Employment Based Green Card
An I-140 petition is typically the second step in the employment based Green Card Process (getting a certified PERM application is typically the first with some exceptions). Once the PERM Labor certificate is approved, the employer is required to file the Form I-140, Petition for Immigrant Worker, on the employee’s behalf.
The I-140 petition requires the employer to demonstrate that the company is in a good financial position capable of paying the salary advertised for the job. For this purpose employers financial statement and corporate income tax returns documents are also required.
Documents typically attached with the I-140 petition?
- Properly completed and signed Form I-140
- Approved and signed certified PERM application (Labor Certification)
- I-140 filing fee of $580
- Financial documents from the Employer demonstrating ability to pay the employee’s salary certified in the PERM application
- Documents from Employee documenting education and experience required for the position and certified to in the PERM application.
- Information on the spouse and children, if any, of the employee
When the Form I-140 employment-based immigrant visa petition is submitted to the USCIS Service Center , the petitioner must indicate whether the beneficiary will apply for “consular processing” at an American Consulate overseas for an immigrant visa or will apply for adjustment of status (AOS) or (form I-485) to permanent residence with the INS.
After your I-140 is filed:
After the USCIS receives your I-140 petition packet, it will issue a Receipt Notice and assign a file number to your case. If the USCIS approves your petition then an Approval Notice will be issued. The USCIS will issue Priority Date on your I-140 approval notice.
How long does it take for the USCIS to approve your I-140?
The amount of time taken by the USCIS to issue an Approval Notice depends entirely on the backlog at the particular Service Center where your petition was filed. Usually it takes no more than 3 months for this process to be completed, however, processing time may vary from case to case. If you want to expedite your case you can expedite your case by filing I-907 (Premium Process) form with USCIS with additional filing fee $1225.00. If you are filing I-907 form, USCIS will process your case within 15 days.
Does an approved I-140 change your immigration status?
No, an approved I-140 petition will not change your nonimmigrant status. You will remain on the same status as before the petition was filed.
Can you file I-140 and I-485 together?
Yes, this is known as concurrent filing. If the visa is current and if you have filed an I-140 petition, you are eligible to file I-485 (adjustment of status) application. Additionally, applications for Employment Authorization (EAD) and Advance Parole may be filed with the I-485 application. Family members (spouse, children) can also file I-485 at this time.
If I-140 and I-485 are filed concurrently, will the USCIS process them simultaneously?
Yes, now a concurrently filed I-140 and I-485 petition will be adjudicated simultaneously. However, if your I-140 is denied, I-485 will also be rejected.
Filing an Employment Based Green Card application is a complex process. Please contact the Hassonjee Law Firm for assistance in filing the PERM application, the I-140 petition and the I-485 application.
I-140 Immigrant Worker Petition Permanent Worker Visa Preference Categories
|Preferences||General Description||Labor Certification Required?|
|First Preference EB-1||This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.||No|
|Second Preference EB-2||This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.||Yes, unless applicant can obtain a national interest waiver (See the Labor Certification link to the right for more waiver information.)|
|Third Preference EB-3||This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)||Yes|
|Fourth Preference EB-4||This preference is reserved for special immigrants, which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.||No|
|Fifth Preference EB-5||This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.||No|