Is I-140 an Immigrant Petition? All You Need To Know

Is I-140 an Immigrant Petition
Is I-140 an Immigrant Petition  | photo courtesy |  Twitter

 

If you’re a foreign worker seeking permanent residence in the United States, you may need to submit Form I-140, known as the Immigrant Petition for Alien Workers.

In this article, we’ll delve into what Form I-140 entails, its eligibility criteria, and the advantages associated with its filing.

What is  Form I-140?

Form I-140 serves as an immigration petition initiated by U.S. employers aiming to sponsor foreign workers for employment-based immigration.

Its primary purpose is to demonstrate that the employer has a job opening and that no qualified U.S. workers are available to fill the position.

Additionally, the form establishes that the foreign worker meets the requirements for the relevant visa category.

Eligibility for Form I-140

U.S. employers can file Form I-140 to sponsor a foreign worker for a green card, provided there’s a valid employer-employee relationship and a permanent, full-time position offered in the United States.

Filing requires the employer to cover the filing fee and submit essential supporting documents, including labor certification, a job offer letter, and evidence of the foreign worker’s qualifications.

Certain foreign workers, qualifying for EB-1A, EB-1B, or EB-2 visa categories, can self-file Form I-140 without employer sponsorship.

These individuals must demonstrate exceptional achievements or contributions in their field, aligning with the national interests of the United States.

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Benefits of Filing Form I-140

Submitting Form I-140 offers several advantages for both employers and foreign workers:

  1. Establishing Priority Date: Sets the foreign worker’s priority date, determining when they can apply for a green card based on visa availability.
  2. Status Extension: Allows the foreign worker to extend their nonimmigrant status (e.g., H-1B or L-1) while awaiting their green card, known as H-1B or L-1 portability.
  3. Job Portability: Permits the foreign worker to change employers without losing their priority date, as long as the new job is in a similar occupational classification (I-140 portability).
  4. Family Derivatives: Enables the foreign worker’s spouse and unmarried children under 21 to apply for a green card as derivative beneficiaries.

In conclusion, the Form plays a vital role in employment-based immigration, allowing U.S. employers to sponsor foreign workers for permanent residency.

It also grants certain foreign workers the ability to self-petition based on their exceptional abilities, outstanding research, or national interest.

The form’s filing offers numerous benefits, emphasizing the importance of a careful and accurate submission.

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