What is the purpose of Form I-140?
Form I-140, Immigrant Petition for Alien Workers is used to petition for an alien to become a permanent resident in the United States based on employment.
Who may file Form I-140?
- An employer or prospective employer may file a Form I-140 for an alien.
- A foreign national may self-petition for certain employment-based categories (such as EB-1A, EB-2 with National Interest Waiver, and EB-3 for some physicians) if he or she meets the eligibility requirements.
What are the eligibility requirements for Form I-140?
To be eligible for Form I-140, the alien worker must have a job offer or a prospective job offer from a U.S. employer who is willing to sponsor the alien for permanent residency. Additionally, the employer must establish that it is able to pay the alien worker the prevailing wage for the job in the intended area of employment.
Who may not file Form I-140?
Individuals who are not eligible to file Form I-140 include:
- Foreign nationals who do not have a job offer or prospective job offer from a U.S. employer.
- Foreign nationals who do not meet the eligibility requirements for the specific employment-based category they are applying for.
- Individuals who are not sponsored by a U.S. employer.
What documents are required for Form I-140?
Employers and self-petitioners must submit the following documents:
- Evidence of the employer’s ability to pay the prevailing wage, such as an annual report, federal tax return, or audited financial statement;
- Proof of the alien’s qualifications for the job, such as educational degrees, certifications, or job experience;
- Job offer or contract with the employer;
- Evidence of the employer’s business, such as articles of incorporation or a business license;
- Evidence of the employer’s financial standing, such as bank statements, financial reports, or tax returns;
- Any other relevant documentation.
NOTE: The required documents may vary depending on the employment-based category and the individual circumstances of the case.
For more details on Form I-40, visit https://www.uscis.gov/i-140.
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