i140 Green card process quick overview and apply
If you are a highly skilled foreign worker in the United States and want to permanently live and work in the country, you may have heard of the i140 form. The i140 is an immigration petition that is a crucial part of the green card process for skilled immigrants. In this article, we will take a closer look at what the i140 form is, its purpose, and what you need to know about it to successfully navigate the green card process.
Table of Contents
- What is i140 Form?
- Purpose of i140 Form
- Eligibility Requirements for i140
- Filing i140 Form
- Priority Dates and Visa Bulletin
- i140 Premium Processing
- Common Reasons for i140 Denial
- Appeal and Reconsideration
- i140 vs. PERM Labor Certification
- i140 and H1B Visa
- i140 and Family Members
- Frequently Asked Questions
- Conclusion
What is i140 Form?
The i140 form is an immigration petition filed by an employer on behalf of a foreign national seeking permanent residency in the United States. It is also known as the Immigrant Petition for Alien Worker. This form is filed with the U.S. Citizenship and Immigration Services (USCIS) and is used to demonstrate that the employer has a US job opening and that the foreign national is qualified for that job. The i140 form is specific to the employment-based green card process and is not applicable to family-based green cards.
Purpose of i140 Form
The purpose of the i140 form is to establish the qualifications of the foreign national and the job requirements of the employer. The form serves as evidence that there is a valid job offer for the foreign national and that the employer is willing and able to pay the prevailing wage for that job. Additionally, the i140 form is used to ensure that the foreign national meets the eligibility requirements for the green card process.
Eligibility Requirements for i140
To be eligible for the i140 form, the foreign national must have a job offer from a U.S. employer. The US job must be permanent and full-time, and the employer must show that there are no qualified U.S. workers available to fill the position. The foreign national must also meet the educational and experience requirements for the job. The employer must also demonstrate that they are financially capable of paying the foreign national’s salary.
Filing i140 Form
To file the i140 form, the employer must complete and submit the form along with supporting documentation to USCIS. The supporting documentation includes the US job offer letter, the foreign national’s educational and employment history, and evidence of the employer’s ability to pay the prevailing wage. Once the i140 form is approved, the foreign national can move on to the next step in the green card process.
Priority Dates and Visa Bulletin
The green card process for skilled immigrants is subject to annual numerical limits. This means that there are a limited number of green cards available each year, and demand often exceeds supply. To manage this, USCIS assigns priority dates to i140 petitions based on the date they were filed. The priority date is the date that the foreign national’s place in line is established. The Visa Bulletin is a monthly publication by the U.S. Department of State that shows the availability of immigrant visas, based on priority dates. The Visa Bulletin is divided into different categories, and each category has its own priority date cutoff.
i140 Premium Processing
USCIS offers premium processing for i140 petitions for an additional fee. This service guarantees that USCIS will process the petition within 15 calendar days. If USCIS fails to meet this deadline, they will refund the premium processing fee. Premium processing can be helpful for fast and quick processing.
Checking i140 Status
Once the i140 petition has been filed, it’s important to keep track of its status. USCIS provides several options for checking the status of your i140 petition:
- USCIS Case Status Online: This is the easiest and most convenient way to check your i140 status. You can check your status online by entering your receipt number, which can be found on your Form I-797 Notice of Action.
- USCIS Contact Center: If you prefer to speak with a representative, you can contact USCIS by phone at 1-800-375-5283. You will need to provide your receipt number to the representative.
- Infopass Appointment: If you prefer to meet with a USCIS representative in person, you can schedule an Infopass appointment at a USCIS office near you. During the appointment, you can ask about the status of your i140 petition.
Understanding i140 Status
Once you have checked your i140 status , you may see one of several statuses:
- Case Received: This means that USCIS has received your i140 petition and is in the process of reviewing it.
- Case Approved: This means that USCIS has approved your i140 petition.
- Request for Evidence (RFE): This means that USCIS needs additional information or evidence to make a decision on your i140 petition.
- Denied: This means that USCIS has denied your i140 petition.
If you receive an RFE or denial, it’s important to consult with an experienced immigration attorney to determine your options for appealing or reapplying.
i140 Premium Processing
If you need a decision on your i140 petition quickly, you may be able to use premium processing. Premium processing is a service provided by USCIS that guarantees a decision on your petition within 15 calendar days for an additional fee. However, not all i140 petitions are eligible for premium processing, so it’s important to check with USCIS or an immigration attorney to determine if you qualify.
Common Reasons for i140 Denial
There are several common reasons why an i140 petition may be denied. These include:
- The employer is not financially capable of paying the foreign national’s salary.
- The job offer is not permanent or full-time.
- The foreign national does not meet the educational or experience requirements for the job.
- The employer did not follow the proper recruitment process to find qualified U.S. workers.
- The job offer does not match the job duties described in the i140 petition.
Appeal and Reconsideration
If an i140 petition is denied, the employer has the option to appeal the decision or request reconsideration. An appeal is a request to a higher authority to review the decision, while reconsideration is a request for USCIS to review the decision based on new information or evidence. It is important to note that the appeals and reconsideration process can be lengthy and costly.
i140 vs. PERM Labor Certification
The i140 petition is part of the employment-based green card process and is different from the PERM Labor Certification process. The PERM Labor Certification is a process that employers must go through to prove that there are no qualified U.S. workers available to fill a job before they can hire a foreign national. The i140 petition is filed after the employer has completed the PERM Labor Certification process and has a job offer for the foreign national.
i140 and H1B Visa
The i140 petition is not required for the H1B visa, which is a nonimmigrant visa for temporary workers in specialty occupations. However, if a foreign national is in the United States on an H1B visa and wants to transition to permanent residency, the i140 petition will be required as part of the green card process.
i140 and Family Members
If a foreign national’s i140 petition is approved, their spouse and unmarried children under the age of 21 may also be eligible for permanent residency. This is known as derivative status, and the family members can apply for their green cards at the same time as the foreign national.
Frequently Asked Questions
- What is the current processing time for i140 petitions?
- Can the i140 petition be filed concurrently with the green card application?
- What happens if the foreign national changes employers after the i140 petition has been approved?
- Can premium processing be used for the green card application?
- How long does it take to get a green card after the i140 petition is approved?
Common Reasons for i140 Denial
There are several common reasons why an i140 petition may be denied. These include:
- The employer is not financially capable of paying the foreign national’s salary.
- The US job offer is not permanent or full-time.
- The foreign national does not meet the educational or experience requirements for the job.
- The employer did not follow the proper recruitment process to find qualified U.S. workers.
- The job offer does not match the job duties described in the i140 petition.
Appeal and Reconsideration
If an i140 petition is denied, the employer has the option to appeal the decision or request reconsideration. An appeal is a request to a higher authority to review the decision, while reconsideration is a request for USCIS to review the decision based on new information or evidence. It is important to note that the appeals and reconsideration process can be lengthy and costly.
i140 vs. PERM Labor Certification
The i140 petition is part of the employment-based green card process and is different from the PERM Labor Certification process. The PERM Labor Certification is a process that employers must go through to prove that there are no qualified U.S. workers available to fill a job before they can hire a foreign national. The i140 petition is filed after the employer has completed the PERM Labor Certification process and has a job offer for the foreign national.
i140 and H1B Visa
The i140 petition is not required for the H1B visa, which is a nonimmigrant visa for temporary workers in specialty occupations. However, if a foreign national is in the United States on an H1B visa and wants to transition to permanent residency, the i140 petition will be required as part of the green card process.
i140 and Family Members
If a foreign national’s i140 petition is approved, their spouse and unmarried children under the age of 21 may also be eligible for permanent residency. This is known as derivative status, and the family members can apply for their green cards at the same time as the foreign national.
Frequently Asked Questions
What is the current processing time for i140 petitions?
The processing time for i140 petitions can vary depending on several factors, such as the type of petition, the USCIS service center processing the petition, and the volume of petitions being processed. As of April 2023, the USCIS estimated processing time for i140 petitions is between 8 to 13 months.
However, it’s important to note that these estimates are subject to change and can vary depending on individual cases. In some cases, the processing time may be shorter or longer than the estimated time. Additionally, using premium processing can expedite the processing time to 15 calendar days, for an additional fee.
If you are concerned about the processing time for your i140 petition, you can check your case status online, contact USCIS by phone, or schedule an Infopass appointment to speak with a USCIS representative.
Can the i140 petition be filed concurrently with the green card application?
In certain cases, the i140 petition can be filed concurrently with the green card application. This means that both applications are submitted at the same time. This is typically allowed for individuals who are eligible to file for Adjustment of Status (AOS) within the United States.
Concurrent filing can provide several benefits, including the ability to work in the U.S. while waiting for the green card to be processed, and the ability to avoid potential delays in the i140 processing time.
However, it’s important to note that not all employment-based green card categories are eligible for concurrent filing. Additionally, concurrent filing may not be the best option for everyone, and it’s important to consult with an immigration attorney to determine the best course of action for your individual case.
FAQs on I140
- Can I file an i140 petition on my own, or do I need an employer to file it for me?
- In most cases, an employer must file the i140 petition on behalf of the employee.
- What happens if my i140 petition is denied?
- If your i140 petition is denied, you may have options to appeal the decision or file a new petition.
- Can I change jobs after my i140 petition has been approved?
- Generally, changing jobs after i140 approval can be a complex process and may require additional steps or documentation.
- What is premium processing, and how does it affect the processing time for i140 petitions?
- Premium processing is an optional service offered by USCIS that expedites the processing time for certain petitions, including i140 petitions. This service requires an additional fee and can expedite the processing time to 15 calendar days.
- How can I check the status of my i140 petition?
- You can check the status of your i140 petition online using your receipt number, by contacting USCIS by phone, or by scheduling an Infopass appointment to speak with a USCIS representative.
- What happens if the foreign national changes employers after the i140 petition has been approved?
- Can premium processing be used for the green card application?
- How long does it take to get a green card after the i140 petition is approved?
Conclusion
The i140 petition is a crucial part of the green card process for skilled immigrants. It is used to establish the qualifications of the foreign national and the job requirements of the employer. It is important to understand the eligibility requirements and the filing process to successfully navigate the green card process. If you have any questions or concerns, it is recommended that you consult with an experienced immigration attorney.
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