Let’s learn about I-140:
An employer can petition a foreign worker to become a permanent resident of the United States using Form I-140, Immigrant Petition for Alien Worker. The employment-based immigration process includes this petition. The I-140 document needs to provide proof of the validity of the employment offer, the position’s eligibility requirements, and the foreign worker’s training and experience. It is usually submitted following the employer’s acquisition, if necessary, of a labor certification from the Department of Labor. After the I-140 is approved, the employee can move forward with the subsequent procedures to acquire a green card.
What do we understand by alien worker?
A foreign national who works or seeks employment in a nation where they are neither a citizen nor a permanent resident is referred to as an “alien worker.” When it comes to immigration to the United States, an alien worker is any non-citizen who is permitted to work there on a variety of work visas, including the H-1B, L-1, or I-140 employment-based immigrant petition. The phrase covers a wide range of job scenarios, from contact employees to individuals pursuing permanent residence.
What documents do we need for I-140?
The completed Form I-140, an authorized labor certification (if necessary), and proof of the employer’s ability to pay the promised wage (such as tax returns or financial records) are necessary to file an I-140, immigrant Petition for Alien Worker. Documents confirming the employer’s company operations (business licenses, articles of incorporation), a comprehensive employment offer letter, and evidence of the foreign worker’s qualifications (educational degrees, experience letters) are also required. In addition, copies of the foreign worker’s identity documents (passport and visa) and any other paperwork unique to their employment-based category are needed.
Let’s look into fees:
As of 2024, there is a $700 filing fee for Form I-140, Immigrant Petition for Alien Worker. The employer is required to pay this charge at the time of submission. Payment may be made to the U.S. Department of Homeland Security by check or money order. If premium processing—which speeds up the adjudication process—is requested, additional costs might be incurred. As fees are subject to change, it’s crucial to visit the USCIS website or speak with an immigration attorney for the most up-to-date information.
Approval timeline of I-140:
Form I-140, Immigrant Petition for Alien Worker, normally takes six months to more than a year to be approved. This is due to a number of factors, including the complexity of the case, the employment-based preference category, and the USCIS service center handling the petition. For an extra charge, premium processing speeds up the procedure to 15 calendar days. It is essential to keep an eye on the USCIS processing timelines for the most precise predictions, as delays may arise from requests for more documentation or higher-than-normal application volumes.
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