How I-140 Helps In Applying For Lawful Residence

Form I-140, Immigrant Petition for Alien Worker, is a critical step for foreign workers seeking permanent residency in the U.S. and for U.S. employers looking to hire and retain skilled foreign talent. It is a document in the United States employment-based green card process, submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition for a foreign national to work in the U.S. on a permanent basis. The form is used to request USCIS to classify a noncitizen as eligible for an immigrant visa based on employment. The employer generally files Form I-140 for the noncitizen, although in some cases, the foreign national can self-petition.

The I-140 form is a critical step for foreign workers seeking permanent residency in the U.S

• Confirms that USCIS has reviewed the case and determined that the foreign worker meets the requirements for one of the employment-based green card categories.
• Allows the foreign worker to move forward in the green card process, such as filing Form I-485 to adjust their status to permanent resident.
• Provides immediate benefits, such as extending H-1B status and allowing for certain job changes, even before the green card is issued.

The I-140 form is a crucial step in the employment-based green card process, particularly for the EB-1, EB-2, and EB-3 categories. It covers several employment-based immigrant visa categories, including EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional ability), and EB-3 (skilled or unskilled workers).

The form must be completed and signed by the employer or foreign national, and it must include various supporting documents, such as proof of the employer's ability to pay the offered wage, the employee's education qualifications and work experience, and evidence of the employee's current work visa status. The filing fee for the I-140 form is $715, and there is an additional $2,800 fee for Premium Processing, which promises an initial review from USCIS within 15 calendar days of receiving the form.

The approval of an I-140 form is not the same as being granted a green card. It is, however, a crucial step in the process, and it establishes a priority date that is important for determining when a visa number will become available for the applicant. It is also not permanent and can be revoked under certain circumstances, such as if the employer withdraws the job offer or if USCIS discovers fraud or misrepresentation.

The form is submitted by a prospective employer to petition for a foreign national to work in the U.S. on a permanent basis

Form I-140, Immigrant Petition for Alien Worker, is a form submitted to the United States Citizenship and Immigration Services (USCIS) by a prospective employer to petition a foreign national to work in the US on a permanent basis. This form is used when the worker is deemed extraordinary in some sense or when qualified workers do not exist in the US. The employer who files the form is called the petitioner, and the foreign employee is called the beneficiary.

The form is 6 pages long with a separate 10-page instructions document. It is one of the USCIS immigration forms and is required for EB categories EB-1, EB-2, and EB-3. The form must be signed to be valid.

The form must be accompanied by what is termed "initial evidence". This evidence depends on the type of employee being sponsored. In some cases, this includes an award given to the employee or a publication by the employee that certifies that they are someone of extraordinary ability. In many cases, part of the initial evidence is a Permanent Labor Certification, which establishes that there are insufficient workers in the US to fill the position the foreign employee plans to take.

In labor certification-based petitions, a Permanent Labor Certification must be filed and approved by the US Department of Labor before Form I-140 can be submitted. It is possible to establish a successor-in-interest relationship between the successor employer and predecessor employer, in which case a predecessor's labor certification can be used.

Additional evidence that must be provided includes the employer's financial data, proof of the employee's education and work experience, as well as evidence that the employer can pay the offered wage to the employee.

The form must be submitted with the correct information and well-organized supporting documentation. The petitioner must sign the form. The filing address depends on whether Form I-140 is being filed on its own or with another form.

The form is also used to request permanent residency for a noncitizen worker in the U.S

The I-140 form, also known as the "Immigrant Petition for Alien Worker", is a crucial step in the process of requesting permanent residency for a noncitizen worker in the U.S. It is a formal request to the U.S. government to grant a foreign worker an employment-based green card, allowing them to live and work in the country permanently. The form is submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer, who is known as the petitioner, on behalf of the noncitizen employee, who is known as the beneficiary.

The I-140 form is required for EB (employment-based) categories EB-1, EB-2, and EB-3. These categories include workers who are deemed extraordinary in some sense or when qualified workers do not exist in the U.S. For EB-1, this includes individuals with extraordinary abilities in specific fields, outstanding professors or researchers, and certain multinational executives or managers. EB-2 includes members of professions holding advanced degrees or with exceptional abilities, while EB-3 covers skilled workers, professionals, and other workers.

The I-140 form must be accompanied by "initial evidence" that depends on the type of employee being sponsored. This could include awards or publications that certify the employee as someone with extraordinary abilities. In many cases, part of the initial evidence is a Permanent Labor Certification, which establishes that there is a shortage of qualified U.S. workers for the position in question.

The form must be completed and approved before the noncitizen worker can file Form I-485, Application to Register Permanent Residence or Adjust Status, to finalize their permanent residency. The I-140 form can be filed concurrently with Form I-485 if the worker's visa is available. However, if their visa is not currently available, they can still file the I-140 form before applying for adjustment of status.

The I-140 form is just one step in the overall process of becoming a lawful permanent resident in the U.S., which typically takes several years. Other steps include labor certification (also known as the PERM process), immigrant visa availability, and immigrant visa adjudication. The entire process can be complex, and it is recommended that employers and employees work with experienced immigration attorneys to ensure a smooth and successful journey towards permanent employment for foreign talent in the United States.

The I-140 form is part of the employment-based immigration process for EB-1, EB-2, and EB-3 green card categories

Form I-140, Immigrant Petition for Alien Worker, is a critical step for foreign workers seeking permanent residency in the U.S. and for U.S. employers looking to hire and retain skilled foreign talent. It is a petition filed by a prospective employer to the United States Citizenship and Immigration Service (USCIS) to request that a noncitizen be classified as eligible for an immigrant visa based on employment. The form is typically filed by the employer, but in some cases, the foreign national can self-petition.

The I-140 form is a crucial step in the process of obtaining a green card through employment. It serves as a formal request to the U.S. government to grant a foreign worker an employment-based green card, allowing them to live and work in the U.S. permanently. It confirms that the foreign worker meets the requirements for one of the employment-based green card categories and enables them to move forward with the next steps in the green card process, such as filing Form I-485 to adjust their status to permanent resident.

The form must be accompanied by "initial evidence," which can include awards or publications that certify the employee's extraordinary ability. In many cases, a Permanent Labor Certification is also required, which establishes that there is a shortage of qualified U.S. workers to fill the position. This certification must be filed and approved by the U.S. Department of Labor before Form I-140 can be submitted.

The I-140 form is just one step in the overall process of becoming a lawful permanent resident, which typically takes several years. After the I-140 form is approved, the next steps include immigrant visa availability, immigrant visa adjudication, and either adjustment of status or consular processing.

The cost of filing Form I-140 consists of a base filing fee of $715 and an Asylum Program Fee, which is a new one-time fee introduced in 2024 to help fund asylum processing costs in the U.S. The standard Asylum Program Fee is $600, but discounted fees are available for small employers, and nonprofit organizations are exempt from paying this fee.

It's important to note that the I-140 approval itself is not a green card, and it can be revoked under certain circumstances, such as if the employer withdraws the job offer or if USCIS discovers fraud or misrepresentation. However, even before the green card is issued, an approved I-140 can offer benefits like extending H-1B status and allowing for certain job changes.

The form is required for EB categories EB-1, EB-2, and EB-3

Form I-140, Immigrant Petition for Alien Worker, is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. The form is required for EB (Employment-Based) categories EB-1, EB-2, and EB-3.

EB-1 visas are for "priority workers", including:

• Aliens with extraordinary ability in the sciences, arts, education, business, or athletics.
• Outstanding professors and researchers.
• Certain multinational managers and executives.

EB-2 visas are for "members of the professions holding advanced degrees or who have exceptional ability", including:

• Experienced professionals with advanced degrees (beyond bachelor's degrees) and 5+ years of experience in their respective professions.
• Individuals with exceptional abilities in certain fields (business, arts, sciences, etc.).

EB-3 visas are for "skilled workers, professionals, or other workers", including:

• Professionals with baccalaureate or bachelor's degrees.
• Skilled workers with at least 2+ years of experience and training.
• Unskilled workers with less than 2 years of experience and training.

To apply for a Green Card as an EB-1, EB-2, or EB-3 immigrant, the following requirements must be met:

• Form I-485, Application to Register Permanent Residence or Adjust Status, must be properly filed.
• The applicant must have been inspected and admitted or inspected and paroled into the United States.
• The applicant must be physically present in the United States at the time Form I-485 is filed.
• The applicant must be eligible to receive an immigrant visa.
• An immigrant visa must be immediately available to the applicant at the time Form I-485 is filed and at the time USCIS makes a final decision on the application.
• The job offered to the applicant in Form I-140 must still exist with the employer that filed the form, and the applicant must plan to accept the job once USCIS approves Form I-485.

Frequently asked questions