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Reference Guide - O-1 / EB-1A / EB-2 NIW - approved

Updated: Author: Alina Kanametova

Reference Guides 17 pages Anonymized Access on request

A regulatory excerpt from 8 CFR 204.5 on employment-based immigrant petitions and evidence rules. It covers I-140 and I-360 filing, priority dates…

O-1 EB-1A EB-2 NIW Petition After filing

About this document

A regulatory excerpt from 8 CFR 204.5 on employment-based immigrant petitions and evidence rules. It covers I-140 and I-360 filing, priority dates, wage-ability proof, and the initial evidence needed for EB-1A, EB-1B, EB-1C, EB-2, and EB-3 classifications. It also states when labor certification, job offers, or national-interest waivers are required or not required.

Key points

  • I-140 is the main form for EB-1, EB-2, and EB-3 employment-based immigrant petitions; I-360 is used for special immigrants.
  • Each applicant needs a separate I-140 or I-360, with the required fee and supporting documents.
  • Priority date rules differ by labor certification, Schedule A, and no-labor-certification cases; prior approved petitions can retain an earlier date.
  • Priority date retention can be lost if USCIS approval is revoked for fraud, Labor revocation, certificate cancellation, or material error.
  • Employment-based petitions with a job offer must show the employer can pay the offered wage from priority date until permanent residence.
  • EB-1A requires national or international acclaim plus a major award or at least 3 listed types of evidence; no job offer or labor certification is required.
  • EB-1B requires 2 of 6 evidence types, 3 years of teaching/research, and a qualifying permanent job offer; no labor certification is required.
  • EB-1C requires 1 year abroad in a managerial or executive role, a qualifying related employer relationship, and a U.S. job offer in a managerial or executive role.

What is inside

  1. Priority date
  2. Evidence requirements
  3. EB-1A extraordinary ability
  4. EB-1B outstanding professor/researcher
  5. EB-1C multinational managers/executives
  6. EB-2 advanced degree / exceptional ability
  7. EB-3 skilled, professional, other workers

When it helps

A regulatory reference for how employment-based immigrant classifications are filed and what evidence each category needs. It serves as background support for an EB-1A, EB-1B, EB-1C, EB-2 NIW, or EB-3 filing structure.

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Source: Community (anonymized). The material opens on the site. Reference material, not legal advice.

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