Labor certification is generally required unless applicant can obtain a national interest waiver. Employer or self-petitioner must file a Form I-140, Petition for Alien Worker. There are three sub-groups within this category:
- Advanced Degree: The job offer must require an advanced degree and the applicant must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).Labor certification from DOL is required.
- Exceptional Ability: applicant must demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
- National Interest Waiver: The Labor Certification can be waived because it is in the interest of the United States. National interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the national. The applicant could self petition without employer.