Immigrant Petition for Alien Worker Form I-140

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FORM I-140

An I-140 petition is the second step in the employment based Green Card process. Once your PERM Labor Certificate is approved, your employer will file a Form I-140 – known as Immigrant Petition for Alien Worker – on your behalf. 

The Labor Certification requirement is waived for a National Interest Waiver (NIW) petition under EB-2 and is not required for any EB-1, EB-4 petitions.

EB-1 EB-2 and EB-3 allow you to file your Form I-485, Application to Register Permanent Residence or Adjust Status at the same time the Form I-140, Immigrant Petition for Alien Worker is pending. This is called “concurrent filing.” For more information on concurrent filing, see our Concurrent Filing page.

Employment-based Green Card Steps Overview

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Who May File FORM I-140?

A U.S. employer may 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 as outstanding:

A. In a tenured or tenure-track position at a university or institution of higher education to teach in the academic area;

B. In a comparable position at a university or institution of higher education to conduct research in the area; or

C. In a comparable position to conduct research for a private employer that employs at least three persons in fulltime research activities and which achieved documented accomplishments in an academic field.

2. An alien, who in the three years preceding the filing of this petition, has been employed in a primarily managerial or executive capacity for at least one year by a firm or corporation or other legal entity and who seeks to enter the United States to continue to render services to the same employer, or to a subsidiary or affiliate, in a capacity that is managerial or executive.

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 national economy, cultural or educational interests, or welfare of the United States.

4. A skilled worker (requiring at least two years of specialized training or experience in the skill) 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.

In addition, any employer, person, or third party may file this petition, including the alien beneficiary of the petition, if the petition is being 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 have been recognized in the field; or

2. A member of the professions holding an advanced degree or 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” or “NIW.”

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HOW to FILL THE FORM I-140?

You can fill out the form on a computer, typewriter or by hand. If you are filing it out by hand, you must write neatly in black ink. It is very important answer all of the questions. If a question does not apply, type or write “NA” in the appropriate space. Attach separate pieces of paper to the form if you need more room to answer any questions. Include your name and Alien Registration Number (if applicable) at the top of each one, and specify which question you are answering by including the number before the answer. Be sure to sign the form in the space provided. USCIS automatically rejects any forms that are incomplete and/or unsigned. You must submit the required fees and all supporting documents to USCIS along with the application.

HOW to FILL THE FORM I-140?

You can fill out the form on a computer, typewriter or by hand. If you are filing it out by hand, you must write neatly in black ink. It is very important answer all of the questions. If a question does not apply, type or write “NA” in the appropriate space. Attach separate pieces of paper to the form if you need more room to answer any questions. Include your name and Alien Registration Number (if applicable) at the top of each one, and specify which question you are answering by including the number before the answer. Be sure to sign the form in the space provided. USCIS automatically rejects any forms that are incomplete and/or unsigned. You must submit the required fees and all supporting documents to USCIS along with the application.

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DOCUMENT CHECKLIST

  • Filled Form I-140;
  • Approved PERM (Labor Certificate);
  • I-140 filing fee;
  • Proof of the financial position of your employer/company in the form of an audited financial statement or a statement from the CFO of your company.
  • Experience letters from all your previous employers;
  • Other documents such as degree certificates, qualification letters etc. may be required;

FORM I-140 filing instructions

Filing Fee: $700. You may pay the fee with a money order, personal check, or cashier’s check.

Where To File?  The filing address depends on whether you are filing Form I-140 by itself or with another form. Check the Direct Filing Addresses for Form I-140 for instructions on where to mail your form.

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FORM I-140 filing instructions

Filing Fee: $700. You may pay the fee with a money order, personal check, or cashier’s check.

Where To File?  The filing address depends on whether you are filing Form I-140 by itself or with another form. Check the Direct Filing Addresses for Form I-140 for instructions on where to mail your form.

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