The United States Citizenship and Immigration Services (USCIS) uses Form I-140 to petition for an alien worker to become a permanent resident in the United States. Form I-140, or the Immigrant Petition for Alien Worker, is the first step towards the permanent residence in the U.S., but approval of this form does not in itself grant permanent residence or employment authorization.
To ensure your Form I-140 is accepted:
- Complete the whole form accurately
- Sign the form
- Pay the correct filing fee of $700
- Submit the required evidence listed in the form instructions
Any Form I-140 that does not have those four items checked off will be rejected by USCIS. Keep in mind that the petition is not considered properly filed until it is accepted by USCIS officially. They may request that more information or that you provide further evidence to support your petition. USCIS may even request an interview with you at a USCIS office.
Form I-140 Approval
The decision on a Form I-140 petition comes down to whether or not you have proven your eligibility for the immigration visa that you seek. Essentially, petition approvals have established that the person filing is eligible for the requested U.S. immigrant classification. Either way, USCIS will send you the decision on your Immigrant Petition for Alien Worker in writing. If your petition is approved, USCIS will provide you with information about the requirements for the person to receive an immigrant visa or to adjust status.
Filing Fee for Form I-140
The current filing fee, as of August 2017, for the Immigrant Petition for Alien Worker is $700. However, because USCIS changes its fees occasionally, you will want to verify that the Form I-140 filing fee is correct by doing one of the following:
- Visit the USCIS website, select “FORMS,” and check the appropriate fee.
- Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Evidence Needed With Form I-140
Each category and subcategory of the employment-based visa program has its own applicant requirements. Evidence must be provided that supports the applicant’s ability to meet them. This includes, but is not limited to, any of the following:
- Evidence showing national or international acclaim;
- Evidence of being recognized internationally as outstanding in a specified academic field;
- The offer of employment in the form of a letter;
- Evidence of the educational, training, or experience;
- Labor certification;
- Ability to pay wage (U.S. employer can in fact pay the proffered wage).
The labor certification establishes that there are not enough workers in the U.S. able, willing, qualified, and/or available to fill the position offered to you, the alien, where the job is to be located. Furthermore, your employment, if qualified, will not negatively affect wages and working conditions of similarly employed U.S. workers.
Keep in mind that it is not necessarily a complete list of the evidence required. You should consider consulting with someone experienced in immigration law on the evidence you’ll need in your Immigrant Petition for Alien Worker filing.
Where to File Form I-140
The filing address changes depending on whether or not you are filing this petition alone or along with another form. Check the Direct Filing Addresses for Form I-140 for information on where to mail your form. For current and up-to-date information on where to file an Immigrant Petition for Alien Worker, visit USCIS’s official page on Form I-140 or call the USCIS National Customer Service Center at 1-800-375-5283.