	American Citizen Services U.S. Visa Information Immigrant Visa Section Travel to the U.S. Study in the U.S. Doing Business with the U.S. GEI/SNAP Recruitment Services Foreign Agricultural Service America.gov Press and Culture U.S. Embassy Programs American Reference Center Publications Fulbright Commission Frequently Asked Questions
	Contact Us

PROFESSIONALS & PERSONS OF EXCEPTIONAL
ABILITY EMPLOYMENT-BASED SECOND PREFERENCE

Form I-140

THE EMPLOYMENT-BASED SECOND PREFERENCE CATEGORY IS DIVIDED INTO:

Members of the professions: includes, but is not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academia, or seminaries. It also includes any occupation for which a U.S. baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation. For members of the professions, advanced degree means any U.S. academic or professional degree (or foreign equivalent degree) above that of a baccalaureate. A bachelor degree plus five years of progressive experience in the professions is considered as the equivalent of a master's degree.

Aliens of Exceptional Ability: in the sciences, arts, or business. An alien will qualify for registration in this category if he or she is seeking to enter in the United States in his or her field and the entry of such alien will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare of the United States.

Exceptional ability has been defined as something more than what is usual, ordinary, or common, and requires some rare or unusual talent, or unique or extraordinary ability in a calling which, of itself, requires that talent or skill. The possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice, or certification for a particular profession or occupation, shall not, by itself, be considered sufficient evidence of such exceptional ability.

FIRST: A specific offer of employment is required in order to qualify for immigration in the employment-based second preference category. The prospective employer is required to contact the local state employment office for information on filing for labor certification to show that there are no qualified U.S. workers available for the proposed employment. If a labor certification is approved, the certification is filed together with an immigrant visa petition, form I-140, with the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) having jurisdiction over the area of intended employment.

Note: The decision on whether a person is qualified for registration in the employment based second preference category is made by the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS). Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register in this category.

SECOND: The approved petition is forwarded to the Department of State's National Visa Center (NVC), which notifies the beneficiary (visa applicant) or the designated agent of the steps he or she is required to take to process the immigrant visa application.

THIRD: An intending immigrant requires an immigrant visa to travel to the United States to establish permanent residence. This Embassy processes immigrant visa applications for citizens and residents of Austria, and Iranian "homeless" cases. Applicants physically present in the United States when the petition is approved (and current) should contact the local USCIS office for further information.

Upon receipt of the immigrant visa file from the National Visa Center, the Immigrant Visa Unit at this Embassy will conduct additional processing required and schedule the appointments for the medical examination and the formal visa interview. The average processing time is two months, but also depends on the administrative procedures required and the availability of visa numbers.

Privacy Notice and Disclaimer

e-mail: embassy@usembassy.at