I-140

I-140 Form: Your Path to Employment-Based Green Cards

Introduction

Form I-140, or the Immigrant Petition for Alien Worker, is a key step in the employment-based green card process. It is filed by a U.S. employer (or in some cases, the applicant themselves) to petition for a foreign worker to become a permanent resident in the United States. The I-140 form serves as proof that the foreign worker meets the requirements for an employment-based green card and that the employer can offer a permanent job at a fair wage.

If you're looking to obtain an EB-1, EB-2, or EB-3 green card, understanding the I-140 petition process is essential. This guide will explain everything you need to know about the I-140, its purpose, who can file it, and how to navigate the application process.

What is Form I-140?

Form I-140, officially known as the Immigrant Petition for Alien Worker, is filed with the U.S. Citizenship and Immigration Services (USCIS) to request an employment-based green card. The I-140 petition is typically filed by the U.S. employer on behalf of the foreign worker, except in certain cases like the EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver), where the foreign worker can self-petition.

Who Can File Form I-140?

Form I-140 can be filed by U.S. employers or, in some cases, by the applicant themselves. Here’s a breakdown of who can file and under what categories:

1. U.S. Employers:

   • EB-1B (Outstanding Professors and Researchers)

   • EB-1C (Multinational Executives and Managers)

   • EB-2 (Professionals with Advanced Degrees or Exceptional Ability)

   • EB-3 (Skilled Workers, Professionals, and Other Workers)

2. Self-Petitioning Individuals:

   • EB-1A (Individuals with Extraordinary Ability): If you qualify for this category, you can self-petition without needing a U.S. employer.

   • EB-2 NIW (National Interest Waiver): Individuals with exceptional abilities or those whose work is in the national interest of the U.S. can self-petition.

Why is Form I-140 Important?

The I-140 petition is a crucial part of the employment-based green card process. Here’s why it's important:

• Establishes Eligibility: The I-140 petition provides evidence that the foreign worker meets the eligibility criteria for the specific employment-based green card category.

• Demonstrates Employer's Ability to Pay: For employer-sponsored petitions, the employer must show they have the financial ability to pay the offered wage, ensuring that the job offer is legitimate and financially viable.

• Priority Date: When the I-140 petition is filed, it establishes a priority date, which is used to determine the applicant’s place in line for a green card based on visa availability.

Requirements for Filing Form I-140

The specific requirements for filing an I-140 petition depend on the green card category:

1. For Employer-Sponsored Petitions (e.g., EB-2, EB-3):

   • Labor Certification (PERM): For most EB-2 and EB-3 petitions, the employer must first obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL). This certifies that there are no qualified U.S. workers available for the position, and that employing the foreign worker will not adversely affect U.S. workers' wages and working conditions.

   • Job Offer: The employer must have a full-time, permanent job offer for the foreign worker.

   • Ability to Pay: The employer must provide evidence of their ability to pay the offered wage, such as tax returns, audited financial statements, or annual reports.

2. For Self-Petitioning Individuals (EB-1A, EB-2 NIW):

   • Extraordinary Ability or National Interest: Self-petitioners must provide substantial evidence of their extraordinary ability (for EB-1A) or that their work benefits the U.S. national interest (for EB-2 NIW).

   • Supporting Documentation: This includes evidence such as awards, publications, membership in professional associations, original contributions to the field, or letters of support from experts.

How to File Form I-140

Filing Form I-140 involves several steps. Here’s a basic overview of the process:

1. Complete Form I-140:

   • The employer (or the self-petitioning individual) must complete Form I-140 accurately, providing details about the job, employer, and the foreign worker's qualifications.

2. Gather Supporting Documentation:

   • Employer-Sponsored: Include the labor certification (if applicable), proof of the job offer, financial documents showing the employer’s ability to pay, and evidence of the employee’s qualifications (e.g., degrees, work experience).

   • Self-Petition: Submit evidence demonstrating the individual’s extraordinary ability (EB-1A) or how their work serves the U.S. national interest (EB-2 NIW).

3. Submit the I-140 Petition:

   • Mail the completed Form I-140, along with all supporting documents and the filing fee, to the appropriate USCIS service center. The filing fee for Form I-140 is $700, although this is subject to change, so it’s essential to check the current fee before submitting.

   • Premium Processing: For an additional fee, the petitioner can request premium processing, which expedites the USCIS decision-making process to 15 calendar days.

4. Receive Receipt and Notice:

   • After submitting the petition, USCIS will send a receipt notice confirming the petition was received. They will later issue an approval or denial notice after reviewing the application.

5. Wait for Priority Date to Become Current:

   • Once the I-140 is approved, the foreign worker must wait for their priority date to become current, according to the Department of State’s Visa Bulletin. When the date is current, the applicant can proceed to apply for an adjustment of status (Form I-485) or consular processing to receive their green card.

What Happens After I-140 Approval?

• Adjustment of Status (Form I-485): If the applicant is already in the U.S. and their priority date is current, they can file Form I-485 to adjust their status to a permanent resident.

• Consular Processing: If the applicant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate once their priority date becomes current.

• Portability: If an I-140 petition is approved, the foreign worker may have some flexibility to change employers while maintaining their priority date under certain circumstances.

Conclusion

Form I-140 is a crucial step toward obtaining an employment-based green card in the United States. Whether you’re an employer looking to sponsor a foreign worker or an individual with extraordinary abilities, understanding the I-140 petition process is essential for a successful application.

At DIY My Green Card, we're here to help you navigate the complexities of the I-140 process. Get started today to take control of your path to permanent residency in the U.S.

For more information or assistance with filing Form I-140, please contact us or explore our I-140 Services.