A Form I-140 (Petition for Alien Worker) must be filed with the USCIS Regional Service Center that serves the area of intended employment. Before the Form I-140 can be filed with the USCIS in the EB-2 category, the alien must first obtain a labor certification from the U.S. Department of Labor. A labor certification is a test of the U.S. labor market to determine whether qualified U.S. workers are available and willing to fill the job in question. Please see the section entitled Labor Certification for more information.

In the EB-2 category, if you are a worker with exceptional ability in the sciences, arts, or business, a labor certification is not required if the alien can demonstrate that granting the petition is in the national interest and files a National Interest Waiver application (“NIW”). There are two kinds of NIW applications available: the standard case and the physician NIW. Please see the section entitled National Interest Waiver for more information.

Upon approval of a labor certification application, the alien may file the Form I-140 (also called the “Immigrant Visa Petition”) with USCIS. The Immigrant Visa Petition packet must be accompanied by evidence that the Petitioner has the ability to pay the proffered salary from the time the labor certification was filed until present and evidence that the alien meets the minimum requirements for the job opportunity.

Once the I-140 immigrant visa petition is approved, the alien and his/her spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the United States or through consular processing at a U.S. Consulate outside of the United States.

This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.