Information about the Form I-140 Petition

The Form I-140 Petition is the Petition for Alien Worker. This form is the petition that an employer may file with the US Citizenship and Immigration Services (USCIS) to apply for the issuance of an immigrant visa through employment in the US.

 

For whom can this form or petition be filed?

The Form I-140 may be filed by an employer for the following workers or employees:

  • Outstanding professors or researchers with at least three years’ experience and possessing outstanding international recognition
  • A managerial or executive employee who has been employed in this position for three years prior to the filing of the petition in a corporation, firm or organization that is a subsidiary or affiliate of a US company.
  • Professionals holding advanced degrees
  • Professionals holding baccalaureate degrees
  • Aliens with exceptional abilities in the sciences, arts, or business whose employment will substantially benefit the US economy, culture or education interests.
  • Skilled workers who have at least two years’ specialized training or experience to perform work for which qualified workers are not available in the US.
  • Unskilled workers who perform labor that need no specialized training or experience and who perform work for which qualified workers in the US are not available

 

This form may also be filed by the following persons themselves:

  • Persons of extraordinary ability in the sciences, arts, education, business or athletics as evidenced by national or international acclaim
  • Professionals holding advanced degrees or who have exceptional abilities in the sciences, arts, or business

 

Where can this form be obtained?

This form may be obtained free of charge from the website of the US Citizenship and Immigration Services.

 

How can the form be filled out?

It comes in a PDF format. It may be viewed and printed or filled out by hand or by computer.  If filling in by hand, please remember to type or print legibly using black ink. If extra space is needed to complete any item in the petition, a separate sheet of paper must be used. All questions must be fully and accurately answered.  If questions do not apply to you, please put “N/A” (non-applicable).

Also remember that the petition must be accompanied with documents that are necessary to prove the facts asserted in the petition.

 

What must be attached as supporting documents in the petition?

The following documents may be attached as supporting documents:

  • Certificates of birth, marriage, or divorce
  • Decrees of annulment or adoption
  • Photograph of biographic pages of the passport
  • Resume or curriculum vitae
  • Transcripts of academic records, certificates or diplomas obtained
  • Awards honors or prizes received
  • Employment records or employment history
  • Contract of employment or offer of employment from US employer
  • Original scientific or scholarly papers written and published
  • Certification from the US Department of Labor that there are insufficient workers who are able, willing or qualified and available to fill the position offered to the alien worker
  • Proof of the employer’s ability to pay the wage of the foreign national

 

How can the filing fee for the petition be made?

The filing fee must be made by check or money order drawn against a US bank.  It must be payable in US dollars.  If paying by check, the check must be payable to the US Department of Homeland Security.

 

How should the petition be filed?

For US employers, the petition may be filed by US mail or by courier (FedEx, UPS and DHL).

 

Where should the petition be filed?

The petition must be filed through the USCIS post office box in Texas. If the employer wishes premium processing, the petition must be filed at any of the Premium Processing Centers in Nebraska or Texas. A pending I-140 petition may be upgraded to premium processing and the request for upgrade may be filed at the USCIS Service Centers in Nebraska, Texas, Vermont or California.

 

How can an applicant know that the petition was received by the USCIS?

An applicant may fill out a e-Notification of Application/Petition Acceptance (Form G-1145).  This must be clipped (not stapled) to the front or first page of the petition.  So that when the USCIS receives the petition, it will send a text message or email to the applicant that the petition was accepted.

If you need help filling out a Form I-140 or sending a petition to the USCIS with supporting documents attached, consult any of our immigration lawyers at Lluis Law. We are ready and willing to help you.

 

 

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