Immigrant Visa: Supporting Evidence Required for Employment-based Immigrant Visa Petitions

Background

One way for a noncitizen to be sponsored for an immigrant visa is for an employer to submit a petition on behalf of the noncitizen to the United States Citizenship Immigration Services (USCIS) for an employment based immigrant visa.

To be eligible for such a visa, the noncitizen must belong to one of the USCIS' "preference classifications" of workers. For some preference classifications, the petition must have certain kinds of supporting evidence.

This document describes the supporting evidence employers must provide in certain cases when petitioning for an employment-based immigrant visa on behalf of a noncitizen. For more information, see the following documents:

Supporting Evidence

In the context of this document, "supporting evidence" is evidence that indicates that the noncitizen meets the qualifications of a given preference classification.

Not all preference classifications require supporting evidence. Those that do are indicated in "Preference Classifications" below.

Note: Depending on the preference classification, petitions may require other kinds of supporting documentation besides the supporting evidence described in this document. For more information, refer to Immigrant Visa: Petitioning for an Employment-Based Immigrant Visa.

Preference Classifications

The following table lists the preference classifications relevant to Research Foundation (RF) employment and indicates whether supporting evidence is required. The required supporting evidence is described following the table:

Preference Classification

Supporting Evidence Required?

Yes

No

1

Priority workers, including:

a. noncitizens of extraordinary ability

b. outstanding professors and researchers

c. managers and executives subject to transfer to the U.S.


x
x





x

2

a. noncitizens of exceptional ability

b. advanced degree professionals

x


x

3

a. professionals with bachelor's degrees not qualifying in the second preference

b. skilled workers

c. unskilled workers

 

x

x
x

Supporting Evidence for Classification 1(a)

A petition for a noncitizen of extraordinary ability must be accompanied by evidence to prove national or international recognition and acclaim.

Evidence of a major, internationally recognized award, such as an Academy Award or a Nobel Prize, is sufficient to prove extraordinary ability.

In the absence of such an award, evidence of at least three of the following is also acceptable:

Supporting Evidence for Classification 1(b)

A petition filed under this category must include evidence of at least three years of research and/or teaching experience. The evidence must be in the form of letters from prior employers detailing previous employment experience, including exact dates of employment and a detailed description of the dutiesperformed.

The petition must also provide evidence that the person is recognized as internationally outstanding in the specific academic area. This evidence must be in the form of documentation of at least two of the following:

Supporting Evidence for Classification 2(a)

The petition must be supported by evidence of at least three of the following:

 

 

Feedback
Was this document clear and easy to follow? Please send your feedback to webfeedback@rfsuny.org.

Copyright © 2011 The Research Foundation of State University of New York