If you’re a foreign national seeking to immigrate to the United States for employment, you may have heard about the importance of the I-140 form.
In this blog post we’ll take a closer look at what you need to know about this important form.
What is the I-140 Form?
Employers use this form to petition for an employment-based immigrant visa on behalf of a foreign national worker. The I-140 application is a critical step in filing for the the process of obtaining permanent residency in the U.S.
EB-1, EB-2, and EB-3 are three main employment based Immigrant visa categories. These categories are based on factors such as the worker’s skill level, education, and experience.
What are the requirements?
The employer must provide documentation that supports the worker’s eligibility for the requested employment-based immigrant visa category. This may include evidence of the worker’s education, work experience, and skill level.
The employer must demonstrate the ability to offer the foreign national worker a full-time job. As well as willing to pay the worker the prevailing wage for that position.
Finally, the employer must provide evidence that they have the ability to financially support the worker if necessary.
What Happens After I File the I-140?
USCIS will review the application and make a decision on whether to approve or deny the petition.
With an approved application the foreign national worker may be eligible to apply for permanent residency in the U.S. This process may involve additional steps, such as filing an adjustment of status application or consular processing.
If the application is denied, the employer may have the option to file an appeal or a motion to reopen or reconsider the decision.
Why is the I-140 Important?
The I-140 is a critical part of the employment-based immigration process. Without an approved application, foreign national workers may not be eligible to obtain permanent residency in the U.S.
The application is often used as a key factor in determining eligibility for other benefits such as H-1B visa extensions or employment authorization documents.
Overall, the application is an essential form for employers and foreign national workers who are seeking to obtain permanent residency in the U.S. It is recommended to work with an experienced immigration attorney.