Checklist of Required Initial Evidence for Form I-140 (for informational purposes only)

Please do not submit this checklist with your Form I-140. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations. You may view the form instructions at uscis.gov/i-140.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

General Requirements

Did you provide the following?

  • An original certified ETA Form 9089, Application for Permanent Employment Certification, for petitions seeking to classify the alien as a:
    • Member of the professions holding an advanced degree or alien of exceptional ability, 
    • Professional, 
    • Skilled worker, or 
    • Unskilled (other) worker
  • An original certified Form ETA 750, Application for Alien Employment Certification, if you are seeking to classify the beneficiary as a professional athlete with exceptional ability
  • Proof you can pay the beneficiary the offered wage from the priority date until they become a permanent resident in the case of:
    • E-12, outstanding professors and researchers, 
    • E-13, multinational executives and managers, 
    • E-21, members of the professions holding an advanced degree or aliens of exceptional ability (except for National Interest Waivers), 
    • E-32, professionals, 
    • E-31, skilled workers, and 
    • EW-3unskilled (other) workers.  
  • Evidence related to qualifying experience or training shall be in the form of letter(s) from current or former employer(s) or trainer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien or the training received.

E-11 Alien With Extraordinary Ability In The Sciences, Arts, Education, Business, or Athletics

Did you provide the following?

  • Evidence the alien has sustained national or international acclaim and the achievements are recognized in the field of expertise. This evidence should include:
    • Evidence of a one-time achievement (that is, a major, internationally recognized award); or
    • At least three of the following:
      • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
      • Membership in associations in the field, which require outstanding achievements as judged by recognized national or international experts;
      • Published material about the alien in professional or major trade publications or other major media;
      • Participation on a panel or individually as a judge of others’ work in the field or a related field;
      • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
      • Authorship of scholarly articles in the field in professional or major trade publications or other major media;
      • Display of the alien’s work at artistic exhibitions or showcases;
      • Evidence the alien has performed in a leading or critical role for organizations or establishments that have distinguished reputations;
      • Evidence the alien has commanded a high salary or other significantly high pay for services; or
      • Evidence of commercial successes in the performing arts as shown by box office receipts or music or video sales. 
      • If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence.
  • Evidence the alien is coming to the United States to continue work in the area of expertise.

U.S. Employer Filing For An E-12 Outstanding Professor or Researcher

Did you provide the following?

  • 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:
    • Receipt of major prizes or awards for outstanding achievement in the academic field;
    • Membership in associations in the academic field that require outstanding achievements of their members;
    • Published material in professional publications written by others about the alien’s work in the academic field;
    • Participation on a panel or individually as the judge of others’ work in the same or a related academic field;
    • Original scientific or scholarly research contributions to the academic field; or 
    • Authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.
    • 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:
    • 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;
    • Evidence you employ as least three full-time researchers (other than the beneficiary); and
    • Evidence you have achieved documented accomplishments in an academic field.

U.S. Employer Filing For An E-13 Multinational Executive or Manager

Did you provide the following?

  • A statement from you or an authorized official demonstrating that:
    • 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;
    • You have been doing business in the U.S. for at least one year;
    • A qualifying related entity abroad currently continues to do business;
    • 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)

Did you provide the following?

  • If the alien holds an advanced degree:
    • An official academic record showing they have a U.S. advanced degree or a foreign equivalent degree, or 
    • 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:
    • 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;
    • A letter from a current or former employer showing the alien has at least 10 years of full-time experience in the occupation;
    • A license to practice the profession or certification for a particular profession or occupation;
    • Evidence the alien has commanded a salary or other pay for services that demonstrates exceptional ability;
    • Evidence of membership in professional associations; or
    • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    • 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:
    • Either Parts J, K, L, and M of ETA Form 9089 or Part B of the Form ETA 750;
    • Evidence showing the waiver would be in the national interest, including:
      • How ther 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.
         

E-21 Alien Physician Who Seeks A Waiver Of The Labor Certification Based Upon Service In A Medically Underserved Area or Veterans Administration (VA) Facility

Did you provide the following?

  • A request for a National Interest Waiver
  • An official academic record showing the alien has a U.S. advanced degree or a foreign equivalent degree
  • Evidence of a full, unrestricted medical license for the state of intended employment or eligibility for such license 
  • Employment contract or employment commitment letter
  • Evidence the physician will provide full-time clinical medical service:
    • In a geographic area or areas designated by the Secretary of Health and Human Services (HHS) as having a shortage of health care professionals and in a medical specialty that is within the scope of the secretary’s designation for the geographic area or areas; or 
    • In a facility under the jurisdiction of the secretary of the VA.
  • Public interest letter
  • Evidence for aliens who are graduates of medical schools not accredited by the Secretary of Education:
    • Evidence of having passed Parts I and II of the National Board of Medical Examiners Examination (NBME) (or an equivalent examination as determined by the Secretary of HHS);
    • Competence in oral and written English (Educational Commission for Foreign Medical Graduates (ECFMG) certification)
  • Evidence of an approved I-601 waiver if the alien was in J-1 status in the U.S. and receiving medical training. 

U.S. Employer (Business or An Individual) Filing For An E-21 Member Of The Professions Holding An Advanced Degree or An Alien Of Exceptional Ability; E-32 Professional; E-31Skilled Worker; or EW-3 Unskilled (Other) Worker

Did you provide the following?

  • An ETA Form 9089, Application for Permanent Employment Certification, that has been certified by the Department of Labor
  • If you are filing for a member of the professions holding an advanced degree: 
    • An official academic record showing the alien has a U.S. advanced degree or a foreign equivalent degree, or 
    • An official academic record showing they have has 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; and
    • Evidence showing they have has any required experience.
  • If filing for an alien of exceptional ability:
    • Evidence showing the alien qualifies as an alien of exceptional ability through the provision of three of six forms of evidence identified above (under the section for NIWs).
  • If filing for a professional:
    • An official college or university record showing the alien holds a United States baccalaureate degree or a foreign equivalent degree; 
    • Evidence showing they are a member of the professions; and
    • Evidence demonstrating they have any required experience.
  • If filing for a skilled worker:
    • Evidence the alien meets the educational, training or experience, and any other requirements of the individual labor certification (The minimum requirement is two years of training or experience). 
  • If filing for an unskilled (other) worker:
    • Evidence the alien meets any educational, training, and experience, and other requirements of the labor certification.

Alien Belonging To A U.S. Professional Athletic Team And Is Filing As An E-21 Alien Of Exceptional Ability As A Professional Athlete

Did you provide the following?

  • A Form ETA 750, Application for Alien Employment Certification, that was certified by the DOL’s Atlanta National Process Center.
  • Evidence showing the alien qualifies as an alien of exceptional ability, as articulated under the section on NIWs.
  • Evidence showing the petitioner is a team that is a member of an association of six or more professional sports teams whose total combined revenues exceed $10 million per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or 
  • Evidence showing the petitioner is a minor league team that is affiliated with such an association.

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

Did you provide the following? 

  • For all alien beneficiaries:
    • Evidence showing they qualify for the 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:
    • Evidence showing the alien holds a permanent license to practice in the state of intended employment; or
    • 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:
    • Evidence showing they received a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS); or
    • Evidence showing they hold a full, unrestricted, permanent license to practice professional nursing in the state of intended employment; or
    • 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:
    • A completed and signed Form ETA 750, Application for Alien Employment Certification, or ETA Form 9089, Application for Permanent Employment Certification
    • A certified ETA Form 9141, Prevailing Wage Determination issued by the DOL 
    • Evidence showing you notified your bargaining representative that you filed the Application for Permanent Employment Certification; or
    • 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.
    • 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

Did you provide the following?

  • For all alien beneficiaries:
    • 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 abilty in the sciences or arts:
    • Widespread acclaim and international recognition from experts in the alien’s field
    • 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
    • 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.
  • For exceptional abilty in the performing arts:
    • Evidence the alien’s work experience requires exceptional ability
    • Evidence of the alien’s exceptional abilty, such as:
      • Documentation attesting to the current widespread acclaim and international recognition accorded to the alien, and receipt of internationally recognized prizes or awards for excellence;
      • Published material by or about the alien, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals, which includes the title, date, and author of such material;
      • Documentary evidence of earnings corresponding with the claimed level of ability;
      • Playbills and star billings;
      • Documents attesting to the outstanding reputation of theaters, concert halls, night clubs, and other establishments in which the alien has appeared or is scheduled to appear; and/or
      • Documents attesting to the outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations in which or with which the alien has performed during the past year in a leading or starring capacity.
  • For employers:
    • A completed and signed ETA Form 9089, Application for Permanent Employment Certification or Form ETA 750, Application for Alien Employment Certification
    • A certified ETA Form 9141, Prevailing Wage Determination, issued by the DOL 
    • Evidence showing you notified the bargaining representative that you filed the Application for Permanent Employment Certification; or
    • 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.
    • Copies of any and all in-house media concerning the job opening, whether electronic or printed.

U.S. Employer Filing For An EW-3 Unskilled (Other) Worker To Perform Services As A Sheepherder Without Obtaining A Labor Certification From The Department of Labor First

Did you provide the following?

  • A completed and signed Application for Permanent Employment Certification, ETA Form 9089
  • A certified ETA Form 9141, Prevailing Wage Determination, issued by the DOL
  • Signed letters from each of the alien’s U.S. employers during the preceding 36 months, attesting they worked in the U.S. lawfully and continuously as a sheepherder for at least 33 of the immediately preceding 36 months;
  • Evidence showing you notified the bargaining representative that you filed the Application for Permanent Employment Certification; or
  • Evidence showing you posted the 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 most post the notice for at least 10 consecutive business days. The notice of filing must:
    • State you are providing 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 application.
  • Copies of any and all in-house media concerning the job opening, whether electronic or printed.

 

ADDITIONAL INFORMATION

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