1. What is an I-140 Immigrant Petition for Alien Worker?

The I-140 Immigrant Petition for Alien Worker is a form used by U.S. employers to petition an alien employee for permanent residency. The form is used to prove to the U.S. government that the employee has the skills, experience, and qualifications necessary to meet the requirements for permanent residency. Upon approval of the I-140 form, the alien worker will be eligible to apply for a green card.

2. When should I file an I-140 Immigrant Petition for Alien Worker?

You should file an I-140 Immigrant Petition for Alien Worker when you are an employer who is ready to offer a permanent job position to a foreign worker. The I-140 petition is a part of the process for applying for an immigrant visa for the foreign worker.

3. Who can file an I-140 Immigrant Petition for Alien Worker?

An employer can file an I-140 Immigrant Petition for Alien Worker. The employer must demonstrate that there is a shortage of qualified US workers and that the foreign national worker possesses the necessary skills and qualifications for a specific job. The employer must also demonstrate that they are able to pay the wage offered to the foreign national worker.

4. How do I file an I-140 Immigrant Petition for Alien Worker?

The I-140 Immigrant Petition for Alien Worker is a form that is used to petition the U.S. government for permanent resident status for an alien worker. To file the form, the employer must prove they are able to pay the salary of the alien worker, and that the alien worker has the necessary qualifications for the job. The employer must also provide evidence that there are no qualified U.S. workers available to do the job. The employer then needs to submit the form, along with supporting documents, to U.S. Citizenship and Immigration Services (USCIS).

5. What are the filing fees associated with an I-140 Immigrant Petition for Alien Worker?

The filing fee for an I-140 Immigrant Petition for Alien Worker is $700. There may also be an additional $500 fee for certain applicants.

6. What documents do I need to submit with my I-140 Immigrant Petition for Alien Worker?

In order to file Form I-140, Immigrant Petition for Alien Worker, you must submit the following documents (along with the required filing fee):

• Form I-140, Immigrant Petition for Alien Worker
• A copy of your approved labor certification, if applicable
• Evidence of your current immigration status
• Evidence of your educational qualifications and/or work experience
• A copy of your passport biographic page
• Two identical color passport-style photographs with your name and Alien Registration Number (if any) printed on the back
• Evidence of payment of any required fees or other support documents that may be applicable.

7. What is the processing time for an I-140 Immigrant Petition for Alien Worker?

The processing time for an I-140 Immigrant Petition for Alien Worker varies depending on the type of petition filed and the current workload of USCIS. Generally, it can take anywhere from 3 to 6 months for a decision to be issued.

8. How long is the validity period of an approved I-140 Immigrant Petition for Alien Worker?

The validity period of an approved I-140 Immigrant Petition for Alien Worker is not limited. The petition remains valid until it is revoked or abandoned, or the underlying priority date becomes current.

9. What happens if my I-140 Immigrant Petition for Alien Worker application is denied?

If your I-140 Immigrant Petition for Alien Worker application is denied, you may appeal the decision with the Administrative Appeals Office or file a motion to reopen or reconsider. If you are denied and do not have another I-140 petition pending or approved, your priority date will become current in the same category of immigrant visa you initially applied for.

10. What are the risks associated with filing an I-140 Immigrant Petition for Alien Worker?

There are several risks associated with filing an I-140 Immigrant Petition for Alien Worker. These include:

1. Risk of denial: There is a risk that the petition will be denied by the USCIS due to a deficiency in supporting evidence or due to fraud.

2. Risk of revocation: Even after approval, the USCIS may revoke an I-140 petition if any of the facts that were submitted to obtain the approval are discovered to be incorrect or false.

3. Risk of processing delays: The I-140 application process can take several months to complete, and there is always a risk of processing delays due to backlogs or other administrative issues.

4. Risk of not getting a green card: Although an approved I-140 petition is the first step in the process, it does not guarantee that the alien worker will ultimately receive a green card.

11. How does an employer demonstrate their ability to pay an alien worker’s proposed wage?

An employer can demonstrate their ability to pay an alien worker’s proposed wage by submitting evidence of their financial stability and resources, such as bank statements, business plans, or tax returns. The employer may also need to show that they have the capacity to pay the employee’s salary and benefits during the duration of the job. Additionally, the employer can submit a completed Labor Condition Application (LCA) showing their willingness to pay the employee’s wage.

12. How often must an employer update its Department of Labor (DOL) labor attestation?

The DOL does not mandate any specific frequency for employers to update their labor attestations. The employer may update their attestation as often as they deem necessary.

13. What types of evidence must be provided to demonstrate a job offer that is in the normal scope of business?

The types of evidence that must be provided to demonstrate a job offer that is in the normal scope of business include copies of job postings, offers of employment, employment contracts, employer references, bank statements and tax documents from the employer, proof of a physical work location, and proof of any necessary licenses or certifications.

14. Does a transfer of an approved I-140 Immigrant Petition for Alien Worker to a new employer require filing a new petition?

Yes. A new I-140 Immigrant Petition for Alien Worker must be filed with the new employer.

15. Can a pending or approved I-140 Immigrant Petition for Alien Worker be revoked by USCIS?

Yes, a pending or approved I-140 Immigrant Petition for Alien Worker can be revoked by USCIS. The circumstances under which an I-140 can be revoked include, but are not limited to, fraud, material misstatement of fact, or changes in the job or the beneficiary’s qualifications.

16. Can a pending or approved I-140 Immigrant Petition for Alien Worker be withdrawn by USCIS or the petitioner?

Yes, it is possible for USCIS or the petitioner to withdraw an I-140 Immigrant Petition for Alien Worker that is pending or approved. The petitioner may submit a written request to withdraw the petition, and USCIS may approve the withdrawal if it deems the request to be appropriate.

17. What are the consequences of withdrawing or revoking a pending or approved I-140 Immigrant Petition for Alien Worker?

If a pending or approved I-140 Immigrant Petition for Alien Worker is withdrawn or revoked, the foreign national beneficiary will no longer be eligible to remain in the U.S. and will have to return to their home country. They will also no longer be eligible to apply for permanent legal residency, an employment visa, or any other immigration benefit using that particular petition. The employer who originally filed the petition may also incur significant financial penalties and other consequences.

18. Is adjustment of status based on an approved I-140 Immigrant Petition for Alien Worker automatic upon approval of the petition?

No, adjustment of status based on an approved I-140 Immigrant Petition for Alien Worker is not automatic upon approval of the petition. The applicant must still meet all other requirements for adjustment of status and file a Form I-485, Application to Register Permanent Residence or Adjust Status, in order to receive permanent residence.

19. Can the filing of an I-140 Immigrant Petition for Alien Worker be used as evidence of maintaining one’s lawful nonimmigrant status in certain visa categories?

No, the filing of an I-140 Immigrant Petition for Alien Worker cannot be used as evidence of maintaining one’s lawful nonimmigrant status in certain visa categories. Filing an I-140 petition is a request for permanent residence in the United States and does not demonstrate that the individual is maintaining a valid nonimmigrant status. Nonimmigrant visas require the applicant to show that they meet specific criteria in order to remain in the United States and follow all applicable laws and regulations. The filing of an I-140 petition does not satisfy these criteria.

20. Can a pending or approved I-140 Immigrant Petition for Alien Worker be used to apply for certain benefits and nonimmigrant visas such as E, H, and L visas?

No, a pending or approved I-140 Immigrant Petition for Alien Worker cannot be used to apply for certain benefits and nonimmigrant visas such as E, H, and L visas. However, it may be used to apply for different types of work visas such as the O and P visas.