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)
U.S. Employer Seeking Schedule A, Group I For An E-21 Member Of The Professions Holding An Advanced Degree (Physical Therapist), or An E-32 Professional or E-31 Skilled Worker And Are Seeking Professional Nurse Certification
• For all alien beneficiaries:
o e classification sought (such as holding either an advanced degree, baccalaureate degree, or requisite two years of education)
• For alien beneficiaries who will be employed as physical therapists:
o Evidence showing the alien holds a permanent license to practice in the state of intended employment; or
o A letter or statement, signed by an authorized state physical therapy licensing official, stating the alien is qualified to take the state’s written licensing examination for physical therapists.
• For alien beneficiaries who will be employed as registered/professional nurses:
o Evidence showing they received a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS); or
o Evidence showing they hold a full, unrestricted, permanent license to practice professional nursing in the state of intended employment; or
o Evidence showing they passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN), administered by the National Councile of State Boards of Nursing.
• For the employers:
o A completed and signed Application for Permanent Employment Certification
o A certified ETA Form 9141, Prevailing Wage Determination issued by the DOL
o Evidence showing you notified your bargaining representative that you filed the Application for Permanent Employment Certification; or
o Evidence showing you posted a notice at your facility or location of the employment that you filed the Application for Permanent Employment Certification, if there is no bargaining representative. In this case, you must post the notice for at least 10 consecutive business days. The notice of filing must:
▪ State you are posting the notice because you filed an application for permanent alien labor certification for the relevant job opportunity;
▪ State any person may provide evidence regarding the application to the DOL certifying officer;
▪ Provide the address of the appropriate certifying officer; and
▪ Be posted between 30 and 180 days before filing the petition with USCIS.
o Copies of all in-house media concerning the job opening, whether electronic or printed.
U.S. Employer Filing For An E-21 Member Of The Professions Holding An Advanced Degree or An Alien Of Exceptional Ability, or E-32 Professional And Are Seeking Schedule A, Group II (Sciences, Arts, And Performing Arts) Certification
• For all alien beneficiaries:
o Evidence showing they qualify for the classification sought (such as holding either an advanced degree or foreign equivalent degree, the requisite qualifications for exceptional ability, or a baccalaureate degree or foreign equivalent degree)
• For exceptional ability in the sciences or arts:
o Widespread acclaim and international recognition from experts in the alien’s field
o Documentation showing the alien’s work in that field during the past year did (and their intended work in the U.S. will) require exceptional ability
o Two of the following types of evidence:
▪ Documentation of the alien’s receipt of internationally recognized prizes or awards for excellence in the field for which certification is sought;
▪ Documentation of the alien’s membership in international associations in the field for which certification is sought, which require outstanding achievement of their members, as judged by recognized international experts in their disciplines or fields;
▪ Material published in professional publications about the alien’s work in the field for which certification is sought, which includes the title, date, and author of such published material;
▪ Evidence of the alien’s participation on a panel, or individually, as a judge of the work of others in the same or similar field of specialization to that for which certification is sought;
▪ Evidence of the alien’s original scientific or scholarly research contributions of major significance in the field for which certification is sought;
▪ Evidence of the alien’s authorship of published scientific or scholarly articles in the field for which certification is sought, in international professional journals or professional journals with an international circulation;
▪ Evidence of the display of the alien’s work, in the field for which certification is sought, at artistic exhibitions in more than one country.