For many foreign nationals hoping to work and live permanently in the United States, Form I-140, Immigrant Petition for Alien Worker, is one of the most important steps in the employment-based green card process. This form, officially filed with the U.S. Citizenship and Immigration Services (USCIS), is how an employer demonstrates that they wish to sponsor a foreign worker for permanent residency based on their professional skills, qualifications, or outstanding achievements. Whether you are an employer preparing to file on behalf of an employee or a worker trying to understand your immigration path, knowing exactly how to complete and submit Form I-140 correctly is critical.
Form I-140, also known as the Immigrant Petition for Alien Worker, is used by U.S. employers to petition for a foreign national to become a permanent resident under an employment-based visa category. It serves as proof that a legitimate job offer exists and that the applicant meets the qualifications required for that role. Depending on the visa preference category,EB-1, EB-2, or EB-3,the form helps USCIS determine eligibility for a green card based on extraordinary ability, advanced degrees, or skilled and professional labor.
In most cases, the U.S. employer files the I-140 petition on behalf of the foreign worker. However, certain applicants, such as those under the EB-1A (extraordinary ability) or EB-2 NIW (National Interest Waiver) categories, can self-petition without employer sponsorship. Understanding which category applies to you is the first and most crucial step before completing the form. If you are wondering whether to qualify to file independently or need employer sponsorship, Beyond Border helps you determine your eligibility and clarifies which employment-based category best suits your qualifications.
Preparing to File: Required Documents and Information
Before filling out Form I-140, it’s essential to gather all necessary information and supporting evidence. The employer must provide documentation to prove the company’s legitimacy and its ability to pay the offered wage, while the foreign worker must submit proof of qualifications and experience. Typical documentation includes the company’s financial records or annual reports, a copy of the labor certification (if applicable), educational credentials such as degrees or transcripts, employment verification letters, and any licenses or certifications required for the position. The USCIS may also require translations for any documents not originally in English. Every detail matters, as errors or omissions can lead to processing delays or even denials. If you’re worried about filling out your I-140 correctly or identifying which category to select, Beyond Border assists in reviewing your application to ensure accuracy before submission.
Once the form is complete and all supporting documents are ready, the next step is filing the I-140 with USCIS. Petitions are typically mailed to the appropriate USCIS service center based on the petitioner’s location and the type of employment-based category. Employers must include the required filing fee, currently listed on the USCIS website, along with Form G-28 (if an attorney is representing them).
The employer or petitioner will then receive a Form I-797 Notice of Action confirming that USCIS has received the petition. Processing times can vary, but employers can opt for premium processing by filing Form I-907, which guarantees a decision within 15 calendar days for an additional fee. It’s important to track your case status regularly to ensure no additional information is requested. If you need help understanding where to send your I-140 package or how to expedite your petition through premium processing, Beyond Border can guide you through each filing stage.
Once the I-140 petition is approved, the next phase depends on the foreign worker’s location. If the worker is already in the U.S., they may apply for Adjustment of Status (Form I-485) once their priority date becomes current. If they are outside the country, the approved petition will be forwarded to the National Visa Center (NVC) for consular processing.
In some cases, USCIS may issue a Request for Evidence (RFE) seeking additional documentation or clarification. Responding promptly and accurately is crucial to keep the application moving forward. Once approved, the beneficiary can continue the process of obtaining a green card and, eventually, permanent residency. Beyond Border can help you interpret your I-140 approval notice, track priority dates, and plan the next steps toward obtaining your employment-based green card.
Filing Form I-140 is one of the most significant milestones in the employment-based immigration process. It bridges the gap between securing a job offer and obtaining a U.S. green card. While the process can be intricate, following the right steps, preparing the necessary documentation, and ensuring accuracy on every form can greatly increase your chances of approval. For employers, this form represents an investment in global talent; for foreign workers, it’s a doorway to new opportunities and stability in the United States.
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