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Policy Manual
Contents
Updates
INA
8 CFR
Glossary
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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
      • Part F - Employment-Based Classifications
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Extraordinary Ability
        • Chapter 3 - Outstanding Professor or Researcher
        • Chapter 4 - Multinational Executive or Manager
        • Chapter 5 - Advanced Degree or Exceptional Ability
        • Chapter 6 - Physician
        • Chapter 7 - Skilled Worker, Professional, or Other Worker
      • 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 F - Employment-Based Classifications

Part F - Employment-Based Classifications

Content navigation tabs
  • Guidance
  • Resources (34)
  • Appendices (0)
  • Updates (10)
  • History (0)

Resources

Legal Authorities

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

20 CFR 656.17(i) - Basic labor certification process

8 CFR 103.3(a) - Denials and appeals

8 CFR 204.12 - How can second-preference immigrant physicians be granted a national interest waiver based on service in a medically underserved area or VA facility?

8 CFR 204.5(h) - Aliens with extraordinary ability

8 CFR 204.5(j) - Outstanding professors or researchers

8 CFR 204.5(k) - Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability

8 CFR 204.5(l) - Skilled workers, professionals, and other workers

8 CFR 204.5 - Petitions for employment-based immigrants

8 CFR 214.2(f)(10)(ii)(C)(2)(i) - DHS-approved degree

8 CFR 245.18 - Physicians with approved employment-based petitions serving in a medically underserved area or a Veterans Affairs facility

INA 101(a)(32) - Definition of “profession”

INA 201 - Worldwide level of immigration

INA 202 - Numerical limitations on individual foreign states

INA 203 - Allocation of immigrant visas

INA 203(b)(1) - Priority workers

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

INA 203(b)(1)(C) - Outstanding professors or researchers

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)(2)(B)(i) - National Interest Waiver

INA 203(b)(2)(B)(ii) - Physicians working in shortage areas or veterans facilities

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

INA 212(a)(5)(A)  - Labor certification

INA 212, 8 CFR 212 - Excludable aliens

INA 214(l) - Restrictions on waiver

Pub. L. 102-232 (PDF) - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991

Forms

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

No appendices available at this time.

Updates

POLICY ALERT - Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications

September 12, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for extraordinary ability and outstanding professor or researcher first preference employment-based immigrant visa classifications.

Read More
Affected Sections

6 USCIS-PM F.2 - Chapter 2 - Extraordinary Ability

6 USCIS-PM F.3 - Chapter 3 - Outstanding Professor or Researcher

POLICY ALERT - Physician National Interest Waivers

August 16, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to confirm the evidentiary requirements for physicians seeking a national interest waiver of the job offer requirement based on work in an underserved area or at a U.S. Department of Veterans Affairs facility.

Read More
Affected Sections

6 USCIS-PM F.6 - Chapter 6 - Physician

Technical Update - Documentary Requirements for National Interest Waiver Petition

May 25, 2022

This technical update to Volume 6, Part F aligns language related to documentation required for submission with a national interest waiver petition with the Form I-140 instructions. Specifically, consistent with those instructions, this update removes reference in the Policy Manual to the requirement that a petitioner submit two copies of the employee-specific portions of a permanent labor certification (without DOL approval).

Affected Sections

6 USCIS-PM F.5 - Chapter 5 - Advanced Degree or Exceptional Ability

POLICY ALERT - Qualifying Published Material and Scope of Leading or Critical Role in Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications

March 23, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to align existing guidance on certain first preference immigrants with a recent Policy Manual update relating to nonimmigrants of extraordinary ability.

Read More
Affected Sections

6 USCIS-PM F.2 - Chapter 2 - Extraordinary Ability

6 USCIS-PM F.3 - Chapter 3 - Outstanding Professor or Researcher

Technical Update - Critical and Emerging Technologies in National Interest Waiver Context

February 23, 2022

This technical update to Volume 6 provides information in a footnote on the latest resources available to determine critical and emerging technologies.

Affected Sections

6 USCIS-PM F.5 - Chapter 5 - Advanced Degree or Exceptional Ability

POLICY ALERT - National Interest Waivers for Advanced Degree Professionals or Persons of Exceptional Ability

January 21, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to address requests for national interest waivers for advanced degree professionals or persons of exceptional ability.

Read More
Affected Sections

6 USCIS-PM F.5 - Chapter 5 - Advanced Degree or Exceptional Ability

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

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 - Extraordinary Ability
  • Chapter 3 - Outstanding Professor or Researcher
  • Chapter 4 - Multinational Executive or Manager
  • Chapter 5 - Advanced Degree or Exceptional Ability
  • Chapter 6 - Physician
  • Chapter 7 - Skilled Worker, Professional, or Other Worker
Current as of January 05, 2024
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