The American Dream has been around and loud since 1931. People from around the world have been trying to find ways to “sneak” themselves into it. As a country that promises to hold opportunities and freedom for each individual, it is important to have regulations so it can be accessible to anyone.
The “ticket” to this dream is represented by a green card approved by the States. However, a few steps lead to it and the first one is the I-140 form. This form represents a legal document that is used to help foreign workers become permanent residents.
My goal today is to introduce you to what is Form I-140: immigration petition guide in the simplest way possible.
Table of Contents
Introduction to Form I-140
For those who want to start a new position of employment in the United States, they must own a green card. There are several types of the green card, but we are going to stick to the working one. The work visa allows you to stay and work in the States legally, for a certain period, previously approved by the embassy in your country.
The I-140 form is a petition filed by the US employer, who requests permanent residency for the applicant – in this case, the foreign worker. It is submitted to the United States Citizenship and Immigration Service (USCIS), and their approval is necessary before moving forward with the process. The main purpose of this document is to prove that the foreign worker is qualified for the employment opportunity and the employer is willing and able to employ them.
2. Categories Eligible for Applying
Several criteria must be fulfilled before becoming eligible to apply for any of the categories that follow.
- You need to have a job offer from a US employer and the job must necessitate a high level of experience and skill.
- The employer is obliged to sponsor the permanent place of stay.
- You must meet the requirements surrounding the job-related education, training, and previous experience.
Furthermore, there are several employment-based (EB) immigrant visa categories:
- EB-1 category refers to priority workers, such as individuals who hold extraordinary abilities in the sciences, education, arts, business, or athletics. A good example would be outstanding professors and researchers and certain multinational executives and managers.
- EB-2 is reserved for professionals holding advanced degrees or who have exceptional abilities. Engineers, medical professionals, entrepreneurs, innovators, and educators all fall into this space.
- EB-3 is extremely popular with students who come from abroad to spend summers in the States working as restaurant workers, servers, line cooks, cashiers, hostesses, and similar maintenance workers.
- EB-4 is reserved for religious instructors, counselors, translators, and workers in religious healthcare facilities or religious hospitals.
- EB-5 is for immigrant investors who invest a minimum of $1.8 million (or $900,000 in a targeted employment area) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. Any legitimate business would qualify, and some are real estate development, manufacturing, retail, etc.
The Filing Process
It is crucial to prepare the requested documentation concisely to ensure a successful I-140 application. The employer must submit labor certification requests (PERM), job offer letters, corporate tax returns or financial statements, and evidence of the firm’s ability to pay the proposed wage (such as tax returns, financial statements, and audited financial accounts).
A copy of the FLAG Final Determination, which serves as evidence of labor certification authorization, must also be included and confirmed by the applicant, the employer, and, if relevant, the employer’s agent and attorney. As for the foreign worker who is applying, corresponding documentation needs to be submitted as well.
That includes a copy of the beneficiary’s resume or curriculum vitae (CV), education qualifications (diplomas, transcripts, and degrees), letters of recommendation from previous employers and colleagues, evidence of relevant work experience, valid passport, proof of current work visa status and I-94 travel record.
After applying, the USCIS sends the applicant a Form I-797C confirming that they have received the petition. The case status can be checked online at any time during the observation period using the receipt number (a unique code given by USCIS consisting of three letters and ten numbers). If necessary, USCIS can send a Request for Evidence. Once the application has been thoroughly inspected, USCIS will approve, deny, or send a notice of intent to deny it.
Cost and Processing Time
The processing time can vary depending on the category under which you are filling, but the typical span is 7-14 months. USCIS provides a processing time tool that allows one to check how long the I-140 might take. As far as the costs, the paper filing fee for Form I-140 is $715.00. Few exceptions may add additional fees If Form I-140 is filed under the Asylum Program and needs to be taken into account such as:
- $600 if you are filing Form I-140 as a regular petitioner
- $300 if you are filing Form I-140 as a small employer or self-petitioner
The Bottom Line
Taking all facts into consideration, it is essential to fulfill all the requirements to successfully apply for the Form I-140. This process prepares you for the upcoming steps to becoming a green card holder as a foreign worker, no matter the category you fall within.
Properly understanding and following each step will not only make your application strong, precise, and accurate but will also increase your chances of a smooth and timely approval.
Stay organized, gather the necessary documentation, and remain patient to ensure that your path to permanent residency is as efficient as possible.