1. What is an I-140 Immigrant Petition for Alien Worker?

An I-140 Immigrant Petition for Alien Worker is a petition filed by an employer on behalf of a foreign worker to secure permanent residency in the United States. The petition is used to prove to the U.S. government that the foreign worker has the necessary qualifications, either through education, experience, or other criteria, to be able to fill a specific job position. The I-140 serves as the first step towards obtaining an immigrant visa (green card) and ultimately becoming a permanent resident of the United States.

2. Who can file an I-140?

An I-140 form can be filed by an employer on behalf of a foreign worker seeking to immigrate to the United States. The immigrant must have a job offer from a U.S. employer and the employer must demonstrate that the immigrant has the appropriate qualifications for the job.

3. What is the filing fee for an I-140?

The filing fee for an I-140 is $700.

4. Are there any special requirements to file an I-140?

Yes, there are certain criteria that must be met in order to file an I-140. The criteria varies depending on the type of immigrant visa category for which the petition is being filed. Generally, the petitioner must have a job offer or employment contract from a U.S. employer and the employer must be able to demonstrate that it has the financial resources to pay the employee’s proposed wage upon the beneficiary’s admission to the U.S. Additionally, the job offered must qualify as a specialty occupation or as an employment-based permanent residence under immigration law.

5. How long does it take to process an I-140?

The processing time for an I-140 can vary greatly depending on the type of I-140, the service center processing the petition, and other factors. Generally, the processing time is about 6 months.

6. What forms do I need to submit with the I-140?

The I-140 is an employment-based immigration petition and you will typically need to provide copies of the necessary supporting documents, such as proof of work experience, proof of qualification for the job, and evidence that you can pay the necessary wages for the position. Depending on which employment-based visa category you are applying under, other documents may be required as well. Consult an immigration attorney for more information and guidance in completing your I-140 petition.

7. What evidence must be included in an I-140 petition?

In order to submit an I-140 petition, an individual must provide evidence to prove their employment eligibility in the United States. This includes proof of the foreign worker’s current immigration status, and documentation demonstrating they meet the requirements of the job, such as a diploma or certification. Additionally, the employer must provide evidence that the job is a specialty occupation and that the foreign worker has the required education, experience, or training to perform the duties of the job. Other required forms include evidence of a permanent and full-time job offer, labor condition application, and evidence that the employer is financially able to pay the offered wage.

8. Are there any special circumstances in which an I-140 petition is granted without a job offer?

Yes, there are special circumstances in which an I-140 petition can be granted without a job offer. These include applications for Alien of Extraordinary Ability, National Interest Waiver, and certain other categories of employment-based immigration.

9. Is there a priority date associated with the I-140 petition?

Yes. The priority date is the date that the United States Citizenship and Immigration Services (USCIS) received the I-140 petition. The priority date is used to determine when an alien is eligible to file for adjustment of status or an immigrant visa.

10. How long will it take before my I-140 is approved?

Unfortunately, there is no definitive answer to this question as the time for approval will depend on a variety of factors, including the type of I-140 petition being filed, the backlog of other similar petitions and whether or not additional evidence is needed to make a decision. In some cases, the approval process can take several months.

11. Can I submit more than one I-140 at a time?

Yes, you can submit more than one I-140 at a time. However, each I-140 must be properly completed and include all necessary supporting documentation.

12. Is a medical exam required for the I-140 petition?

No, a medical exam is not required for an I-140 petition. However, it may be required if the beneficiary of the petition is applying for permanent residence in the United States.

13. After my I-140 is approved, what comes next?

The next step after your I-140 is approved is for you to file an I-485 application for Adjustment of Status. This application is filed with the USCIS and once it is approved, you will be granted permanent residence in the United States.

14. Can derivatives of the principal applicant be included in the I-140 petition?

Yes, derivatives of the principal applicant can be included in an I-140 petition. The derivative beneficiaries must meet the same eligibility requirements as the principal applicant and must be named on the I-140 petition.

15. What happens if my I-140 is denied?

If your I-140 is denied, you may have the option to appeal the decision. Depending on the reason for the denial, you may also be able to apply for a new I-140 or reapply for the same petition. Additionally, you may be able to request a Motion to Reopen or Reconsider with USCIS.

16. How long will the approval notice for my I-140 be valid?

Approved I-140s are valid indefinitely. However, the individual must maintain their valid nonimmigrant status and continue to work for the same employer who petitioned for them in order to be able to use the approved I-140 in the process of applying for permanent residence.

17. Can my employer withdraw an approved I-140 petition?

Yes. The I-140 petition is filed by an employer, so it can be withdrawn by the employer at any time.

18. Can the applicant appeal an unfavorable decision on his or her I-140 petition?

Yes, the applicant can appeal an unfavorable decision on their I-140 petition. The applicant must submit Form I-290B, Notice of Appeal or Motion, to the Administrative Appeals Office (AAO) within 30 days of receiving the decision from USCIS.

19. Are there any consequences of filing a frivolous or fraudulent I-140 petition?

Yes, there are serious consequences for filing a frivolous or fraudulent I-140 petition. In addition to criminal penalties, the petitioner may face fines, an order of deportation or removal, ineligibility for any future immigration benefits, and a bar on reentering the United States.

20. What is the difference between an EB1, EB2, and EB3 visa classification in relation to an I-140 petition?

The EB1, EB2, and EB3 visa classification are part of the U.S. Department of State’s Employment-Based immigration program. An I-140 petition is an application filed with the U.S. Citizenship and Immigration Services (USCIS) to classify foreign national workers as eligible immigrants for lawful permanent residence in the United States.

EB1 visas are reserved for individuals of extraordinary ability in their field, outstanding professors and researchers, and certain multinational executives and managers. EB2 visas are reserved for individuals with advanced degrees or who have exceptional ability in their field. EB3 visas are for skilled workers, professionals, or other workers.