1. What is Form I-140?
Form I-140 is the Immigrant Petition for Alien Worker, which is a crucial step in the process for foreign nationals seeking permanent residency in the United States based on employment. This form is filed by a U.S. employer on behalf of a foreign worker to petition for their immigration as a permanent resident. It is used to establish that the employer has a genuine job offer for the foreign worker and that the worker meets the requirements for the specific employment-based immigrant category they are applying under. Form I-140 is filed with the U.S. Citizenship and Immigration Services (USCIS) and is a key component of the employment-based immigration process in the U.S.
1. Form I-140 requires detailed information about the employer, the employee, and the job position being offered.
2. After the approval of Form I-140, the foreign worker may then be eligible to apply for adjustment of status (Form I-485) or for an immigrant visa through consular processing.
2. Who is eligible to file Form I-140?
Eligibility to file Form I-140, the Immigrant Petition for Alien Worker, is typically limited to certain categories of foreign workers seeking employment-based permanent residency in the United States. The following individuals may be eligible to file Form I-140:
1. Employers may file Form I-140 on behalf of foreign workers in the EB-1, EB-2, or EB-3 employment-based immigrant visa categories.
2. Self-petitioning individuals may also be eligible to file Form I-140, particularly in the EB-1A category for individuals with extraordinary ability or the EB-2 NIW (National Interest Waiver) category.
3. Foreign workers with approved PERMs (Labor Certification) may have their employers file Form I-140 on their behalf in certain employment-based preference categories.
It is important for potential applicants to review the specific eligibility criteria for each employment-based preference category to determine if they meet the requirements for filing Form I-140. Additionally, consulting with an immigration attorney or legal expert in Form I-140 applications can provide further guidance on eligibility requirements and the petition process.
3. What are the different categories under which one can file Form I-140?
There are several categories under which an individual can file Form I-140 – Immigrant Petition for Alien Worker in the United States:
1. EB-1 Category: This is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors or researchers, and multinational executives or managers.
2. EB-2 Category: This category is for professionals holding an advanced degree or individuals with exceptional ability in the sciences, arts, or business.
3. EB-3 Category: This is for skilled workers, professionals, and other workers who do not qualify for the EB-1 or EB-2 categories.
4. EB-4 Category: This category is for special immigrants such as religious workers, broadcasters, and certain Iraqis and Afghans who have provided assistance to the U.S. government.
5. EB-5 Category: This category is for immigrant investors who are willing to invest a certain amount of capital in a new commercial enterprise that will create jobs for U.S. workers.
Each category has specific eligibility requirements and criteria that must be met in order to successfully file Form I-140 and ultimately obtain lawful permanent residence in the United States. It is important to carefully review and understand the requirements of each category before proceeding with the petition.
4. What is the purpose of Form I-140?
The purpose of Form I-140, also known as the Immigrant Petition for Alien Worker, is to establish the eligibility of a foreign national for employment-based permanent resident status in the United States. By filing Form I-140, the employer is petitioning the U.S. Citizenship and Immigration Services (USCIS) to sponsor the foreign worker for a green card based on their employment skills and qualifications. This form is typically used in the employment-based immigration process and is a crucial step in obtaining permanent residency in the United States.
1. The primary purpose of Form I-140 is to demonstrate that the foreign worker meets the requirements for the specific employment-based immigrant category they are applying under.
2. This form helps the USCIS determine whether the foreign worker has the necessary qualifications, experience, and skills to fill a particular job that offers permanent residency.
3. Once the Form I-140 is approved, the foreign worker may become eligible to apply for an adjustment of status to obtain a green card or proceed with consular processing if they are outside the United States.
5. What are the basic requirements for filing Form I-140?
The basic requirements for filing Form I-140, Immigrant Petition for Alien Worker, include:
1. Eligibility: The applicant must be eligible for the employment-based immigrant category for which they are applying. This typically requires having a valid job offer from a U.S. employer who is willing to sponsor the applicant for permanent residency.
2. Proper documentation: The petitioner must submit the completed Form I-140 along with all required supporting documents, such as proof of the foreign national’s qualifications for the job, evidence of the employer’s ability to pay the offered wage, and any other relevant information.
3. Filing fee: The appropriate filing fee must be submitted with the Form I-140 unless the petitioner qualifies for a fee waiver.
4. Timely filing: The Form I-140 must be filed within the designated time frame as outlined by U.S. Citizenship and Immigration Services (USCIS).
5. Adherence to specific instructions: It is crucial to carefully follow all instructions provided by USCIS when completing and filing Form I-140 to ensure a smooth processing of the petition.
6. How do I choose the correct employment-based immigrant category for Form I-140?
When choosing the correct employment-based immigrant category for Form I-140, there are several factors to consider to ensure that you select the most suitable option:
1. Understand the Different Categories: Familiarize yourself with the various employment-based immigrant categories available under Form I-140, such as EB-1, EB-2, and EB-3. Each category has specific requirements and eligibility criteria pertaining to the applicant’s qualifications and the job offered.
2. Evaluate Your Qualifications: Assess your qualifications, work experience, and skills to determine which employment-based immigrant category best aligns with your background. For instance, the EB-1 category is designed for individuals with extraordinary ability, outstanding professors or researchers, or multinational managers and executives.
3. Consider Job Offer: The specific job offer you have from a U.S. employer also plays a crucial role in determining the appropriate immigrant category on Form I-140. The job position must meet certain criteria, such as requiring specific qualifications and adhering to labor market standards.
4. Consult with an Immigration Attorney: If you are unsure about which employment-based immigrant category to choose, it is advisable to seek guidance from an immigration attorney or a legal expert specializing in immigration matters. They can help assess your situation and provide tailored advice on selecting the most suitable category for your Form I-140 petition.
By carefully analyzing these factors and seeking professional guidance if needed, you can confidently choose the correct employment-based immigrant category for your Form I-140 application, increasing your chances of a successful outcome.
7. What documents and evidence are required to be submitted with Form I-140?
When submitting Form I-140, several documents and evidence must be included to support the immigrant petition for alien worker. The following are the main requirements:
1. Form I-140: The completed and signed Form I-140 is the primary document that must be submitted.
2. Filing Fee: The appropriate filing fee must be included with the form, unless eligible for a fee waiver.
3. Supporting Documentation: This may include evidence of the employer’s ability to pay the proffered wage, such as annual reports, federal tax returns, or audited financial statements.
4. Job Offer Letter: A formal job offer letter from the petitioning employer should outline the terms and conditions of employment, including job title, duties, salary, and other relevant details.
5. Documentation of Beneficiary’s Qualifications: Evidence of the beneficiary’s qualifications, such as educational degrees, certifications, and work experience relevant to the job offered.
6. Labor Certification Approval: If required for the specific employment-based category, a copy of the approved labor certification must be submitted.
7. Any Additional Supporting Evidence: Depending on the specific category under which the petition is filed, additional evidence may be required to establish eligibility.
It is crucial to review the form instructions and current USCIS guidelines for the most up-to-date information on the required documents and evidence to be submitted with Form I-140.
8. What are the filing fees for Form I-140?
The filing fees for Form I-140 vary depending on the category under which the petition is filed and the specific circumstances of the applicant. As of 2021, the standard filing fee for Form I-140 is $700. However, this amount is subject to change, so it is advisable to check the most recent fee schedule on the official website of U.S. Citizenship and Immigration Services (USCIS). Additionally, certain categories of applicants may be required to pay an additional fee for premium processing, which is currently set at $2,500. Premium processing allows for expedited review of the petition within 15 calendar days. It is important to accurately determine the correct fee amount and include it with the Form I-140 submission to avoid processing delays or rejection of the application.
9. Can premium processing be requested for Form I-140?
Yes, premium processing can be requested for Form I-140, which is the Immigrant Petition for Alien Worker filed with the United States Citizenship and Immigration Services (USCIS). Premium processing is an expedited service provided by USCIS for certain employment-based petitions, including the Form I-140. When premium processing is requested for the Form I-140, USCIS guarantees a 15-calendar day processing time for the petition. This can be done by filing Form I-907 along with the necessary fee to request premium processing. By paying an additional fee, petitioners can ensure a quicker turnaround time for their Form I-140, facilitating faster adjudication of the petition and potentially expediting the overall immigration process for the beneficiary.
10. What is the processing time for Form I-140?
The processing time for Form I-140, Immigrant Petition for Alien Worker, can vary depending on the workload of the specific USCIS service center processing the form. On average, the processing time for Form I-140 can range from several months to over a year. However, USCIS provides an estimated processing time range for each service center on their website to give applicants an idea of how long they may need to wait for a decision on their petition. It is important to note that premium processing, which guarantees a 15-day processing time for an additional fee, is available for certain categories of Form I-140 petitions. Applicants should regularly check the USCIS website for updates on processing times and any changes that may impact their specific case.
11. Can I file Form I-140 while in the United States or do I need to be outside the country?
1. Yes, you can file Form I-140 while you are in the United States. The Form I-140, Immigrant Petition for Alien Worker, is filed by an employer on behalf of a foreign national worker to petition for permanent residency based on employment. As a foreign national, you do not need to be outside the United States to file Form I-140. You can remain in the country throughout the application process.
2. It’s important to note that filing Form I-140 does not automatically grant you lawful permanent resident status. This form is the first step in the employment-based green card process and is used to establish the immigrant’s eligibility for permanent residency. After the approval of Form I-140, you may be eligible to adjust your status to that of a lawful permanent resident in the United States, depending on your visa category and priority date.
3. Additionally, certain employment-based immigrant categories may require that you already have an approved Form I-140 petition before you can apply for adjustment of status while in the U.S. However, this does not mean you need to leave the United States to file Form I-140. You can initiate the process while being physically present in the country. Be sure to carefully follow the instructions provided by U.S. Citizenship and Immigration Services (USCIS) when preparing and submitting your Form I-140 to ensure a smooth application process.
12. What happens after Form I-140 is approved?
After Form I-140 is approved, the next steps depend on the individual’s specific circumstances:
1. If the immigrant beneficiary is already in the United States and is eligible to adjust status to permanent resident, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to proceed with the final stage of obtaining their green card.
2. If the immigrant beneficiary is outside the United States or is not eligible to adjust status, the approved Form I-140 serves as the basis for them to apply for an immigrant visa through consular processing at a U.S. embassy or consulate abroad.
3. In some cases, if there are priority date backlogs due to visa availability limits, the approved Form I-140 places the beneficiary in line for an immigrant visa based on their priority date, as established in the initial filing of the Form I-140.
Overall, the approval of Form I-140 is a significant milestone in the process of obtaining permanent residency in the United States, but it is not the final step. It is essential to carefully follow the instructions provided by U.S. Citizenship and Immigration Services (USCIS) and consult with an immigration attorney to ensure a smooth transition to the next phase of the immigration process.
13. Can I appeal a denial of Form I-140?
1. Yes, you can appeal a denial of Form I-140, which is the Immigrant Petition for Alien Worker. If your Form I-140 is denied by the United States Citizenship and Immigration Services (USCIS), you may have the option to file an appeal with the Administrative Appeals Office (AAO).
2. The process typically involves submitting a Notice of Appeal along with the required supporting documentation to the AAO within the designated timeframe specified in the denial notice.
3. It is important to carefully review the denial letter and understand the reasons for denial before proceeding with an appeal. Seeking assistance from an immigration attorney who is experienced in handling appeals can be beneficial in putting together a strong appeal package.
4. The AAO will review the appeal and make a decision based on the evidence and arguments presented. It is crucial to provide compelling reasons and additional evidence to address the issues raised in the denial letter.
5. If the AAO upholds the denial of the Form I-140, there may be limited options for further appeal. It is important to consult with an immigration attorney to explore any alternative avenues for relief or to determine the best course of action moving forward.
14. Can the priority date of Form I-140 be retained if I need to file a new petition?
Yes, the priority date of a previously approved Form I-140 petition can be retained in certain circumstances when filing a new petition. This is known as “priority date porting. Here are some key points to consider:
1. For employment-based immigrant petitions, if an individual’s Form I-140 petition is approved and they need to file a new petition either because of a change in employer or job position, they may be able to retain the priority date of the original approved petition.
2. In order to retain the priority date, the new Form I-140 petition must be in the same immigrant visa category as the original petition. This means that the job offer, the qualifications of the applicant, and the position must still meet the requirements for the same employment-based category.
3. Priority date retention allows the beneficiary of the new petition to keep their original place in line for a green card. This can be crucial in cases where visa availability is limited and can significantly impact the waiting time for final green card processing.
4. It is important to consult with an immigration attorney or a qualified professional when considering priority date retention to ensure eligibility and proper filing procedures are followed to maximize the benefits of retaining the priority date from the original Form I-140 petition.
15. Can I include my family members on Form I-140?
No, you cannot include your family members on Form I-140. Form I-140 is specifically for the immigrant petition for alien worker, which is the first step in the employment-based green card process. It is typically filed by the employer on behalf of the employee seeking permanent residency in the United States. Family members such as a spouse and unmarried children under 21 may be eligible to apply for derivative benefits based on the approved Form I-140, but they must file their own separate forms for adjustment of status or immigrant visa application. The process for including family members varies depending on the specific immigrant category and their relationship to the primary beneficiary of the Form I-140.
16. Can Form I-140 be filed concurrently with other forms, such as Form I-485?
No, Form I-140 cannot be filed concurrently with Form I-485. Form I-140 is the Immigrant Petition for Alien Worker, which is used to petition for an alien worker to become a permanent resident in the United States. On the other hand, Form I-485 is the Application to Register Permanent Residence or Adjust Status, which is used to apply for lawful permanent resident status within the United States. Typically, Form I-140 must be approved before Form I-485 can be filed. However, there are certain exceptions to this rule, such as for individuals eligible for concurrent filing based on their immigrant category or country of chargeability. It is important to consult with an immigration attorney or carefully review the specific eligibility requirements and instructions provided by the U.S. Citizenship and Immigration Services (USCIS) for each form before applying.
17. Can a Form I-140 be transferred to a new employer?
Yes, a Form I-140 petition can be transferred to a new employer under certain circumstances, but it is not a direct transfer like transferring H-1B visa status. Here are some key points to consider:
1. AC21 Portability: The American Competitiveness in the 21st Century Act (AC21) allows for the portability of an approved Form I-140 petition to a new employer if certain conditions are met. This provision is especially helpful for foreign workers who are beneficiaries of employment-based immigrant petitions and allows them to change employers without jeopardizing their green card process.
2. Job Similarity: To transfer the Form I-140 petition, the new job offer should be in a similar occupational classification as the original job for which the petition was filed. This means that the new job should generally require the same skills and qualifications as the original job.
3. Approval of Form I-140: The Form I-140 petition must have been approved before it can be transferred to a new employer. If the petition is still pending, it cannot be transferred.
4. Retention of Priority Date: One of the significant benefits of transferring a Form I-140 petition is the ability to retain the priority date established by the original petition. This can be crucial in cases where there are long waiting periods for certain immigrant visa categories.
5. Employer Cooperation: Both the original sponsoring employer and the new employer should be cooperative in the transfer process, including providing necessary documentation and notifying USCIS of the change in employment.
Overall, while transferring an approved Form I-140 petition to a new employer is possible, it is essential to meet all the eligibility criteria and follow the proper procedures to ensure a successful transfer without any negative impact on the green card application process.
18. Can I change jobs or employers after Form I-140 is approved?
After your Form I-140 is approved, you may be able to change jobs or employers under certain circumstances. Here are some key points to consider:
1. In most cases, if your Form I-140 has been approved for 180 days or more and your new job is in a similar occupation to the one for which your original petition was filed, you may be able to port your green card application to the new employer.
2. The new job must be in the same or similar occupational classification and the new employer must file a Form I-485 Supplement J to confirm that the job offer is still valid.
3. Keep in mind that changing jobs or employers before your Form I-485 (Application to Register Permanent Residence or Adjust Status) is approved could impact your green card application process. It’s essential to consult with an immigration attorney or expert to understand the implications and requirements of changing jobs after your Form I-140 is approved.
19. What is the role of the employer in the Form I-140 process?
The role of the employer in the Form I-140 process is crucial as they are the petitioner sponsoring the foreign worker for a green card based on employment. The employer must demonstrate the ability to pay the offered wage to the foreign worker and provide evidence of the company’s financial stability. Additionally, the employer is responsible for completing and submitting Form I-140 with the supporting documents to USCIS, including evidence of the foreign worker’s qualifications and the job offer. It is the employer’s responsibility to ensure that all information provided in the petition is accurate and truthful to avoid any delays or denials in the immigration process. Furthermore, the employer may also need to respond to any requests for additional evidence or attend interviews related to the Form I-140 petition on behalf of the foreign worker.
20. Are there any special considerations for self-petitioners filing Form I-140?
Yes, there are special considerations for self-petitioners filing Form I-140, particularly under the EB-1A category for foreign nationals with extraordinary abilities. When self-petitioning, it is crucial to provide substantial evidence to demonstrate the required level of extraordinary ability in your field. This evidence may include awards, publications, significant contributions to the field, membership in prestigious organizations, and evidence of your work’s impact. Here are some key points for self-petitioners filing Form I-140:
1. Comprehensive Documentation: It is essential to provide thorough documentation that clearly showcases your extraordinary abilities. This may involve detailed letters of recommendation, documentation of your achievements, and any relevant publications or awards.
2. Meeting the Criteria: Self-petitioners must show that they meet the strict criteria set forth by USCIS for the EB-1A category. This includes demonstrating sustained national or international acclaim and providing evidence of your extraordinary abilities in your field.
3. Seek Legal Guidance: Due to the complex nature of self-petitioning for Form I-140, it is advisable to seek the assistance of an experienced immigration attorney who can guide you through the process and ensure that your petition is thorough and well-documented.
By carefully addressing these considerations and providing strong evidence of your extraordinary abilities, self-petitioners can increase their chances of success when filing Form I-140 under the EB-1A category.