Skilled workers or other professionals qualify for this type of visa. The eligibility is judged through education, skills and professional experience:
Labor Certification requirement is waived off only if the applicant possesses extraordinary skills and can benefit the U.S. economy. Sponsorship from any employer is not required for this type of visa.
For unskilled labor, less than 2 years of experience or training is acceptable, given that the nature of their work is not seasonal or temporary. Examples of employment includes, but are not limited to, nurses, caregivers, A full time permanent employment and labor certification is also required. The nature of their work/job should be such that there are no other qualified people already present in the U.S. performing such a job.
Spouse and unmarried children under 21 years of age are permissible to accompany the worker to the U.S.