Basics You Need to Know Before Filing an I-140 Petition

If you are a non-immigrant alien seeking immigration under an employment-based category, Form I-140, Immigrant Petition for Alien Worker, must be filed for you to get you classified as an alien beneficiary. It establishes the eligibility for your immigrant status.

Usually, this petition is filed by a US employer as a petitioner for a foreign employee. However, the alien beneficiary can file it for himself/herself in some particular cases (generally known as self-petition).

Who can file the I-140 Petition?

This petition can either be filed by a US employer or company on behalf of the employee or the beneficiary can file it for himself /herself. A US employer can file this petition for:

1. An outstanding professor or researcher with at least three years of experience in teaching or research in the academic area, who is recognized internationally.
2. An alien who, in the three years before filing this petition, has been employed in a primarily managerial or executive capacity for at least one year by a firm or corporation who seeks to enter the United States to continue working for the same employer.
3. A member of the professions holding an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the welfare of the United States.
4. A skilled worker (requiring more than two years of specialized training or experience) to perform labor for which qualified workers are not available in the United States.
5.  A member of the professions with a baccalaureate degree.
6. An unskilled worker (requiring less than two years of specialized training or experience) to perform labor for which qualified workers are not available in the United States.

A self-petition can be filed for:

1. An alien of extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim and whose achievements are recognized in the field.
2. A member of the professions holding an advanced degree or who is claiming exceptional ability in the sciences, arts, or business, and is seeking an exemption of the requirement of a job offer in the national interest, generally known as a National Interest Waiver (NIW).

Required Supporting Documents:

Since this petition is filed by a US employer or the beneficiary himself/herself, USCIS requires some supporting documents along with the form as a proof of eligibility regarding the permanent residency of the alien beneficiary. Supporting documents can vary from case to case. However, the following are some general supporting documents to be submitted along with the petition:

• Copy of your approved labor certification. 
• Proof of the employer’s adequate financial condition to pay the beneficiary until they become a permanent resident.
• Job verification letter signed by the employer.
• Documents that prove your qualification. Such as experience letters, degree certificates, education evaluations, qualification letters, etc.
• Proof of your international recognition and achievements in the area of your expertise.

How and where should you file your Form I-140?

If you are eligible under any of the employment-based categories, you can file this petition separately or along with the adjustment of status application (green card application). You may file your I-485 (Adjustment of Status) petition concurrently if the priority date of the category you are filing under is current at the time you file the petition.

The filing address depends on whether you file it individually or concurrently with the adjustment of status application. You can find the filing address for your particular on the USCIS website. 

Filing Fee:

When you are done filling up the form and gathering all the required supporting documents, you should send it to the USCIS office along with the filing fee. The filing fee for an I-140 petition is $700. You can send the fee through money orders or a check.

Processing Time:

It is tough to determine the exact processing time of an I-140 petition. Because the processing time varies depending on the case and the USCIS service center handling the case. On average it can take up to 10 to 12 months to process the petition.

However, you can expedite the process by requesting a premium processing if you are eligible for the service. You can do so by filing Form I-907, Request for Premium Processing Service, along with the main I-140 petition.

You can get in touch with Raju Law if you need any assistance with your immigration to the US. Attorney Raju Mahajan, Esq., and his company Raju Law, can handle your case for you. Raju Law can be reached by email at info@rajulaw.com. You can contact 833-725-8529 any time of the day or night.