A Extraordinary Ability • Very top of defined field |
• EB-1B Outstanding Professor/Researcher • Internationally recognized as outstanding in field |
• National Interest Waiver of Labor Certification • Used with EB-2 Visa petitions |
• Schedule A Group II Waiver of Labor Certification • Used with EB-2 or EB-3 Visa petitions |
| Has won Nobel or comparable prize, or meets 3/10 of criteria below. | Has three years of teaching or research experience, offer of tenured, tenure-track or comparable position and meets 2/6 of criteria below. | Area of employment must have “substantial intrinsic merit.” Proposed benefit must be national in scope. Must show that national interest would be adversely affected if a Labor Certification were required for the alien. EB-2A: job must require a masters’ degree or equivalent, alien must have this EB-2B: alien must meet 3/6 of criteria below. | Can show current widespread acclaim and international recognition. Can show work in past year required exceptional ability and meets 2/7 of criteria below. |
| Has won lesser national or international prizes | Has won major prizes or awards | Has academic credential in the area of ability | Has won internationally recognized prizes or awards |
| Is a member of association(s) that require outstanding achievements, as judged by national or international experts | Is a member of association(s) that require outstanding achievement | Is a member of a professional association | Is a member of international association(s) that require outstanding achievement, as judged by international experts |
| Has been the subject of articles or other publications in major trade, professional or other media | Work has been written about (by others) in professional publications or journals | Has a license or certification in a profession or occupation | Has been the subject of published material in professional publications |
| Participates as judge of the work of others in the field (individually or on a panel) | Participates as judge of the work of others in the field | Can verify 10 years full-time experience in area of ability | Participates as judge of the work of others in the field (individually or on a panel) |
| Has made original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to defined field | Has made original scientific or scholarly research contributions to the field | Has been recognized for achievements and significant contributions by peers, government, or professional or business organizations | Has made original scientific or scholarly contributions of major significance to defined field |
| Has had commercial success in the arts, as measured by ticket or recording sales | Has authored scholarly books, or articles in journals with international circulation | N/A | Has authored scholarly scientific articles in international journals, or journals with international circulation |
| Has had work displayed at artistic exhibitions or showcases | N/A | N/A | Has had work displayed at artistic exhibitions in more that one country |
| Commands high salary or compensation relative to others in the field | N/A | Commands a salary or other remuneration that demonstrates exceptional ability | N/A |
| Performs leading or critical role for distinguished organizations | N/A | N/A | N/A |
| Other comparable evidence | N/A | Other comparable evidence | N/A |
| Does not require labor certification, does not require job offer, but must work in field. Alien may self-petition. | Does not require labor certification, does require job offer (see above). Alien may not self-petition. | Does not require job offer. Alien may self-petition. | Requires job offer. Alien may not self-petition. |
| To check current processing times, click on the name of your service center. The type of application is Form I-485 “Employment-based Adjustment Applications” |
| Nebraska Service Center | California Service Center |
| Texas Service Center | Vermont Service Center |