This means that there are waiting lists in many of the categories. To see the applicable priority dates for each employment-based category, click here . Beneficiaries of India, China, The Philippines, and Mexico are subject to country-specific backlogs. The first preference category requires no labor certification as a condition of visa issuance. In other words, persons falling under the first preference category are not required to establish that they are no qualified U.S. workers available for the proposed position.
Detailed information concerning labor certification appears here .
Persons applying under the second subgroup must be internationally recognized as outstanding in their specific academic area, have a minimum of three years of experience in teaching or research in the area and be entering the U.S. in a tenure or tenure track teaching or comparable research position at an institution of higher education. Persons falling under the final subgroup must have been employed as a manager or executive outside the United States for the same U.S. employer, subsidiary or affiliate of the U.S. employer for at least one year within the last three. They must also be entering the United States to work as a manager or executive of the U.S. employer. This essentially means a United States masters degree or above. The INS has indicated that a U.S. or equivalent foreign baccalaureate followed by at least five years of progressive experience in the specialty will be the equivalent to a masters degree.