April 3, 2020

Immigrant Petition: All About The USCIS I-140 Form

There are different ways to get to the United States of America. One of which is by immigrating to the country. Under the immigrant petition option, there are different choices as well. One of which is with an employer-sponsored green card. This is probably the best choice for anyone who wishes to work in the US on a permanent basis.

immigrant petition

The USCIS I-140 form is basically a petition that a US employer files for a foreign worker. No one else can do the filing, especially not the worker himself. The said form entails application for a permanent right to work in the country, and it is usually available for those individuals who are highly qualified in their respective fields.

When applying for a green card, the second step in the process is the filing of the Form I-140 by the US employer. In this part of the petition process, it is essential that the labor certification has already been filed and approved accordingly. This certification states that there are no workers in the US who have the capacity to fulfill the duties and responsibilities required of the position and the foreign worker to be hired for it.

During the process, it is also required that the employer show proof that the company is capable of compensating the foreign worker for doing the job and all the tasks it entails. There are other documents that should be presented along with the Form I-140. These include the approved labor certification, the employer’s financial statement, the employee’s documents of previous work experiences and all the other qualification certifications and documents proving one’s educational background and the likes.

All these are then submitted to the USCIS. The visa petition should come with the details pertaining to where the petition has been filed. It can be a visa application at an American consulate or an application for adjustment of one’s status with the USCIS office.

The application and all the necessary documents supporting it should be mailed to the USCIS. Once they are received, an application receipt notice is sent to the applicant to serve as proof that one’s application has been reserved by USCIS. When the petition is approved, an approval notice is sent out. This means that the green card processing can now proceed.

However, one thing that should be noted about this is how the application’s approval does not change a thing about the applicant’s non-migrant status. It shall be the same as when the petition was not yet approved. Since the petition depends on the applicant’s job, a new I-140 form has to be filed if one changes jobs.

A Form I-485 can be filed along with the filing of a Form I-140. In case the latter has already been filed, the other one can be duly complied along with the document for employment authorization.

When it comes to an immigration petition, there are different requirements that should be fulfilled. It might seem too hard to handle for a regular guy, but it can surely bring around results that are greatly rewarding.