When to File I-140 (Immigrant Petition for Alien Worker)

Form I-140 is the petition that must be filed by alien workers wanting to obtain a green card. The Form I-140 Immigrant Petition for Alien Worker is generally filed by the employer. However in certain cases, the alien worker can self file Form I-140.

Eligibility

Your employer must file Form I-140 on your behalf if:

• In the three years preceding the filing of the petition, you have been employed for at least one year by a firm or corporation or other legal entity and you seek to enter the US to continue to render services to the same employer, or to a subsidiary or affiliate, in a capacity that is managerial or executive; or
• You are holding an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests, or welfare of the US; or
• You are a skilled worker (requiring at least two years of specialized training or experience in the skill) to perform labor for which qualified workers are not available in the US; or
• You are a member of the professions with a baccalaureate degree; or
• You are an unskilled worker (requiring less than two years of specialized training or experience) to perform labor for which qualified workers are not available in the US; or
• You are an outstanding professor or researcher, with at least three years of experience in teaching or research in the academic area, who is recognized internationally as outstanding.

In most cases, your employer must obtain labor certification from the Department of Labor before filing the I-140 petition on your behalf.

Self Filing

You can self file Form I-140 if:                                                     

• You have extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim and your achievements have been recognized in the field; or
• You are a member of the profession holding an advanced degree or are claiming exceptional ability in the sciences, arts, or business, and seeking an exemption of the requirement of a job offer under the waiver of national interest provision.

Application

The duly completed petition along with the labor certification (where required) along with supporting documents indicating your eligibility and a fee of $470 must be submitted to the USCIS. When your petition is approved and your priority date becomes present you can apply for adjustment of status if you are in the United States or apply for an immigrant visa if you are outside the United States.

Getting Legal Help   

Consult with an experienced US immigration attorney if you are an alien worker seeking a green card. The attorney can study your case and let you know if you are eligible and assist you with the filing of your I-140 petition.