Mastering Form I-140: A Comprehensive Guide for Immigrant Worker Petitions

• Form I-140 is utilized by U.S. employers to petition for foreign workers under employment-based visa categories such as EB-1, EB-2, and EB-3, with the employer confirming the ability to pay the prevailing wage and the beneficiary’s qualifications.
• Documentation required with Form I-140 includes evidence of the beneficiary’s extraordinary ability, financial information from the employer, education and work experience proof, and, if applicable, a full translation of non-English documents.
• Form I-140 applicants may utilize Premium Processing for a faster review, typically within 15 days for an additional fee, and have various payment options for the form’s filing fee, including online payments, checks, and money orders.

Form I-140 is a significant component in the employment-based green card process. These immigration forms are used by employers in the United States to petition for the immigration of foreign workers through Citizenship and Immigration Services. The individual or organization submitting the form is known as the petitioner, while the foreign national being sponsored is the beneficiary.

The employer’s role in the process is pivotal, as they verify their ability to pay the prevailing wage and confirm that the beneficiary possesses the necessary qualifications for the job. The beneficiaries of this form are foreign workers who are classified under specific employment-based visa categories like EB-1, EB-2, or EB-3.

Eligibility for Form I-140 is determined by various employment-based visa categories. These categories, also known as visa category options, include:

• Extraordinary ability
• Outstanding professors and researchers
• Advanced degree holders
• Exceptional ability
• Skilled workers
• Professionals
• Unskilled workers

Extraordinary Ability, Outstanding Professors, and Researchers

The EB-1 category caters to individuals with extraordinary ability, outstanding professors, and researchers. These individuals must provide evidence of significant achievements and recognition in their respective fields.

The ‘extraordinary ability’ standard of the EB-1 category requires individuals to showcase exceptional expertise and recognition in their field that surpasses the norm. For instance, receiving an Academy Award, Olympic Medal, or Nobel Prize would be illustrative accomplishments meeting the criteria of the EB-1 category.

Advanced Degree and Exceptional Ability

The EB-2 category encompasses individuals with advanced degrees or exceptional ability in their field. This category necessitates proof of their qualifications and labor certification.

The advanced degree must be a requirement for the job being applied for, and the applicant must hold such a degree or its foreign equivalent. The labor certification process involves the submission of a certified Application for Permanent Employment Certification.

Skilled Workers, Professionals, and Unskilled Workers

The EB-3 category covers skilled workers, professionals, and unskilled workers. Applicants in this category are required to provide evidence of relevant experience or education and have labor certification.

To qualify as a skilled worker, the ability to perform skilled labor requiring at least 2 years of training or experience is necessary. Labor certification for the EB-3 category in Form I-140 entails acquiring an approved, individual labor certification from the Department of Labor on Form ETA-9089. It is essential to be aware of the labor certification’s validity period to avoid having expired labor certifications filed, as this may cause delays or complications in the process.

Documentation of extraordinary ability or achievements, financial details, and evidence of education and work experience are essential supporting documents to validate the beneficiary’s qualifications. The employer is required to provide financial data as part of the required documentation to demonstrate their ability to pay the proffered wage to the employee.

The labor certification process entails:

• The employer conducting a test of the U.S. employment market
• Advertising the position in accordance with DOL guidelines
• Interviewing any eligible U.S. workers

Non-English documents should also be provided with a complete translation that includes the translator’s signature and contact information.

The filing fee associated with filing Form I-140 is $700. Acceptable payment methods include:

• Credit or debit card using Form G-1450
• U.S. money order
• Personal check
• Cashier’s check

Alternatively, the payment for Form I-140 can also be made online through pay.gov.

If you choose to pay through check or money order, it should be dated and made payable to the U.S. Department of Homeland Security. The payment should be included with the application submission.

Form I-140 typically takes about four months to process, a timeline influenced by factors like the petition’s priority date.

Applicants can verify their case status by utilizing the USCIS case status tool. This tool provides an online platform for applicants to monitor the status of their Form I-140.

Potential outcomes following the submission of Form I-140 can range from:

• Approval
• Denial
• Request for Evidence (RFE)
• Notice of Intent to Deny (NOID)

When an applicant receives an approved Form I-140, it enables them to pursue an employment-based immigrant visa or apply for permanent residency in the United States through immigration services by submitting Form I-485.

Upon receipt of a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), the petitioner is required to provide a suitable response, which USCIS will consider in the determination of the petition’s final outcome, including the possibility of a national interest waiver.

In the event of a denial or revocation, the petitioner may reapply or appeal the decision to the Administrative Appeals Office (AAO).

It is permissible to file Form I-140 concurrently with Form I-485. The designated filing address for Form I-140 varies depending on whether it is being submitted independently or concurrently with Form I-485, and may vary by state for Premium Processing.

Understanding Form I-140 is crucial for anyone seeking to become a lawful permanent resident in the United States through employment. This guide has illuminated the process, from understanding Form I-140, eligibility criteria, and the required documentation to filing the form, the associated fees, and potential outcomes. Remember, while this process may seem daunting, each step brings you closer to achieving your American Dream.