I-140 Employment Authorization Document (EAD)

I-140 Employment Authorization Document (EAD), commonly referred to as I140 EAD, is used on behalf of non-U.S. citizen employees who wish to be granted an immigrant visa based on employment.

 

Eligibility

The following cases are considered under Form I-140 EAD:

  • Professors or researchers in higher education with a minimum of three years experience in an academic study or field who is recognized internationally:
    • On his or her way to achieving or has achieved tenureship in a higher education institution in his or her area of study
    • As a researcher for a higher education institution in his or her area of study
    • As a researcher for a private organization that also employees at least three other researchers and has published studies in his or her area of study
  • A non-U.S. citizen who has been employed by the company submitting this petition for at least one year in a managerial or executive role prior to submitting this form and will continue to work for said company or subsidiary.
  • A non-U.S. citizen who has worked in the fields of sciences, arts, or business and holds an advanced degree. If the non-citizen has an education up to a bachelor’s degree, he or she must have at least five years of work experience.
  • A skilled worker who has at least two years of specialized training to occupy a job where there is no equivalent U.S. citizen available to fill
  • A member of a profession with a baccalaureate degree
  • An unskilled worker to occupy a job where no equivalent U.S. citizen is available to fill

Additionally, an employer, beneficiary of this petition, or a third party may apply through this form if:

  • A non-citizen has extraordinary abilities and recognition in the fields of arts, education, sciences, business, or athletics internationally
  • A professional holding an advanced degree in the fields of arts, sciences, or business and is exempt from needing an employment offer due to his or her seeking of a National Interest Waiver

 

Basic Instructions

  • Forms are free to download from the USCIS website and Form I-140 can be found here
  • Filing fees for Form I-140 are $700
    • Regardless of the outcome of the application, filing fees are non-refundable
    • Do not mail cash
    • Make a check or money order payable to U.S. Department of Homeland Security in U.S. currency
    • If you live outside of the U.S, please contact the nearest U.S. Embassy or Consulate on steps for payment
    • If a check is returned unpayable, the USCIS will attempt one additional time to process a copy. If it is returned again, you will be rejected on form I-140 and be charged a return check fee
  • Photocopies of documentation are to be submitted unless original documentation is requested. If you submit original documentation when not asked to, you may not be able to retrieve them.

 

Gathering Materials

Initial Evidence

  • If you are filing for “An alien of extraordinary ability” (Part 2. Item 1.a.), you must attach the following
    • Evidence of an awarded achievement; or
    • At least three of the following:
      • Evidence of a lesser nationally or internationally recognized ward in the field of specialization
      • Membership in an association which would require achievements in the field of specialization
      • Publication in a major media outlet which features the alien in question with respect to their field
      • Experience as a judge of work in their field
      • Original contributions of importance to their field
      • Scholarly contribution to a publication on their field from a major media outlet
      • Evidence of contribution to an exhibition or showcase of the alien’s work
      • Experience in a leading or critical role in an organization with distinguished reputation
      • Evidence of a high salary or remuneration for his or her services
      • Evidence of success in the performing arts through box office, video, or music sales
    • Comparable evidence to the above qualifications may be submitted as substitution if the previously state do not apply; and
    • Evidence in the form of employer referrals, contracts, or personal statements indicating the alien intends to continue working in their field of study in the United States
  • A U.S. employer filing on behalf of an outstanding researcher or professor (Part 2. Item 1.b.) must file form I-140 with the following:
    • Evidence of international recognition of excellence in his or her field in the form of at least two of the following items:
      • Awards or prizes for outstanding achievement in an academic field

Important Notes

  • Use black ink
  • Do not forget to physically sign the form. Typewritten signatures will not be accepted.