Form I-140: Form, Instructions and MORE

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To obtain a permit to work in the United States, the immigrant must be a beneficiary of the “Alien Immigration Petition” or Form I-140, which is a work-based immigrant visa.

Although obtaining approval from the Form I-140 it will not change your nonimmigrant status in the United States, it allows you to work in the United States for a specific period of time sponsored by your employer. We provide more details about this form below.

Form I-140 format

The Form I-140, like an immigration petition for foreign workers, is used to petition the United States Citizenship and Immigration Services (USCIS) to classify foreign citizens as eligible for work-based immigrant visas.

Employers often file the Form I-140 in the name of a foreign citizen. In this application, the foreign worker becomes a lawful permanent resident of the United States.

General Tips for Form Submission

To make sure they don’t deny your Form I-140Be sure to submit a form that contains correct information and well-organized supporting documents. Follow the prompts on the «Form Filing Tips» page to make sure your Form I-140 for your request.

General information

  • Use the latest version of the Form I-140, which you can download here , you also have the Instructions for him Form I-140, but in English.
  • Present your Form I-140 in the corresponding address. Check the website for those Direct Presentation Addresses of the Form I-140, Immigrant Petition for Foreign Worker to find out where you should submit your application. Sometimes they transfer workloads between service centers, so make sure you send the form to the closest filing address.
  • Make sure the applicant signs the Form I-140.
  • If you are submitting this form with other requests linked to the beneficiary’s name, write the beneficiary’s name on the payment document.
  • Generate a check per form. If you use a single check to be able to pay more than one application, and they specify that you do not properly submit one of the forms, it may be that all the other forms are rejected.
  • If necessary, submit Form G-28, Notice of Appearance as Attorney or Authorized Representative with original signatures.

Instructions for Completing Form I-140

If you don’t know how to fill the Form I-140, here we give you the instructions:

  • Confirm that you provide the contact information for the applicant, not the attorney, in the Part 1 ofl Form I-140.
  • Indicate only one preferred visa category in the Part 2 of Form I-140. They will deny your form if you leave the Part 2 blank, or if you select more than one preferred visa category.
  • If the beneficiary will be installed in a customer’s location, you must indicate the address of the location in the Part 6 of Form I-140.

  • For the E11 and NIW submission, you must include the information in the Part 6. Basic information about the proposed job. At a minimum you must fill out: Job Title, SOC Code, non-technical description of the job. All of these data are important to verify the proposed beneficiary / self-petitioner entrepreneurship, or how he plans to pursue employment in his area of ​​expertise in the United States.

How to File Form I-140 Requires DOL Approved Labor Certification

If you send the Form I-140, and you apply for a visa category that requires a labor certificate approved by the U.S. Department of Labor (DOL), they will review your form to verify that the application is supported by a valid labor certificate. Visa categories include:

  • E21, Subjects of Professions who have completed a postgraduate degree or a foreigner with extraordinary abilities.
  • Part 2. option d.
  • E32, Professional, Part 2. option e.
  • E31, Right-handed worker, Part 2. option f.
  • EW3, Other Workers, Part 2. option g. Watch page.

You must present your work certificate and the Form I-140 within the 180-day validity period indicated at the bottom of each page of the DOL employment certificate. They deny any Form I-140 that does not contain a DOL employment certificate, unless it clearly indicates that you are applying under one of the following two exceptions:

  • If you require a certification double labor, select the box «Yes – Attach an explanation» and in Part 4, Item 8 of the form. Write in large, bold type on a sheet of bright-colored paper and place the paper directly under the application.
  • If you are going to present the application as a modified petition, and the original labor certification has already been filed with another application, check the box “Yes – Attach explanation” / “Yes. Attach an Explanation ”in Part 4, Item 7 of the Form. Place a sheet of bright colored paper directly below the application, and write in large bold type that this application is a modified petition, and that the labor certification has already been submitted. You must also issue the receipt number of the Form I-140 featured above, if you have it.

What is it for?

The Form I-140 is used for the following cases:

  • Immigrant You have served as a senior executive, manager, or administrative area in a senior agent, company, or any other legal organization for at least one year in the last three years since you applied, and you want to work with the same US employer or company USA
  • The immigrant who is a prominent professor or researcher, and has three years of experience as a teacher or researcher in a given research area.

  • Those who have titles advanced and outstanding skills in the arts, sciences, or business, and that will benefit the interests and development of the American economy.
  • If there is not enough workforce In the United States to perform this job, immigrants with certain skills can obtain training through training, or after two years of accumulation of experience, they can work in the United States.
  • There is not enough workers unqualified (trained or qualified with less than two years of experience) in the United States to perform tasks.
  • A professional with a baccalaureate degree.

Processing costs

The cost of processing the Form I-140 It is $ 700. You can pay by money order, personal check, or cashier’s check. You can also use Form G-1450 (Credit Card Transaction Authorization) to pay by credit card by submitting an application at a secure USCIS location.

If the payment is made by check, must be paid to the United States. Department of Homeland Security. Please note that the service center cannot process credit card payments.

Where is Form I-140 Filed?

You can send the form (s) to the address stipulated on the form’s website. You can submit your forms via USPS, FedEx, DHL, or UPS.

If you mail the form or application to a wrong direction, they can reject it for being presented incorrectly and they will return it to you for you to return to present.

What is Form I-140?

To obtain a permit to work in the United States, the immigrant must be the beneficiary of the alien’s immigration application, or Form I-140, which is an employment-based immigrant visa.

Although obtaining approval from the Form I-140 it will not change your nonimmigrant status in the United States, it allows you to work in the United States for a specific period of time sponsored by your employer.

The process

After receiving the Form I-140, the Immigration Office will verify if the application is complete and will attach the supporting documents.

If necessary, the Immigration Office will ask the applicant to apply for a interview. If approved, the immigration office will notify the applicant. Approval of this petition will not grant permanent resident immigrant status.

The applicant will be asked to change their status or apply for an immigrant visa. New jobs in the United States will require approval of the new Form I-140. This can only change for those self-sponsored people, and if the new workplace is very similar, the same application will continue to be valid. Watch page.

Labor certification

If a labor certification is required, the labor certification application must be submitted and approved before submitting the Form I-140.

The certificate Job is a kind of test that shows that there are not enough local employees, qualified, willing or available when foreigners apply for work.

You should also know that hiring the foreign worker does not hurt the salary or employment status of existing American workers.

If he Form I-140 based on a labor certificate, the date the application is received by the Department of Labor is the priority date; If the application does not require certification, the date USCIS accepts the form is the priority date.

Applicants can check the visa announcement regularly to confirm the priority date.

Presentation of Evidence with Form I-140

  • The labor certification, if relevant.
  • The employer must send the following documents, as evidence to verify that you are able to pay the payment package provided: copies of annual reports, tax returns and registered monetary data. Similarly, if an employer has more than 100 employees, it must issue a statement from a tax officer of the company to confirm this. You can submit attached documents such as bank statements, profit or loss accounts, or employee records.

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