IMMIGRANT PETITION FOR ALIEN WORKER FORM I-140
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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 full-time 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.”
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.
- 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.
THE TRADITIONAL LEGAL SERVICE: FULL ATTORNEY REPRESENTATION
- Check Your Eligibility
- Attorney’s Consultation(s) (The lawyer will guide you through the application process)
- Less Questions, Faster Application (Work with your lawyer to prepare your application)
- Instant Alerts Help You Avoid Mistakes (After your lawyer reviews your forms, they’ll call you to discuss any errors or answer your questions about your forms)
- Technical Support (Access And Share Your Completed Forms After You File)
- Ensures Completeness (Once it’s complete, Attorney do a final review and file the paperwork with the US government on your behalf)
- Documents checklist (Work with your lawyer to prepare your application)
- Personalized Instructions (Personalized Supporting Documents and Evidence Checklist)
- Case submission (Your attorney will give you a checklist and guide you through the process collecting supporting evidence)
- Case Status Online Check (Work with your lawyer to prepare your application)
- Preparation for Immigration Interview (Your lawyer will file the application on your behalf)
- Immigration Interview appearance ** (Included case by case and location)
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