Employment-Based Immigration: EB-1, EB-2, EB-3, EB-4, EB-5
(2) USCIS Form I-140의 심사
취업이민 초청장 이민국양식 I-140을 작성하는 방식은 이민국 홈페이지https://www.uscis.gov/i-140 에 상세히 설명되어 있습니다. 독자의 이해를 돕기 위하여 이민국양식 I-140에 일반적으로 요구되는 증거서류를 영문원본으로 먼저 소개하고 그 내용에 관해서 예를들어 설명하도록 하겠습니다.
Required Initial Evidence for Form I-140 (for informational purposes only)
E-12 U.S. Employer Filing For An Outstanding Professor or Researcher
• Evidence the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Include at least two of the following:
o Receipt of major prizes or awards for outstanding achievement in the academic field;
o Membership in associations in the academic field that require outstanding achievements of their members;
o Published material in professional publications written by others about the alien’s work in the academic field;
o Participation on a panel or individually as the judge of others’ work in the same or a related academic field;
o Original scientific or scholarly research contributions to the academic field; or
o Authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.
o If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence.
• Evidence the alien has at least three years of experience in teaching and/or research in the academic field
• If you are a university or other institution of higher education, an offer of employment in the form of a letter indicating that you intend to employ the alien in a tenured or tenure-track position as a teacher or in a permanent position as a researcher in the alien’s academic field
• If you are a private employer:
o An offer of employment in the form of a letter indicating you intend to employ the alien in a permanent research position in the alien’s academic field;
o Evidence you employ as least three full-time researchers (other than the beneficiary); and
o Evidence you have achieved documented accomplishments in an academic field.
E-13 U.S. Employer Filing For An Multinational Executive or Manager
• A statement from you or an authorized official demonstrating that:
o The beneficiary has been employed as an executive or manager abroad by a qualifying related entity for at least one year in the three-year period prior to the I-140 filing or the most recent nonimmigrant admission in an executive or managerial capacity;
o You have been doing business in the U.S. for at least one year;
o A qualifying related entity abroad currently continues to do business;
o The alien will work in the United States in a managerial or executive capacity. You should include a description of the duties they will perform.
E-21 Alien Who Holds An Advanced Degree or Has Exceptional Ability And Seeks A Labor Certification Waiver In The National Interest, Commonly Called A National Interest Waiver (NIW)
• If the alien holds an advanced degree:
o An official academic record showing they have a U.S. advanced degree or a foreign equivalent degree, or
o An official academic record showing they have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing they have at least five years of progressive post-bacclaureate experience in the specialty.
• If the alien is seeking to qualify as having an exceptional ability in the sciences, arts, or business:
o An official academic record showing they have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
o A letter from a current or former employer showing the alien has at least 10 years of full-time experience in the occupation;
o A license to practice the profession or certification for a particular profession or occupation;
o Evidence the alien has commanded a salary or other pay for services that demonstrates exceptional ability;
o Evidence of membership in professional associations; or
o Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
o If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s exceptional ability.
• If waiving the job offer/labor certification requirement:
o Either Parts J, K, L, and M of ETA Form 9089 or Part B of the Form ETA 750;
o Evidence showing the waiver would be in the national interest, including:
▪How their proposed endeavor has both substantial merit and national importance;
▪How the alien is well-positioned to advance the proposed endeavor; and
▪How it would be beneficial to the United States to waive the job offer, and thus the labor certifications requirements.