Who Can Petition For Visa Using Form I-140?

By Author: Nancy Mervin
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Do you as an employer in US want to sponsor for a foreign national to work on a permanent basis for you? Then for an immigrant visa based on employment USCIS needs to be petitioned with Form I-140. Prior to filing the form, labor certification must be filed and got approved in order to show that there are no qualified workers available at that time in US.

For every job change the employee requires a new Form I-140. Information about dependent spouse and children of the alien employee should be provided in Form I-140.

The US employer needs to file the petition for:

1. Researcher or professor with internationally recognized outstanding experience in teaching or research in any academic area.

2. Person already working with that employer for 3 years prior to filing the petition and also working in a executive or managerial capacity for at least 1 year wanting to enter US to continue rendering service for same employer or a subsidiary as a manager or executive.

3. Any professional member holding advanced degree or with outstanding skill in the field of science, art or business and whose ...
... employment would benefit the economy, cultural interests and welfare of United States.

4. Worker who is unskilled or skilled requiring less than 2 years of training and experience for jobs for which no qualified workers are available in US.

5. Baccalaureate degree holder

Documents required as evidences to file Form I-140

1) Labor certification: From the US department of Labor (DOL) original Program Electronic Review Management (PERM) labor certification is required for petitions of certain categories. ‎To establish there are insufficient workers capable and available in US to do the job post offered to the alien worker the labor certification is required. Also proof that this will not affect wages and working conditions of already employed US workers is required. Using Form ETA-9089 employer can apply for labor certification. These certifications are valid only for 180 days from date of issue prior to which the Form I-140 petitions would be accepted.

2) Able to pay wage: The proffered wage paying capability should be with the employer and as a proof for same audited financial statements, annuals report copies and federal tax returns copies should be submitted along the petitions. IRS tax number or social security number must be provided by US employers in Form I-140.

3) Premium processing: Form I-907 with service center information where the Form I-140 petition is pending and filing fee of $1225 should be submitted for quick processing.

Form Submission and fee details

Form I-140 along with the Application to Register Permanent Residence or Adjust Status Form I-485 called concurrent filing can be done. The Form I-140 petition must be filed at the USCIS Dallas Lockbox facility. Address is as follows:

For postal service of US:

USCIS
PO Box 660867
Dallas, TX 75266

For Express and courier deliveries:

USCIS
Attn: AOS
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

Filing fee is $580 can be paid as money order or check payable to U.S. Department of Homeland Security spelled out in full and not as initials like DHS.USCIS will determine whether the applicant is eligible for requested benefit and decision will be notified in writing to the applicant.

Applying for US citizenship

Green card