us-uscis-policy-manual-volume-6-part-e-chapter-1•Chapter 1 - Purpose and Background
Chapter 1 - Purpose and Background
us-uscis-policy-manual-volume-6-part-e-chapter-1Chapter 1 - Purpose and BackgroundGuidance
A. Purpose
Congress provided several classifications for employment-based immigration to allow a limited number of aliens to become lawful permanent residents (LPRs) based on certain skillsets.
B. Background
For a person to immigrate on an employment basis, his or her employer or intending employer must file a petition for an employment-based immigrant classification using a Petition for Alien Workers (Form I-140). The petitioning employer must demonstrate to USCIS that the beneficiary is qualified for the immigrant classification sought.[1]
If the petition is based on an underlying approved permanent labor certification application, then the immigrant petition must be filed during the validity period of the permanent labor certification established by the U.S. Department of Labor (DOL). The petitioner must demonstrate that the beneficiary is qualified for the position certified by DOL. Not all employment-based immigrant classifications require the petitioner to first obtain permanent labor certification. In addition, in certain classifications, the beneficiary can self-petition for the classification sought.
This Part E provides general information relating to employment-based immigrant petitions. Part F provides a more detailed discussion of the specific immigrant classifications.[2]
Visa Classifications
The following table lists the categories of employment-based immigrant visa classifications, the corresponding codes of admission, and where to find additional guidance about the classifications.
| Employment-Based Immigrant | Code of Admission | For More Information |
|---|---|---|
| Person of Extraordinary Ability | E11 | Part F, Employment-Based Classifications, Chapter 2, Extraordinary Ability [6 USCIS-PM F.2] |
Outstanding Professor Outstanding Researcher | E12 | See Part F, Employment-Based Classifications, Chapter 3, Outstanding Professor or Researcher [6 USCIS-PM F.3] |
Multinational Executive Multinational Manager | E13 | See Part F, Employment-Based Classifications, Chapter 4, Multinational Executive or Manager [6 USCIS-PM F.4] |
Professional Holding Advanced Degree Person of Exceptional Ability | E21 | See Part F, Employment-Based Classifications, Chapter 5, Advanced Degree or Exceptional Ability [6 USCIS-PM F.5] and Chapter 6, Physician [6 USCIS-PM F.6] |
| Skilled Worker | E31 | See Part F, Employment-Based Classifications, Chapter 7, Skilled Worker, Professional, or Other Worker [6 USCIS-PM F.7] |
| Professional Holding Baccalaureate Degree | E32 | See Part F, Employment-Based Classifications, Chapter 7, Skilled Worker, Professional, or Other Worker [6 USCIS-PM F.7] |
| Other Worker | EW3 | See Part F, Employment-Based Classifications, Chapter 7, Skilled Worker, Professional, or Other Worker [6 USCIS-PM F.7] |
C. Legal Authorities
- INA 203(b)(1), (2), (3) – Preference allocation for employment-based immigrants
- 8 CFR 204.5 – Petitions for employment-based immigrants
- 20 CFR 656 – Labor certification process for permanent employment of aliens in the United States
Footnotes
[^ 1] This Part generally uses the simplified terms petition, petitioner, and beneficiary. The term petition refers to the Immigrant Petition for Alien Workers (Form I-140). The term petitioner generally refers to the petitioning employer, though in some circumstances the petitioner may be a self-petitioning alien. The term beneficiary refers to the alien who is the beneficiary of the petition, who in some cases may also be a self-petitioner.
[^ 2] See Part F, Employment-Based Classifications [6 USCIS-PM F].
Resources
20 CFR 656 - Labor Certification Process for Permanent Employment of Aliens in the United States
8 CFR 204.5(a)-(l), (n) - Petitions for employment-based immigrants
8 CFR 204.5 - Petitions for employment-based immigrants
INA 201 - Worldwide level of immigration
INA 202 - Numerical limitations on individual foreign states
INA 203 - Allocation of immigrant visas
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)(3) - Skilled workers, professionals, and other workers
Appendices
No appendices available at this time.
Updates
This technical update replaces all instances of the term “noncitizen” with “alien” 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”], and makes other technical and conforming changes.
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
10 USCIS-PM - Volume 10 - Employment Authorization
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.
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”].
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
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 between the AFM and the Policy Manual.
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
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”].
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
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