Skip to main content
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
  • Topics

    • Family

      • Family of Green Card Holders (Permanent Residents)
      • Family of Refugees and Asylees
      • Family of U.S. Citizens
    • Adoption

      • Before You Start
      • Immigration through Adoption
    • Military

      • Citizenship for Military Family Members
      • Naturalization Through Military Service
    • Humanitarian

      • Humanitarian Parole
      • Refugees and Asylum
      • Temporary Protected Status
    • Visit the U.S.

      • Change My Nonimmigrant Status
      • Extend Your Stay
    • Working in the United States

      • Permanent Workers
      • Temporary (Nonimmigrant) Workers
    • Avoid Scams

      • Common Scams
      • Find Legal Services
      • Report Immigration Scams
    • Careers at USCIS

      • Career Opportunities
      • Special Hiring Programs
  • Forms

    • Most Accessed Forms

      • I-485, Application to Register Permanent Residence or Adjust Status
      • I-765, Application for Employment Authorization
      • I-90, Application to Replace Permanent Resident Card (Green Card)
      • N-400, Application for Naturalization
    • All Forms

    • File Online

    • Family Based Forms

      • I-129F, Petition for Alien Fiancé(e)
      • I-130, Petition for Alien Relative
      • I-360, Petition for Amerasian, Widow(er), or Special Immigrant
      • I-600, Petition to Classify Orphan as an Immediate Relative
      • I-751, Petition to Remove Conditions on Residence
    • Employment Based Forms

      • I-9, Employment Eligibility Verification
      • I-129, Petition for a Nonimmigrant Worker
      • I-140, Immigrant Petition for Alien Workers
      • I-526, Immigrant Petition by Standalone Investor
      • I-539, Application to Extend/Change Nonimmigrant Status
    • Humanitarian Based Forms

      • I-134A, Online Request to be a Supporter and Declaration of Financial Support
      • I-589, Application for Asylum and for Withholding of Removal
      • I-730, Refugee/Asylee Relative Petition
      • I-821, Application for Temporary Protected Status
  • Newsroom

    • All News

      • Alerts
      • Fact Sheets
      • News Releases
    • Media Contacts

    • Multimedia Gallery

    • Social Media Directory

    • Speeches, Statements, Testimony

  • Citizenship

    • Learners

      • Apply for Citizenship
      • Learn About Citizenship
      • Naturalization Test and Study Resources
    • Educators

      • Educational Products for Educators
      • Resources for Educational Programs
      • Teacher Training Sessions
    • Organizations

      • Outreach Tools
      • Civic Integration
      • Interagency Strategy for Promoting Naturalization
      • Naturalization-Related Data and Statistics
    • Grants

      • Learn About the Citizenship and Integration Grant Program
      • Success Stories from Grant Recipients
  • Green Card

    • Green Card Processes and Procedures

      • Adjustment of Status
      • After We Grant Your Green Card
      • Employment Authorization Document
      • Visa Availability and Priority Dates
    • Green Card Eligibility Categories

    • How to Apply for a Green Card

    • Replace Your Green Card

    • While Your Green Card Application Is Pending with USCIS

  • Laws

    • Legislation

      • Immigration and Nationality Act
    • Class Action, Settlement Notices and Agreements

    • Unlawful Presence and Inadmissibility

    • Policy Manual

    • Regulations

    • Administrative Appeals

  • Tools

    • Self-Help Tools

      • Check Case Processing Times
      • Case Status Online
      • Change of Address
      • E-Request
      • Password Resets and Technical Support
    • Website Resources

      • Archive
      • A-Z Index
      • Website Policies
    • Additional Resources

      • Explore my Options
      • Immigration and Citizenship Data
      • Multilingual Resource Center
      • USCIS Tools and Resources
  • Contact us
  • Multilingual Resources
Policy Manual
Contents
Updates
INA
8 CFR
Glossary
Feedback
 
 
Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
      • Part A - Immigrant Policies and Procedures
      • Part B - Family-Based Immigrants
      • Part C - Adam Walsh Act
      • Part D - Surviving Relatives
      • Part E - Employment-Based Immigration
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Eligibility Requirements
        • Chapter 3 - Successor-in-Interest in Permanent Labor Certification Cases
        • Chapter 4 - Ability to Pay
        • Chapter 5 - Reserved
        • Chapter 6 - Permanent Labor Certification
        • Chapter 7 - Schedule A Designation Petitions
        • Chapter 8 - Documentation and Evidence
        • Chapter 9 - Evaluation of Education Credentials
        • Chapter 10 - Decision and Post-Adjudication
      • Part F - Employment-Based Classifications
      • Part G - Investors
      • Part H - Designated and Special Immigrants
      • Part I - Family-Based Conditional Permanent Residents
      • Part J - Special Immigrant Juveniles
      • Part K - CNMI Resident Status
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
Breadcrumb
  1. Home
  2. Policy Manual
  3. Volume 6 - Immigrants
  4. Part E - Employment-Based Immigration

Part E - Employment-Based Immigration

Content navigation tabs
  • Guidance
  • Resources (50)
  • Appendices (1)
  • Updates (8)
  • History (0)

Resources

Legal Authorities

20 CFR 656 - Labor Certification Process for Permanent Employment of Aliens in the United States

20 CFR 656.10 - General Instructions

20 CFR 656.11 - Substitutions and modifications to applications

20 CFR 656.15 - Applications for labor certification for Schedule A occupations

20 CFR 656.17 - Basic labor certification process

20 CFR 656.20 - Audit Procedures

20 CFR 656.26 - Board of Alien Labor Certification Appeals review of denials of labor certification

20 CFR 656.3 - Definitions

20 CFR 656.30(a) - Priority date

20 CFR 656.30(b) - Expiration of labor certifications

20 CFR 656.30(e) - Duplicate labor certifications

20 CFR 656.32 - Revocation of approved labor certifications

20 CFR 656.5 - Schedule A

72 FR 27904 (PDF) - Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

8 CFR 1.2 - Definitions

8 CFR 103.2(a)(7)(ii)(D) - Benefit requests submitted

8 CFR 103.3 - Denials, appeals, and precedent decisions

8 CFR 204.2(a)(1)(ii) - Fraudulent marriage prohibition

8 CFR 204.5(a)-(l), (n) - Petitions for employment-based immigrants

8 CFR 204.5(d) - Priority date

8 CFR 204.5(e) - Retention of section 203(b)(1), (2), or (3) priority date

8 CFR 204.5(g)(1) - Initial evidence

8 CFR 204.5(g)(2) - Ability of prospective employer to pay wage

8 CFR 204.5 - Petitions for employment-based immigrants

8 CFR 205.1 - Automatic revocation

8 CFR 205.2 - Revocation on notice

8 CFR 245.1(g) - Availability of immigrant visas under section 245 and priority dates

INA 201 - Worldwide level of immigration

INA 202 - Numerical limitations on individual foreign states

INA 203 - Allocation of immigrant visas

INA 203(b)(1)(A) - Aliens with extraordinary ability

INA 203(b)(1), (2), (3) - Preference allocation for employment-based immigrants

INA 203(b)(2) - Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability

INA 203(b)(2)(B) - Waiver of the job offer

INA 203(b)(3) - Skilled workers, professionals, and other workers

INA 203(g) - Allocation of immigrant visas; lists

INA 204(c) - Procedure for granting immigrant status; limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriage entered into in order to evade immigration laws; restriction on future entry of aliens involved with marriage fraud

INA 204(j) - Job flexibility for long delayed applicants for adjustment of status to permanent residence

INA 204, 8 CFR 204 - Procedure for granting immigrant status

INA 205 - Revocation of approval of petitions; effective date

INA 212(a)(5) - Labor certification and qualifications for certain immigrants

Pub. L. 106-313 (PDF) - Section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (Oct. 17, 2000) Increased job flexibility for long delayed applicants for adjustment of status

Forms

ETA Form 9089, Application for Permanent Employment Certification (PDF)

Form ETA-9141, Application for Prevailing Wage Determination (PDF)

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-140, Immigrant Petition for Alien Worker

I-290B, Notice of Appeal or Motion

I-485, Application to Register Permanent Residence or Adjust Status

Other Materials

Business Structures (PDF, 415.56 KB)

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

Appendix: Sample Notice of Filing

There is no specific form that petitioning employers must use to comply with the notice of filing requirements for Schedule A petitions. The following is a sample notice of filing that petitioners may elect to use in the workplace. USCIS developed this sample for stakeholders’ convenience. It is not intended to be relied upon to create or confer any right(s) or benefit(s), substantive or procedural, enforceable at law by any person or other party in benefit applications before USCIS, in removal proceedings, in litigation with the United States, or in any other form or manner.

Officers should accept notices that are modeled after the sample, but should not require use of the exact sample. Petitioning employers may use other notice formats as long as they comply with the DOL regulations.

Notice of the Filing of the Application for Permanent Employment Certification

This notice is being provided as a result of the filing of an Application for Permanent Employment Certification (ETA Form 9089). The employer intends to permanently employ a foreign national in the job opportunity described below.

Any person may provide documentary evidence bearing on the application to the Certifying Officer of the U.S. Department of Labor. The address of the Certifying Officer is:

_____________________________________________________________________

This Notice of Filing will be posted between 30 and 180 days before filing the permanent labor certification application.

INFORMATION ABOUT THE JOB OPPORTUNITY

EMPLOYER’S NAME: _________________________________________________________

POSITION TITLE: ____________________________________________________________

POSITION DUTIES: __________________________________________________________

___________________________________________________________________________

RATE OF PAY: $________ per ____________

ADDRESS(ES) OF EMPLOYMENT: ______________________________________________

____________________________________________________________________________

EMPLOYER STATES:

  • There is no bargaining representative for the job opportunity with the employer in the location(s) of intended employment.

  • This notice was clearly visible and unobstructed while posted. It was posted for at least ten (10) consecutive business days in a conspicuous location in the workplace, where the employer’s U.S. workers could readily read the posted notice, including but not limited to locations in the immediate vicinity of the wage and hour notices.

  • DATE POSTED: __________________________________ 

  • DATE REMOVED: ________________________________ 

  • LOCATION(S) WHERE THE NOTICE WAS POSTED: ___________________________________________________________________________________________________________________________

 [SIGNATURE]                                             DATE

___________________________       ___________________________

[PRINTED NAME AND TITLE]

___________________________

Updates

POLICY ALERT - Establishing an Employer’s Ability to Pay the Proffered Wage for Certain Employment-Based Immigrant Visa Petitions

January 05, 2024

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant visa petition adjudications.

Read More
Affected Sections

6 USCIS-PM E.4 - Chapter 4 - Ability to Pay

POLICY ALERT - Filing Periods and Response Timeframes Ending on Saturdays, Sundays, or Federal Holidays

March 29, 2023

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual to address instances where the last day of filing a benefit request or response to a Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate, falls on a Saturday, Sunday, or federal holiday.

Read More
Affected Sections

1 USCIS-PM B.6 - Chapter 6 - Submitting Requests

1 USCIS-PM E.6 - Chapter 6 - Evidence

1 USCIS-PM E.10 - Chapter 10 - Post-Decision Actions

5 USCIS-PM B.2 - Chapter 2 - Eligibility, Documentation, and Evidence (Orphan Process)

6 USCIS-PM B.3 - Chapter 3 - Filing

6 USCIS-PM E.6 - Chapter 6 - Permanent Labor Certification

POLICY ALERT - Certain Petitioning Employers’ Ability to Pay the Proffered Wage to Prospective Employee Beneficiaries

March 15, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.

Read More
Affected Sections

6 USCIS-PM E.4 - Chapter 4 - Ability to Pay

6 USCIS-PM E.5 - Chapter 5 - Reserved

Technical Update - Incorporating Existing Guidance into the Policy Manual

May 18, 2021

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 22.1 and 22.2 of the AFM, related appendices, and policy memoranda.

Affected Sections

6 USCIS-PM E - Part E - Employment-Based Immigration

6 USCIS-PM F - Part F - Employment-Based Classifications

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Schedule A Designation

December 02, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address Schedule A designations.

Read More
Affected Sections

6 USCIS-PM E.7 - Chapter 7 - Schedule A Designation Petitions

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 317.68 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Version History

No historical versions available.

0
Page sub tree links
  • Chapter 1 - Purpose and Background
  • Chapter 2 - Eligibility Requirements
  • Chapter 3 - Successor-in-Interest in Permanent Labor Certification Cases
  • Chapter 4 - Ability to Pay
  • Chapter 5 - Reserved
  • Chapter 6 - Permanent Labor Certification
  • Chapter 7 - Schedule A Designation Petitions
  • Chapter 8 - Documentation and Evidence
  • Chapter 9 - Evaluation of Education Credentials
  • Chapter 10 - Decision and Post-Adjudication
Current as of January 05, 2024
Back
Next
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal
Agency description

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov