Form I-140 Explained

Introduction 

Form I-140, filed with US Citizenship and Immigration Services (USCIS), is usually used by a US employer or any other individual qualified for the petition for an employment-based immigrant visa for a foreign national. 

The main purpose of the form is to classify the beneficiary that is the foreign worker of another nationality under one of the employment based immigration visa categories that are available under the United States Citizenship Immigration Services. 

Who can File Form I-140?

Usually, a U.S. employer files the required form for a foreign national employee. The individuals who are eligible for this process are listed below:

1. Professors and Researchers: Professors and researchers who have at least three years of experience and recognized international excellence in their field are eligible under this category
2. Executives or Managers: Those individuals who have worked in a managerial or executive role for at least one year and are continuing with the same employer (or an affiliate) in the US in a similar capacity can qualify under this category.
3. Advanced Degree Holders and Workers with Exceptional Ability: Professionals with advanced degrees or individuals with exceptional skills in fields like science, business, or the arts are eligible under this category and it must be proven that the foreign nationals work work would significantly benefit the US economy, education, culture, or welfare.
4. Skilled Workers and Professionals: Under this category, US employers can petition for skilled workers and professionals with the degree to fill positions, but one important aspect is that they have to demonstrate that the job is not affecting the US workforce.
5. Unskilled Workers: This category includes individuals with less than two years of training or experience who fill positions where US workers are unavailable.

Under what circumstances individual can Self-Petition under Form I-140?

In some cases, individuals may file Form I-140 on their own behalf, such as:

1. Aliens with Extraordinary Ability: Those with exceptional achievements in fields like science, arts, or athletics, demonstrated through national or international acclaim, may self-petition.
2. National Interest Waiver (NIW): Individuals with advanced degrees or exceptional ability who seek to waive the job offer requirement because their work is in the national interest can also file for themselves.

What is the importance of Form I-140?

Form I-140 has multiple benefits that advance to its significance. 

1. It is a pathway for permanent residency for foreign nationals.
2. It helps in tapping global talent for diversity and creativity by employers.
3.  It is important as it is the core part for US employers to sponsor skilled foreign workers when they can’t find qualified US workers to fill specific roles.
4. It is proof that confirms the authenticity of the foreign nationals and that USCIS has reviewed the case.

What is the Fees and processing time for Form I-140?

• It is important to note that, as of September 2024, fees of  $715 for regular processing and $2805 for premium processing are to be paid as per USCIS. 
• The time for regular processing for form I-140 is about 10 months, whereas it will be 15-45 calendar days for premium processing in 2024.

What are the documents required for Form I-140?

When filing Form I-140, both employers and employees need to provide essential documentation to support the petition.

For Employers, the following documents are typically required:

• Proof of ability to pay the offered wage, such as financial statements, tax returns, or audited financial records.
• A formal job offer letter.
• A labor certification application form (PERM), if applicable.
• Company tax returns or financial statements demonstrating the company’s financial standing.

For Employees, the necessary documents include:

• A resume or CV showcasing qualifications and professional experience.
• Education qualifications, such as diplomas, transcripts, and degrees.
• Letters of recommendation from previous employers or colleagues to support expertise.
• Evidence of work experience, including letters from past employers, tax records, or similar documentation.
• A valid passport to confirm identity and citizenship.
• Proof of current work visa status, such as visa documentation or previous approvals.
• The I-94 Travel Record, which tracks arrivals and departures from the US

When can an employer skip a DOL Certificate?

Usually, the employer has to get a certificate from the Department of Labour in the United States in order to hire a foreign national, demonstrating that there is a need for experience and the workforce in the United States is not available for it, but there are some circumstances where this DOL is not required they are as follows:

E-11, Person of Extraordinary Ability:

• Identify which of the 10 eligibility criteria the person meets and provide proof for each.
• Show evidence that the person is coming to the US to continue working in their area of national or international recognition.

E-12, Outstanding Professor or Researcher

• Identify which of the six eligibility criteria the professor or researcher meets and provide proof for each.
• At least three years of experience,
• Submit a copy of the job offer or contract that specifies the job title, terms, and conditions.
• If the person has changed jobs, submit the above information for each job.

E-13, Multinational Executive or Manager

• Provide a cover letter that includes:
  • The name of the foreign employer,
  • The US job offered and duties,
  • The foreign job held and duties performed,
  • The years of employment,
  • The date the person transferred to the US, if relevant,
  • The relationship between the US company and the foreign company (affiliate, subsidiary, parent).

E-21, Member of the Professions with an Advanced Degree or Exceptional Ability (National Interest Waiver) :

• Show how the person qualifies as a professional with an advanced degree (e.g., an advanced degree or a bachelor’s degree with at least five years of experience) or as a person of exceptional ability.
• Provide proof to meet these three criteria:
  1. The person’s proposed work has substantial value and importance to the US
  2. The person is well-positioned to succeed in their work.
  3. It would be beneficial to the US to waive the requirement of a job offer and labor certification.

Schedule A, Group I or II Shortage Occupation

For jobs in occupations where there’s a known shortage of US workers (Form I-140, Part 2, Option 2.b.):

Conclusion

Form I-140 is for US employers and foreign nationals seeking employment-based immigration. It covers various visa categories, including those for persons of extraordinary ability, outstanding professors, researchers, and multinational executives. It is really important that you have sorted out documentation and agree to all the requirements that are essential for approval in order to improve your decision. 

At FileRight, we’re here to make your journey easier. Our advanced software helps you gather the right documents and ensures your application is complete, reducing the risk of errors. You don’t have to worry about missing details—we guide you step-by-step until your application is approved.