Instructions For Form I-140 - Immigrant Petition For Alien Worker (Page 4 of 10) in pdf

E. If you are a private employer, an offer of employment in the form of a letter indicating that you intend to employ

the beneficiary in a permanent research position in the academic field, and evidence that you employ at least three

full-time researchers and have achieved documented accomplishments in the field.

3. A U.S. employer filing for a multinational executive or manager (Part 2., Item Number 1.c. on the petition)

must file the petition with a statement which demonstrates that:

A. If the worker is now employed outside the United States, he or she has been employed outside the United States

for at least one year in the past three years in an executive or managerial capacity by the petitioner or by its parent,

branch, subsidiary, or affiliate; or, if the worker is already employed in the United States, he or she was employed

outside the United States for at least one year in the three years preceding admission as a nonimmigrant in an

executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate;

B. The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or

corporation or other legal entity by which the alien was employed abroad;

C. The prospective U.S. employer has been doing business for at least one year; and

D. The alien is to be employed in the United States in a managerial or executive capacity. You should include a

description of the duties he or she will perform.

4. A U.S. employer (or any person, employer, or third party requesting a National Interest Waiver) who is filing

for a member of the professions with an advanced degree or a person with exceptional ability in the sciences,

arts, or business (Part 2., Item Number 1.d., for a petition filed by an employer with a Schedule A or individual

labor certification, or Item Number 1.i., for a petition that requests a National Interest Waiver, on the petition)

must file the petition with:

A. A labor certification (see the General Evidence section of these Instructions), or a request for a waiver of a job

offer because the employment is deemed as in the national interest, with documentation provided to show that the

beneficiary’s presence in the United States would be in the national interest, and either:

(1) An official academic record showing that the alien has a U.S. advanced degree or an equivalent foreign

degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or an equivalent

foreign degree and letters from current or former employers showing that the alien has at least five years of

progressive post-baccalaureate experience in the specialty; or

(2) At least three of the following:

(a) An official academic record showing that the alien has a degree, diploma, certificate, or similar award

from an institution of learning relating to the area of exceptional ability;

(b) Letters from current or former employers showing that the alien has at least 10 years of full-time

experience in the occupation for which he or she is being sought;

(d) Evidence that the alien has commanded a salary, or other remuneration for services that demonstrates

exceptional ability;Evidence of membership in professional associations; or

(e) Evidence of recognition for achievements and significant contributions to the industry or field by peers,

governmental entities, or professional or business organizations.

(3) If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence to

establish the alien’s eligibility.

5. A U.S. employer filing for a professional (Part 2., Item Number 1.e. on the petition) must file the petition with:

A. A labor certification (see the General Evidence section of these Instructions);

B. Evidence that the alien holds a U.S. baccalaureate degree or equivalent foreign degree; and

C. Evidence that a baccalaureate degree is required for entry into the occupation.

Form I-140 Instructions 01/17/17 N

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Instructions For Form I-140 - Immigrant Petition For Alien Worker Page 4