OUR IMMIGRATION SERVICESImmigrant Petition (Form I-140)

Form I-140: The key to employment-based green cards

The Immigrant Petition for Alien Workers, known as Form I-140, is an essential document for foreign workers seeking U.S. permanent residence (Green Card) under employment-based categories. This petition helps employers or beneficiaries demonstrate eligibility and successfully navigate the U.S. immigration system.

At Arvian Law Firm, we provide expert guidance to ensure that every step of the process is completed smoothly and accurately. Here, we’ll break down the essentials, the filing process, and how to overcome challenges.

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Understanding Form I-140: Categories, Eligibility, and Documentation

Understanding Employment Based Visa Categories

Form I-140 supports several employment-based visa categories, each of which is tailored to specific skills and levels of expertise. Choosing the right category and meeting its criteria is critical to the success of your petition.

Major Visa Categories Supported by Form I-140

EB-1 (Priority Worker):
- EB-1A (Extraordinary Ability): For individuals with extraordinary accomplishments in fields such as science, the arts, education, or athletics. Examples include Olympic athletes or Nobel Prize winners.
- EB-1B (Distinguished Professors and Researchers): Requires international recognition in research or teaching and at least three years of experience in the field.
- EB-1C (Multinational Executives/Managers): For individuals with managerial or executive positions in multinational corporations.
EB-2 (Advanced Degree Professionals):
- EB-2A: For professionals with advanced degrees in relevant fields.
- EB-2B (Extraordinary Ability): For individuals with unique expertise that benefits the national interest.
EB-3 (Skilled workers, professionals, and other workers):
- Skilled worker: Positions requiring at least two years of education or experience.
- Professional: Jobs requiring a bachelor’s degree.
- Other workers: Unskilled jobs that do not fall into the first two categories.

Eligibility Requirements for Form I-140:

General Requirements:
- Beneficiaries must meet the eligibility criteria for the selected visa category.
- Employers must demonstrate the ability to pay the offered wage from the priority date.
Category-specific documentation:
- EB-1A: Significant awards, memberships, or original contributions.
- EB-1B: Letters of recommendation, published materials, or awards in the field.
- EB-2: Advanced degrees, certifications, or letters of experience.
- EB-3: Educational credentials, work experience, or training certificates.

The Filing Process and Overcoming Challenges

Filing Form I-140 is a multi-step process that requires accuracy and attention to detail. Delays or denials often result from incomplete applications or insufficient documentation.

Step-by-step application guide:

Gather Documentation: Gather evidence of your qualifications, such as diplomas, letters of employment, or financial records.
Complete the Form I-140: Make sure each section of the form is completed accurately.
Pay the Filing Fee: Pay the $700 fee and include all supporting documents.
Respond to USCIS Requests: If USCIS asks for more information or evidence, respond promptly to avoid delays.

Common challenges and solutions:

Incomplete or Inaccurate Applications: Double-check all forms and supporting documents for accuracy.
Insufficient Evidence: Provide detailed and well-organized documentation to establish the beneficiary’s qualifications.
Employer Financial Issues: Submit strong financial evidence, such as tax returns or profit and loss statements, to prove the employer’s ability to pay the offered wage.
Job or Employer Changes: Seek legal advice to adjust your application appropriately in the event of a job change.

How Arvian Law Firm ensures success with Form I-140

At Arvian Law Firm, we understand the complexities of Form I-140 and provide comprehensive support tailored to each client’s needs. From filing to approval, our team is committed to providing expert assistance.

Comprehensive services we provide

Step-by-step guidance: We help you gather the necessary documents, complete the forms, and submit the petitions.
Personalized Advice: Our attorneys analyze your case to recommend the best visa category and filing strategy.
Expert Problem Solving: We identify potential problems in your case and proactively resolve them.

Our Proven Track Record

With years of experience and a history of successful cases, Arvian Law Firm helps clients achieve their immigration goals efficiently and effectively.

How the Green Card Process via I-140 Works Step by Step

Consultation

Initial case evaluation

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Document Collection

Gathering supporting evidence

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I-140 Preparation

Drafting the petition

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Submission

Filing with USCIS

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USCIS Requests

Responding to RFEs (if any)

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Waiting for Decision

USCIS reviews your case

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Next Steps

Adjustment of Status or Consular Processing

Download I-140 Document Checklist

Get a complete list of all documents required for your Form I-140 petition.
Download our free, up-to-date PDF checklist and make your preparation easier!

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Answers to FAQs

Can I file Form I-140 if I am not sponsored by an employer?

Yes, in some cases. For example, individuals petitioning under the EB-1A (Extraordinary Ability) or NIW (National Interest Waiver) categories can self-petition, meaning they do not need an employer sponsor.

What is the difference between regular processing and premium processing of the Form I-140?

Regular processing typically takes several months, depending on the workload at the USCIS Service Centers. Premium processing expedites the process to 15 calendar days for an additional fee of $2,500, but is not available for all visa categories.

What is the role of the PERM labor certification in the Form I-140 process?

A PERM labor certification is required for most EB-2 and EB-3 categories. It requires the employer to certify to the Department of Labor that there are no qualified U.S. workers available for the job before petitioning for the foreign worker.

Can I change employers after my Form I-140 has been approved?

Yes, but it depends on the timing. If your I-140 is approved and you have filed for adjustment of status (Form I-485), you may be eligible for Portability under the AC21 rules, provided the new job is in the same or similar occupational classification.

What happens if the Form I-140 is denied?

If you are denied, you may appeal the decision or file a motion to reopen/reconsider. However, effectively appealing a denial often requires legal assistance to understand and correct the issues that led to the denial.

How does the priority date work in the Form I-140 process?

The priority date is generally the date your PERM labor certification was filed (or the date your I-140 was filed if no PERM is required). It determines when you can proceed with your adjustment of status application (Form I-485) or consular processing, based on the visa bulletin issued by the U.S. Department of State.

Can family members (spouse and children) benefit from Form I-140 approval?

Yes, they can. Once your I-140 is approved and your adjustment of status (Form I-485) is filed, your spouse and unmarried children under the age of 21 may be eligible to apply for a green card as derivative beneficiaries. They may also qualify for work authorization and travel permits during the process.