What is Form I-140?
Form I-140, also known as the Immigrant Petition for Alien Worker, is an immigration form used in the United States. It is filed by employers on behalf of certain foreign workers to petition for their permanent residency, also known as a Green Card. The I-140 is one of the key steps in the employment-based immigration process.
Here’s a brief overview of how the process works:
- Employer Sponsorship: Form I-140 can only be filed by a U.S. employer (or a potential employer) who intends to hire a foreign national for a permanent job position.
- Employment Categories: The I-140 is filed under specific employment-based immigration categories, such as:
EB-1: For priority workers, including individuals with extraordinary ability, outstanding professors and researchers, and multinational managers or executives.
b. EB-2: For professionals holding advanced degrees or individuals with exceptional ability in their respective fields.
c. EB-3: For skilled workers, professionals, and other workers with at least two years of experience or training.
d. EB-4: For special immigrants, including religious workers and certain other categories.
e. EB-5: For immigrant investors who invest a significant amount of capital in a new commercial enterprise and create jobs for U.S. workers.
- Labor Certification (in some cases): Before filing Form I-140 in the EB-2 and EB-3 categories, the employer may be required to obtain a labor certification from the U.S. Department of Labor. This process ensures that there are no qualified U.S. workers available for the position being offered to the foreign worker.
- Priority Date: The filing of the I-140 establishes the foreign worker’s priority date, which is important for determining their place in the visa queue. Priority dates are critical in the context of limited visa numbers in some employment-based categories.
- Green Card Application: After the I-140 is approved, the foreign worker may apply for a Green Card by either adjusting their status if they are already in the U.S. or through consular processing if they are outside the U.S.
It is important to note that the I-140 process can be complex and time-consuming, and it is advisable to seek the assistance of an experienced immigration attorney to navigate through the application successfully. Additionally, the specific requirements and processing times may vary depending on the employment category and the current immigration regulations.
Who can file Form I-140?
Form I-140, the Immigrant Petition for Alien Worker, can be filed by U.S. employers or prospective employers on behalf of certain foreign workers. The form is used to petition for the foreign worker’s eligibility for a Green Card (permanent residency) based on employment in the United States.
Only employers can initiate the I-140 petition; the foreign worker cannot file it on their own behalf. The eligibility criteria for filing Form I-140 vary depending on the specific employment-based immigration category under which the petition is filed. The main employment-based categories are as follows:
- EB-1: Priority Workers
- Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- Outstanding professors and researchers.
- Multinational executives or managers.
- EB-2: Professionals Holding Advanced Degrees or Persons with Exceptional Ability
- Individuals with advanced degrees (master’s degree or higher) or its equivalent.
- Foreign workers with exceptional ability in their respective fields.
- EB-3: Skilled Workers, Professionals, and Other Workers
- Skilled workers with at least two years of job experience or training.
- Professionals with a bachelor’s degree or its equivalent.
- Other workers in positions requiring less than two years of training or experience.
- EB-4: Special Immigrants
- Certain special immigrant categories, such as religious workers, certain broadcasters, and employees of U.S. foreign service posts.
- EB-5: Immigrant Investors
- Foreign investors who invest a specified amount of capital in a new commercial enterprise that creates jobs for U.S. workers.
It’s important to note that the I-140 petition is specific thestyleplus to the employment-based Green Card process. Other types of immigration benefits, such as family-based Green Cards, have different petition forms and requirements.
Once the I-140 petition is approved by the U.S. Citizenship and Immigration Services (USCIS), the foreign worker becomes eligible to move forward with the final step of the Green Card process, which involves either adjusting their status if they are already in the U.S. or going through consular processing if they are outside the U.S.
How much does it cost to file Form I-140?
The filing fee for Form I-140, Immigrant Petition for Alien Worker, was $700 USD. However, please note that immigration fees are subject to change over time, and it is essential to verify the current fee with the U.S. Citizenship and Immigration Services (USCIS) at the time of filing.
Additionally, it is common for employers to bear the cost of filing Form I-140 on behalf of the foreign worker, as it is typically an employer-sponsored petition for employment-based immigration. The employer is responsible for covering the filing fee and any other associated costs.
In certain cases, premium processing service may be available for Form I-140, which allows for expedited processing of the petition for an additional fee. As of my last update, the premium processing fee was $2,500 USD. However, this fee may also change over time, so it is crucial to check the USCIS website or consult with an immigration attorney for the most up-to-date information on filing fees and premium processing options.
Keep in mind that government filing fees and premium processing fees are subject to change, so it is essential to confirm the current fees with USCIS or funnyjok consult with an immigration attorney to ensure accurate and up-to-date information.