USCIS I-140 Form: Everything You Need to Know

Are you considering working in the United States? If this is the case, you may be required to file an I-140 petition for employment-based immigration. The I-140 is a petition form used to request that an immigrant worker become a permanent resident of the United States. We'll cover everything you need to know about I-140 petitions in this article, including what they are, who is eligible, and how to file.

Understanding I-140: Eligibility and Process

What is the I-140 Form?

The I-140 form, officially known as the Immigrant Petition for Alien Workers, is used by U.S. employers to petition for an immigrant worker to obtain permanent residency in the United States. It is part of the employment-based immigration process, where U.S. employers may hire foreign workers for specific positions when qualified U.S. workers are not available. The petition can be filed for various categories of workers, including skilled workers, professionals with advanced degrees, and individuals with extraordinary abilities in fields such as sciences, arts, and business. In some cases, the petition can also be filed by the foreign worker themselves, such as when requesting a National Interest Waiver. The approval of the I-140 form petition by USCIS is a necessary step before the immigrant worker can proceed with obtaining a green card, through either adjustment of status or consular processing.

The Department of Labor has introduced a new edition of the Form ETA-9089, Application for Permanent Employment Certification, which is essential for certain Form I-140 classifications. This updated form comprises a primary form, four appendices, and a Final Determination. When filing Form I-140, the specific documents required by USCIS will vary based on whether the classification necessitates a certified or uncertified Form ETA-9089. This change underscores the importance of understanding the updated certification process to ensure compliance and successful petition filing.

Who is Eligible for I-140, Immigrant Petition for Alien Workers?

We explain who can file an I-140 petition in this section. You must meet the following requirements to be eligible for an I-140 petition:

• A job offer from a US employer is required.

• The job must necessitate a high level of skill and knowledge.

• Your employer must agree to sponsor your permanent residence.

• You must meet any job-related education, training, or experience requirements.

There are various types of employment-based immigration, each with its own set of eligibility requirements. Individuals with exceptional ability in science, art, education, business, or athletics, for example, are eligible for the EB-1 category. Individuals in the EB-2 category have advanced degrees or exceptional ability in their field. The EB-3 classification is reserved for skilled workers, professionals, and other workers.

You can read more about who is eligible for an I-140 petition here.

What supporting documents are required for an I-140 petition?

Depending on the category of employment-based immigration, the supporting documents required for I-140 petition may differ. In general, the employer must provide proof of the foreign worker's qualifications and ability to pay. The following are some examples of supporting documents that may be required:

1- Educational and employment records: The employer must provide evidence that the foreign worker has the necessary education, training, or experience for the job. Diplomas, transcripts, and letters of employment verification are examples of such documents.

2- Financial statements: The employer must demonstrate their ability to pay the wages of the foreign worker. Financial statements, tax returns, and other financial documents are examples of this.

3- Job offer letter: The employer must provide the foreign worker with a job offer letter that details the job title, job duties, salary, and other employment terms and conditions.

4- Labor certification: In some cases, the employer may be required by the Department of Labor to obtain a labor -certification. This procedure entails demonstrating that there are no qualified US workers available to fill the position.

5- Other related documents: The USCIS may require additional documents to support the I-140 petition depending on the category of employment-based immigration. For example, if the foreign worker is applying as an individual with exceptional ability, they may be required to provide evidence of their achievements in their field, such as awards, publications, and media coverage.

You should also be aware that the USCIS may require an appointment for biometric services to verify identity and conduct background checks.

When filing Form I-140, petitioners are required to include both the North American Industry Classification System (NAICS) code and the Standard Occupational Classification (SOC) code relevant to the petition. The NAICS code identifies the specific industry of the petitioner or sponsoring employer, while the SOC code categorizes the job title and occupational role of the beneficiary. These codes ensure that the petition aligns with recognized industry and occupation standards. Petitioners must enter the codes accurately, filling any unoccupied boxes with zeros to maintain the required six-digit format. NAICS codes can be found through the U.S. Census Bureau, and SOC codes are available from the Bureau of Labor Statistics. Including these codes correctly is crucial for ensuring proper classification and avoiding delays in petition processing.

In order to ensure that all necessary documents are included with the I-140 petition, it is critical to carefully review the USCIS guidelines and requirements for the specific category of employment-based immigration.

How to translate required documents for I-140 Form?

USCIS does not accept documents written in a language other than English. Because of that, required documents may be translated into another language. In this situation, you can follow these steps:

1- Find a qualified translation service: It is critical to select a qualified translation service which is professional in both languages. The translation service should ideally also be familiar with immigration documents.

2- Include a certification: At the end of the translated form, the translator should provide a certification confirming that they are fluent in both languages and that the translation is accurate to the best of their knowledge. That is, you will need certified translation.

3- Submit the translated form: With your immigration application, you must submit both the original English version of the document and the translated version.

It should be noted that all documents submitted in a language other than English must be accompanied by a certified English translation. The translator should sign the translation, stating that they are fluent in both languages and that the translation is correct. If you have any questions or concerns about translating your I-140 form or any other immigration documents, you should consult with an experienced immigration attorney. To learn more about certified translation, you can check out our blog article.

Academic evaluations are required by USCIS for your documents. In addition to certified translation, we provide professional academic evaluation services to meet those requirements. Find all of your immigration needs in one place at MotaWord. Further details can be found here.

How long does I-140 take?

The processing time for an I-140 petition depends on a number of factors, including the type of employment-based immigration, the USCIS workload, and the accuracy and completeness of the petition and supporting documentation. The USCIS estimated processing times for I-140 petitions as follows:

• EB-1A, EB-1B, EB-1C, and National Interest Waiver: 6 to 8 months

• EB-2 and EB-3: 10 to 24 months

• EB-4 and EB-5: 6 to 8 months

It should be noted that these are only estimates; actual processing times may vary depending on the individual case. The USCIS guarantees a response within 15 calendar days of receipt of the I-140 petition if the employer has requested premium processing. To avoid delays in processing, it is always a good idea to check the USCIS website for the most up-to-date processing times and to carefully review the USCIS guidelines and I-140 instructions for the specific category of employment-based immigration.

Filing and Processing I-140

How to File an I-140 Petition?

In order to file an I-140 petition, you must follow these steps:

- Complete Form I-140: You must complete the I-140 petition form and submit supporting documentation. This includes proof of your qualifications as well as proof of the employer's ability to pay your wages.

- Submit the Petition: When completed, the form must be submitted to USCIS along with the filing fee and any required supporting documents.

- Wait for USCIS to Process the Petition: The petition will be reviewed by USCIS, and additional information or documentation may be requested. You might also be required to attend an interview.

- Receive the Decision: You will receive a notice of approval from USCIS when the petition has been approved. Then you can proceed with the next steps in the immigration process.

Remember that you must file an amended petition if there are changes to a previously filed I-140, and you must notify USCIS of any address changes within 10 days of moving.

Where to file I-140?

Where you can file I-140 form varies depending on the type of employment-based immigration and whether the employer requests premium processing. In order to ensure where you can file the form, you should check out the website and the USCIS guidelines and I-140 instructions for the specific category of employment-based immigration. It is also critical to include all required supporting documents with the I-140 form and to pay the correct filing fees.

What is the filing fee for an I-140 petition?

The fee for filing an I-140 petition varies depending on the type of employment-based immigration and whether the employer requests premium processing. The paper filing fee is $715 but it should be cross-checked with the most recent USCIS Form G-1055 to ensure accuracy. There is an additional fee if the employer requests premium processing. Premium processing ensures that the USCIS will respond within 15 calendar days of receiving the I-140 petition.

To avoid delays or issues with the application, it is critical to check the USCIS website for the most recent filing fees and to submit the correct filing fees with the I-140 petition.

I-140 Approval and Deny

What Does I 140 Approval Mean?

When USCIS approves an I-140 petition, it means that the petition has been validated and the foreign worker is eligible for the requested employment-based immigrant category. However, approval of the I-140 petition does not immediately grant permanent residency. It is an important step toward obtaining a green card, but the foreign worker must still complete additional steps, such as applying for adjustment of status or going through consular processing, before they can become a lawful permanent resident.

What Is I-140 Approval Notice?

The I-140 approval notice is an official confirmation from USCIS that the I-140 petition filed on behalf of a foreign worker has been approved. This approval indicates that USCIS has determined the petition meets the eligibility requirements for the specified employment-based immigrant category. While the approval of the I-140 is a significant step, it does not grant lawful permanent resident status immediately. Further steps, such as adjustment of status or consular processing, are required before the foreign worker can become a lawful permanent resident​.

What happens after my I-140 is approved?

When an I-140 petition is approved, the USCIS will notify both the petitioner and the beneficiary (the individual for whom the petition was filed). The next steps are determined by the beneficiary's situation and immigration objectives. Here are some examples:

1- Adjustment of status (AOS): If the beneficiary is already in the United States and qualifies for adjustment of status (AOS) to permanent residency, they can file an I-485 application along with any necessary supporting documents required for I-140 and fees. If the I-485 application is approved by the USCIS, the beneficiary will receive a green card and become a lawful permanent resident of the United States.

2- Consular processing: If the beneficiary is not in the United States, they must complete consular processing in their home country to obtain an immigrant visa from a US consulate or embassy. They will be required to attend an interview and provide any supporting documentation. If the visa is granted, they will be able to travel to the United States and become permanent residents.

3- Priority date: In some cases, the beneficiary's employment-based immigration category may be subject to visa availability, and they may need to wait for their priority date to become current before they can proceed with filing for adjustment of status or completing consular processing.

4- Change of employer: If the beneficiary changes jobs after their I-140 is approved, they may be able to keep their priority date and proceed with the adjustment of status or consular processing. They will, however, need to file a new I-140 petition with the new employer.

It should be noted that approval of an I-140 petition does not guarantee that the beneficiary will be granted permanent residency. To complete the adjustment of status or consular processing process, the beneficiary must still meet all eligibility requirements and follow all required procedures.

What happens if i-140 is denied?

If your I-140 petition is denied, you have several options depending on the specific circumstances of your case:

Appeal the decision: If the USCIS made an error in interpreting the law or facts of your case, you may be able to appeal the decision. If you decide to appeal, you must submit Form I-290B within 30 days of receiving the denial notice.

File a Motion to Reopen: You may be able to file a Motion to Reopen with the USCIS if new evidence or information becomes available that could affect the outcome of your case. You must present the new evidence and explain why it was unavailable at the time of your original petition.

File a Motion to Reconsider: You may be able to file a Motion to Reconsider if you believe the USCIS made an incorrect decision based on the evidence available at the time of your original petition. You must explain why you believe the decision was wrong and provide any additional evidence to back up your claim.

Refile the petition: You may be able to refile the I-140 petition with additional or corrected information depending on the reason for the denial.

It's important to note that if your I-140 petition is denied, it may affect your ability to pursue other aspects of your immigration case, such as an I-485 application. To determine the best course of action in your specific situation, consult with an experienced immigration attorney.

I-140 and Concurrent Filings

Can I File I-140 And I-485 Concurrently?

Concurrent filing of Form I-140, Petition for Alien Worker, and Form I-485, Application to Register Permanent Residence or Adjust Status, is permitted only in specific cases where a visa number is immediately available, as indicated by the latest Visa Bulletin issued by the U.S. Department of State. This means that individuals may file both forms together only if their employment-based visa category is current. Visa availability can vary depending on the employment-based category and the applicant's country of chargeability.

It is important to note that not all employment-based categories allow concurrent filing. Eligibility for concurrent filing also depends on additional factors, such as the applicant being physically present in the United States and meeting the requirements for adjustment of status, including maintaining a valid nonimmigrant status or qualifying for certain waivers.

When filing Form I-140 and Form I-485 concurrently, USCIS recommends that the forms be assembled separately with supporting documents. Each form package should include its respective form, payment method (such as a check or Form G-1450 for credit card payments), Form G-1145 for e-Notification (if applicable), Form G-28 for attorney representation (if applicable), and the supporting documentation specific to each form.

Due to the complexities involved and the specific conditions required for concurrent filing, it is advisable to consult with an experienced immigration attorney. They can help ensure that all necessary documentation is properly compiled and guide you through the intricate policies regarding immigration and visa availability.

It is essential to carefully review the latest USCIS guidelines and Visa Bulletin before proceeding with concurrent filing to avoid unnecessary delays or complications in the immigration process.

I-140 vs. I-485

The I-140 form and the I-485 form are both used in the US immigration process, but their purposes are different.

The I-140 form is an immigration form that is used to petition for an immigrant worker to be granted permanent residency in the United States. It is filed on behalf of a foreign worker who meets the requirements for employment-based immigration by an employer. The I-140 form is used to show that the employer has a job offer for the foreign worker and that the foreign worker meets the job requirements. The I-140 form is a critical step in the employment-based immigration process, and it must be approved by the USCIS before the foreign worker can proceed to the next steps, such as applying for adjustment of status or consular processing to obtain a green card.

In contrast, the I-485 form is an application for adjustment of status to permanent resident status in the United States. It is filed by the foreign worker after the USCIS has approved their employer's I-140 form. The I-485 form is used to apply for a green card from within the United States and contains information about the foreign worker's personal history, immigration history, and biographical information. The I-485 form also requires the foreign worker to submit to a medical exam and a background check.

To summarize, the I-140 form is used by the employer to petition for an immigrant worker, whereas the I-485 form is used by the foreign worker to apply for adjustment of status in order to become a permanent resident in the United States.

What happens after i-140 is approved in concurrent filing?

When the I-140 and I-485 forms are filed concurrently, the process after the I-140 is approved is dependent on whether or not the I-485 is also approved. If both the I-140 and the I-485 applications are approved, the beneficiary will be granted a green card and become a lawful permanent resident of the United States. If the I-140 is approved but the I-485 is not, the beneficiary may be eligible for interim benefits such as employment authorization (EAD) and advance parole (AP). The EAD allows the beneficiary to work in the US while the I-485 is being processed, and the AP allows the beneficiary to travel outside the US and return while the I-485 is being processed. The beneficiary will receive a green card and become a lawful permanent resident of the United States once the I-485 is approved. It's important to note that processing times for both the I-140 and the I-485 can vary greatly, and neither application is guaranteed to be approved. If you have any concerns or questions about your case, you should keep track of the status of both applications and consult with an experienced immigration attorney.

FAQs On I-140 Form

Can I change job while I-140 is pending?

In general, an individual is free to change jobs while their I-140 petition is pending with the USCIS. However, there are a few things to keep in mind:

1- The new job must be in the same or a similar occupation to the job listed on the I-140 petition. If the new job is in a different field, it may have an impact on eligibility for employment-based immigration.

2- If the new job is with a different company, the new company may be required to file a new I-140 petition for the individual. If the individual changes employers, the new employer may need to file a new I-140 petition, unless the individual is eligible to retain their priority date and transition to a new job in a similar occupational classification under certain circumstances (such as when an I-485 has been pending for 180 days or more, under the portability provisions of the American Competitiveness in the 21st Century Act (AC21)).

3- If the I-140 petition is approved and the individual's priority date becomes current, they must be working in the same or a similar occupational classification as the job listed on the I-140 petition when applying for adjustment of status or consular processing to obtain a green card.

4- If the individual's I-140 petition is denied, changing jobs may affect their ability to file a new petition in the future.

Before changing jobs while an I-140 petition is pending, it is critical to consult with an experienced immigration attorney to ensure that the change will not affect the individual's eligibility for employment-based immigration.

Can I travel while I-140 is pending?

Traveling outside of the United States while an I-140 petition is pending is possible, but there are important considerations and restrictions:

• If you have filed an I-485 Application to Adjust Status: It's critical not to leave the United States until you have obtained Advance Parole. Traveling abroad without Advance Parole can lead to the abandonment of your I-485 application. Advance Parole allows you to return to the U.S. while your adjustment of status application is pending without affecting its outcome.

• If you are currently outside the United States: If your I-140 petition gets approved while you are abroad, you will need to obtain an immigrant visa from a U.S. consulate or embassy before you can re-enter the country. It’s essential to coordinate this process properly to ensure re-entry without issues.

• Visa Application Considerations: If you are outside the United States and your I-140 is still pending, be aware that your application for a visa may be influenced by the consular officer's assessment of your ties to your home country or eligibility for the visa. A pending I-140 may not ensure visa approval.

• Maintaining Lawful Status: If you are in the U.S., ensure that you maintain a valid nonimmigrant status while your I-140 is pending. Leaving the U.S. might impact your current status and ability to return.

• USCIS Appointments and Deadlines: Ensure that your travel plans do not interfere with any scheduled USCIS appointments or crucial deadlines related to your I-140 petition.

• Legal Consultation: Given the complexities and potential risks associated with international travel while an I-140 petition is pending, consulting with an experienced immigration attorney before making travel plans is strongly advised. They can provide tailored advice based on your specific situation.

In summary, while traveling during the I-140 process is not strictly prohibited, it requires careful planning and consideration of your current immigration status, pending applications, and the potential consequences of leaving the U.S. Always prioritize maintaining lawful status and adhering to USCIS requirements and appointments.

Can we check i-140 status online?

Yes, you can use the USCIS case status check system to check the status of an I-140 petition online.

You will need the 13-character receipt number assigned to your case when you filed your petition to check the status of an I-140 petition. The receipt number can be found on the receipt notice you received from the USCIS after they received your application.

When you have your receipt number, go to the USCIS Case Status Online webpage and enter it in the appropriate field. The system will then show you the current status of your I-140 petition, as well as any updates or changes.

It's important to keep in mind that USCIS processing times can vary greatly, and online case status information isn't always up to date or accurate. If you have any concerns or questions about your case, you should keep an eye on the USCIS processing times for I-140 petitions and consult with an experienced immigration attorney.

Can I change jobs after my I-140 is approved?

Changing jobs after your I-140 petition has been approved is possible but involves important considerations, especially if your I-485 application for permanent residency (Green Card) has not yet been approved. Under the American Competitiveness in the Twenty-first Century Act (AC21), you may change jobs or employers without affecting the status of your approved I-140 petition, provided certain conditions are met:

Same or Similar Occupational Classification: The new job offer must be in the same or a similar occupational classification as the job for which the original I-140 petition was submitted. This is essential to qualify for job portability under AC21.

Pending I-485 Application: To utilize AC21 portability, your I-485 application must have been pending for more than 180 days. If you change jobs before your I-485 has been pending for 180 days, it could jeopardize the application's outcome, and a new I-140, along with a new PERM labor certification, might be necessary from the new employer.

Supplement J Form: When changing jobs, if your I-485 is still pending, you should file an I-485 Supplement J form. This confirms that you have a valid job offer in a role that is the same or similar to the one described in the approved I-140 petition.

After Green Card Approval: If your I-485 application has been approved and you have already received your Green Card, you have more flexibility to change jobs. However, you should still ensure that any new employment is compliant with all immigration laws and regulations.

Given the complexity of job changes after an I-140 approval, especially before permanent residency has been secured, it is highly recommended to consult with an experienced immigration attorney. They can provide guidance on whether your new job offer meets the necessary criteria for AC21 portability and help ensure that the transition does not negatively impact your ongoing immigration applications or future status.

Remember, while changing jobs after an I-140 approval is permissible under certain conditions, each case is unique, and failing to comply with the necessary requirements can lead to complications. Therefore, obtaining professional legal advice before making the change is crucial to maintaining your pathway to permanent residency.

Is I-140 same as green card?

No, the I-140 (Petition for Alien Worker) is not the same as a Green Card. The Form I-140 is an essential step in the process for a foreign worker to become eligible for an employment-based Green Card, but it is not the final step. The approval of an I-140 petition signifies that the U.S. Citizenship and Immigration Services (USCIS) has agreed that the petitioning employer can hire the beneficiary for the permanent job offered, but this approval does not grant the beneficiary lawful permanent resident status in the United States.

After the I-140 petition is approved, the beneficiary must still undergo the process of adjusting their status to a permanent resident by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) if they are within the United States, or they must complete consular processing abroad. Only after the I-485 has been approved, or the beneficiary has been granted an immigrant visa through consular processing and admitted to the U.S. as a permanent resident, does the individual actually receive a Green Card.

Thus, while the I-140 is a crucial step toward obtaining a Green Card, it should not be confused with the Green Card itself. The I-140 petition simply establishes a foreign worker's eligibility under a specific employment-based category for immigration to the United States. The actual Green Card, representing lawful permanent residency, is only obtained after additional requirements are fulfilled, including the availability of a visa number based on the beneficiary’s priority date and visa category.

Can I-485 Be Denied After I-140 Approval?

Yes, even after the approval of Form I-140, Form I-485 can be denied. Because they are separate applications with their own eligibility requirements, approval of the I-140 does not guarantee approval of the I-485.

Several factors could result in an I-485 denial, including:

Ineligibility: If the applicant does not meet all of the eligibility criteria for adjustment of status, such as a criminal record, immigration violations, or failing to meet requirements specific to the I-140 petition category.

Changes in circumstances: If the applicant's circumstances have changed, such as losing eligibility for the immigrant category or becoming ineligible due to new information discovered during the I-485 adjudication.

Documentation issues: Failure to provide supporting documentation, fill out incomplete forms, or respond to USCIS requests for additional information can all result in denial.

Priority date retrogression: If the immigrant category's priority date retrogresses (moves backward), applicants may face delays or denials if their priority date is no longer current when their case is being processed.

If your I-485 application is denied, the USCIS will usually tell you why and whether you can appeal or reapply. It is critical that you carefully review the denial notice and, if possible, seek legal advice to understand your options.

Can I-485 Be Approved Before I-140

An I-485 cannot typically be approved before an I-140 (or another eligible immigrant petition) because the I-485 relies on an approved or concurrently filed I-140 (or another eligible immigrant petition) as the basis for applying for lawful permanent residency.

The I-485 is an application for adjusting status to permanent resident status within the United States, and it usually requires an approved immigrant petition (such as an I-140) as the underlying basis for eligibility. When an individual can file the I-485, the priority date established by the I-140 filing determines when the I-485 can be filed, but the I-485 is generally not approved until the priority date becomes current.

In some cases, where both the I-140 and the I-485 are filed concurrently (at the same time) and the applicant's priority date is current, USCIS may approve the I-485 before the I-140. This could happen if there is a significant backlog in I-140 processing compared to I-485 processing, causing the I-485 to be processed faster.

This, however, is not the standard procedure. Normally, I-140 approval comes before I-485 approval because the I-485 is conditional on having an approved immigrant petition establishing eligibility for permanent residency.

Can I Stay In Us While I-140 Is Pending?

Yes, you can remain in the United States while your I-140 is being processed. However, your ability to remain in the United States during this time is contingent on your current immigration status.

You can generally stay in the United States if you have a valid nonimmigrant status, such as an H-1B or L-1 visa, as long as you maintain your nonimmigrant status while the I-140 is pending. It is critical that you follow the terms of your current visa, including employment terms, and that you do not overstay your authorized period.

If your I-140 is approved and your priority date becomes current, you may be able to file an I-485 and become a lawful permanent resident (green card holder) without leaving the United States.

If you do not have a valid nonimmigrant status or if your status expires while the I-140 is pending, you may need to consider other options, such as changing or extending your status or leaving the United States until you have a legal basis to re-enter, such as through an approved immigrant petition.

While waiting for the I-140 to process, it is critical to maintain legal status and understand the implications of your visa status. An immigration attorney can provide tailored advice based on your specific circumstances.

Overall, submitting an I-140 petition is a critical step in the employment-based immigration process. If you're thinking about going this route, make sure you meet the eligibility requirements and follow the correct procedures. You can obtain permanent residence in the United States and pursue your career goals with the right guidance and support.

Conclusion

Understanding and accurately completing the USCIS Form I-140 is a critical step in your employment-based immigration process. This form serves as evidence of your qualifications and potential contributions to the US economy, so it is important to ensure that every detail is correct and that all supporting documents are in order.

By following the guidelines in this article, you can navigate the complexities of the I-140 form with greater confidence. From understanding the different preference categories to gathering the necessary evidence and ensuring that your translations are certified and accurate, each step is critical.

Working with experienced professionals to translate your documents can greatly streamline this process and reduce the risk of delays or rejections due to translation errors. MotaWord offers certified translation services that meet USCIS standards, ensuring that your documentation is handled accurately and professionally.

Embarking on this journey is undoubtedly challenging, but with the right preparation and resources, you can increase your chances of a successful application. Remember, every piece of the puzzle is important and meticulous attention to detail can make all the difference in achieving your immigration goals.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”