Form I-140, Immigrant Petition for Alien Workers, is one of the critical steps for foreign nationals who want to seek employment-based sponsorship for permanent residency in the United States. Knowing how to fill this form, including the requirements and the timeline, will make the process easier if you plan to go through it.
What is form I-140?
Form I-140 is used by an employer in the U.S. to sponsor a foreign national for a green card in employment-based categories such as EB-1, EB-2, and EB-3. This actually tells the U.S. Citizenship and Immigration Services (USCIS) that the employer offers a permanent job for the worker and that the worker is suitable for the position.
This form is not for the employee but for the employer, who is the petitioner. However, people with extraordinary abilities in the EB-1A category can self-petition without any job offer.
Who needs to file the I-140 form?
- Employers sponsoring foreign workers: Most commonly, employers file on behalf of skilled workers, professionals, or individuals with extraordinary or exceptional abilities.
- Self-petitioners: If you fall under the EB-1A (Extraordinary Ability) or EB-2 National Interest Waiver categories, you can file your petition without an employer’s sponsorship.
How to fill out form I-140
Filling out Form I-140 requires attention to detail and proper documentation. Here are the main steps:
- Provide employer information: The employer needs to complete sections about their business, including financial capability.
- Employee details: Include the foreign worker’s qualifications and category of eligibility (e.g., EB-1 or EB-3).
- Attach required documents:
- Proof of the employer’s ability to pay the wage, such as tax returns or audited financial statements.
- A copy of the approved labor certification, if required (usually for EB-2 and EB-3 categories).
- Supporting evidence like educational qualifications, awards, or professional certifications.
- Pay the filing fee: As of now, the fee is $700, but always confirm the latest fees on the USCIS website.
When to use the I-140 form
Form I-140 is used after the labor certification approval for most categories. If you qualify for a category that does not require labor certification, you can file the I-140 as soon as you meet the eligibility criteria.
For those filing under certain circumstances, like the National Interest Waiver, this form is part of proving you meet the requirements to skip the employer sponsorship.
How long does the I-140 process take?
The processing periods of Form I-140 are dependent on the immigrant visa category under which the form is being handled, as well as whether or not premium processing is requested.
Normal processing periods:
- For EB-1 and EB-2 National Interest Waiver: 6-8 months.
- EB-2 and EB-3: 10-24 months.
Premium processing: If you have paid the additional fee ($2,500), your case will be processed by USCIS within 15 calendar days.
Bear in mind that these times vary according to USCIS workload and whether you receive a Request for Evidence (RFE).
What happens after I-140 approval?
Approval for Form I-140 does not entitle you to a green card automatically. Here are a few more steps you need to take:
- Adjustment of status (if you are inside the U.S.): You will file Form I-485 to transition to green card status. This can sometimes be done at the same time as I-140 when a visa number is available.
- Consular processing (if you are outside the U.S.): Your approved petition will be sent to the National Visa Center to process your immigrant visa application.
How long does it take to get a green card after I-140 approval?
The wait depends on your priority date and visa availability. Employment-based green cards are subject to annual caps, and backlogs often affect processing. For individuals from countries like India and China, this can mean a wait of several years.
If you are eligible for concurrent filing (I-140 and I-485 together), your green card process may be faster. On the other hand, if your category is oversubscribed, you must wait until your priority date becomes current.
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