What is Form I-140?
Form I-140, officially known as the “Immigrant Petition for Alien Worker,” is a form used by U.S. Citizenship and Immigration Services (USCIS) for certain employment-based immigrant visa categories. This form is used by U.S. employers to petition for foreign workers to obtain lawful permanent resident status (green cards) based on their employment.
The primary purpose of Form I-140 is to establish that the foreign worker meets the eligibility criteria for a specific employment-based immigrant visa category. The form is submitted by the U.S. employer on behalf of the foreign worker and is an essential step in the process of obtaining permanent residency through employment.
Form I-140 is used for various employment-based immigrant categories, including:
- EB-1: Priority Workers: This category includes individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers.
- EB-2: Advanced Degree Professionals or Individuals with Exceptional Ability: This category includes individuals with advanced degrees or exceptional ability in the sciences, arts, or business.
- EB-3: Skilled Workers, Professionals, and Other Workers: This category is for skilled workers, professionals, and other workers in various industries.
- EB-4: Special Immigrant Religious Workers: This category is for religious workers seeking to work in the U.S. in a religious capacity.
- EB-5: Immigrant Investors: This category is for foreign investors who invest a certain amount of capital in a new commercial enterprise in the U.S. that creates jobs.
The requirements and documentation needed for Form I-140 vary based on the specific employment-based category. Generally, the U.S. employer needs to demonstrate that they have a legitimate job offer for the foreign worker, that the foreign worker meets the qualifications for the chosen category, and that the employer can financially support the foreign worker’s position.
Once Form I-140 is approved by USCIS, the foreign worker may proceed with the next steps in the immigration process, which can include filing for adjustment of status (if already in the U.S.) or consular processing (if outside the U.S.).
As immigration policies and procedures can change, it’s important to refer to the official USCIS website for the most up-to-date information and instructions related to Form I-140 and employment-based immigrant visas.
Form I-140 filing fee
The filing fee for Form I-140, Immigrant Petition for Alien Worker, varies depending on the specific employment-based category you are applying under. Keep in mind that USCIS fees can change over time, so it’s crucial to check the official USCIS website or other reliable sources for the most up-to-date and accurate fee information.
As a general guideline, here are the filing fees for Form I-140 based on different employment-based categories:
- EB-1: The filing fee for Form I-140 in the EB-1 category (including EB-1A, EB-1B, and EB-1C subcategories) is typically higher than other categories due to its preference for priority workers. The standard filing fee for EB-1 is higher than the fees for EB-2 and EB-3 categories.
- EB-2 and EB-3: The filing fees for Form I-140 in the EB-2 and EB-3 categories are generally lower than those for EB-1. These categories include professionals, skilled workers, and other workers.
It’s important to note that there might be additional fees if you choose to use the USCIS Premium Processing Service, which expedites the processing of your Form I-140. Premium Processing requires an additional fee and guarantees a response from USCIS within 15 calendar days.
The specific filing fee for your Form I-140 will depend on the employment-based category you are applying under and whether you choose to use Premium Processing. To get the most accurate and up-to-date information about filing fees for Form I-140, refer to the official USCIS website’s “Check Filing Fees” page or consult with an immigration attorney or expert.
Who can file Form I-140?
Form I-140, Immigrant Petition for Alien Worker, is typically filed by U.S. employers on behalf of foreign workers who are seeking permanent residency (green cards) in the United States based on employment: https://bwea.com/form-i140/
The U.S. employer is the petitioner in the I-140 petition, and the foreign worker is the beneficiary. The ability to file Form I-140 depends on the employment-based immigrant category under which the petition is being filed. Here are some common scenarios:
- EB-1 Category (Priority Workers):
- EB-1A (Extraordinary Ability): Individuals with extraordinary ability in the sciences, arts, education, business, or athletics can self-petition and file Form I-140 without the need for an employer sponsor.
- EB-1B (Outstanding Professors and Researchers): U.S. employers can file Form I-140 on behalf of professors and researchers who are recognized as outstanding in their academic or research fields.
- EB-2 Category (Advanced Degree Professionals or Individuals with Exceptional Ability):
- S. employers can file Form I-140 on behalf of foreign workers who possess advanced degrees or exceptional ability in the sciences, arts, or business.
- EB-3 Category (Skilled Workers, Professionals, and Other Workers):
- S. employers can file Form I-140 on behalf of foreign workers who are skilled workers, professionals, or other workers in various industries.
- EB-4 Category (Special Immigrant Religious Workers):
- Certain religious organizations can file Form I-140 on behalf of foreign workers seeking to work in the U.S. in a religious capacity.
- EB-5 Category (Immigrant Investors):
- S. employers can file Form I-140 on behalf of foreign investors who invest a certain amount of capital in a new commercial enterprise in the U.S.
It’s important to note that the specific requirements and documentation needed for Form I-140 vary based on the employment-based category. Generally, the U.S. employer must demonstrate that they have a genuine job offer for the foreign worker and that the foreign worker meets the qualifications for the chosen category.
Additionally, some employment-based categories, such as EB-1A, allow dataroma individuals with extraordinary abilities to self-petition without requiring employer sponsorship.
As immigration policies and regulations can change, it’s recommended to refer to the official USCIS website for the most up-to-date information regarding eligibility and requirements for filing Form I-140 under different employment-based categories.