Immigrant Petition for Alien Worker

[I-140, Immigrant Petition for Alien Worker]

IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms

Purpose of Form :

To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

Number of Pages :

7

Edition Date :

4/01/06. Prior versions acceptable.

Where to File :

USCIS Nebraska Service Center
P.O. Box 87140
Lincoln, NE 68501-7140

Filing Fee :

$195.00

Special Instructions :

You may be eligible to file this form electronically. Please see the related link “Introduction to Electronic Filing” for more information.

If you are an employer looking for an alien physician to work in an HHS-designated under-served area, please see: Immigration Under the National Interest Waiver for Physicians in Underserved Areas.

If you are filing Form I-140 concurrently with Form I-485, send both forms to:

USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

Download I-140 (202KB PDF)

Department of Homeland Security
U.S.Citizenship and Immigration Services
OMB No. 1615-0015; Exp. 07/31/07
I-140, Immigrant Petition for Alien Worker

Purpose of This Form.

General Filing Instructions.

This form is used to petition U.S. Citizenship and Immigration Services (USCIS) for an immigrant visa based on employment. USCIS is comprised of offices of former Immigration and Naturalization Service (INS).

Who May File?

A U.S. employer may file this petition for:

  • 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 a tenured or tenure-track position at a university or institution of higher education to teach in the academic area; or – In a comparable position at a university or institution of higher education to conduct research in the area; or – In a comparable position to conduct research for a private employer that employs at least three persons in full-time research activities and which achieved documented accomplishments in an academic field.
  • An alien who, in the three years preceding the filing of this petition, has been employed for at least one year by a firm or corporation or other legal entity and who seeks to enter the United States to continue to render services to the same employer, or to a subsidiary or affiliate, in a capacity that is managerial or executive.
  • A member of the professions 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 United States.
  • 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 United States.
  • A member of the professions with a baccalaureate degree.
  • 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 United States.

In addition, a person may file this petition on his or her own behalf if he or she:

  • has extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim, whose achievements have been recognized in the field; or
  • is a member of the profession holding an advanced degree or is claiming exceptional ability in the sciences, arts, or business, and is seeking an exemption of the requirement of a job offer in the national interest (NIW).

Please answer all questions by typing or clearly printing in black ink. Indicate that an item is not applicable with “N/A.” If an answer to a question is “none,” write “none.” If you need extra space to answer any item, attach a sheet of paper with your name and your A#, if any, and indicate the number of the item . You must file your petition with the required initial evidence. Your petition must be properly signed and filed with the correct fee.

Initial Evidence.

If you are filing for an alien of extraordinary ability in the sciences, arts, education, business or athletics:

You must file your petition with evidence that the alien has sustained national or international acclaim and that the achievements have been recognized in the field of expertise.

  • Evidence of a one-time achievement (i.e., a major, internationally recognized award); or
  • At least three of the following: – Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor, – Membership in associations in the field which require outstanding achievements as judged by recognized national or international experts, – Published material about the alien in professional or major trade publications or other major media, – Participation on a panel or individually as a judge of the work of others in the field or an allied field, – Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field, – Authorship of scholarly articles in the field, in professional or major trade publications or other major media, – Display of the alien’s work at artistic exhibitions or showcases, – Evidence that the alien has performed in a leading or critical role for organizations or establishments that have distinguished reputations, – Evidence that the alien has commanded a high salary or other high remuneration for services, – Evidence of commercial successes in the performing arts, as shown by box office receipts or record, casette, compact disk, or video sales.
  • If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence to establish the alien’s eligibility; and
  • Evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue work in the United States.

A U.S. employer filing for an outstanding professor or researcher must file the petition with:

  • Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following: – Receipt of major prizes or awards for outstanding achievement in the academic field, – Membership in associations in the academic field, which require outstanding achievements of their members, – Published material in professional publications written by others about the alien’s work in the academic field, – Participation on a panel, or individually, as the judge of the work of others in the same or an allied academic field, – Original scientific or scholarly research contributions to the academic field, or – Authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.
  • Evidence the beneficiary has at least three years of experience in teaching and/or research in the academic field; and
  • If you are a university or other institution of higher education, a letter indicating that you intend to employ the beneficiary in a tenured or tenure-track position as a teacher or in a permanent position as a researcher in the academic field; or
  • If you are a private employer, a letter indicating that you intend to employ the beneficiary in a permanent research position in the academic field, and evidence that you employ at least three full-time researchers and have achieved documented accomplishments in the field.

A U.S. employer filing for a multinational executive or manager must file the petition with a statement which demonstrates that:

  • If the worker is now employed outside the United States, that he or she has been employed outside the United States for at least one year in the past three years in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate; or, if the worker is already employed in the United States, that he or she was employed outside the United States for at least one year in the three years preceding admission as a nonimmigrant in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate;
  • The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad;
  • The prospective United States employer has been doing business for at least one year; and
  • The alien is to be employed in the United States in a managerial or executive capacity. A description of the duties to be performed should be included.

A U.S. employer filing for a member of the professions with an advanced degree or a person with exceptional ability in the sciences, arts or business must file the petition with:

A labor certification (see General Evidence), or a request for a waiver of a job offer because the employment is deemed to be in the national interest, with documentation provided to show that the beneficiary’s presence in the United States would be in the national interest; and either: – An official academic record showing that the alien has a U.S. advanced degree or an equivalent foreign degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or an equivalent foreign degree and letters from current or former employers showing that the alien has at least five years of progressive post- baccalaureate experience in the specialty; or – At least three of the following:

  • An official academic record showing that the alien has a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability;
  • Letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
  • Evidence of membership in professional associations; or
  • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
  • If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence to establish the alien’s eligibility.

A U.S. employer filing for a skilled worker must file the petition with:

  • A labor certification (see General Evidence);
  • Evidence that the alien meets the educational, training, or experience and any other requirements of the labor certification (the minimum requirement is two years of training or experience).

A U.S. employer filing for a professional must file the petition with:

  • A labor certification (see General Evidence);
  • Evidence that the alien holds a U.S. baccalaureate degree or equivalent foreign degree; and
  • Evidence that a baccalaureate degree is required for entry into the occupation.

A U.S. employer filing for an unskilled worker must file the petition with:

  • A labor certification (see General Evidence); and
  • Evidence that the beneficiary meets any education, training, or experience requirements required in the labor certification.

General Evidence.

Labor certification.

Petitions for certain classifications must be filed with a certification from the U.S. Department of Labor or with documentation to establish that the alien qualifies for one of the shortage occupations in the Department of Labor’s Labor Market Information Pilot Program or for an occupation in Group I or II of the Department of Labor’s Schedule A.

A certification establishes that there are not sufficient workers who are able, willing, qualified, and available at the time and place where the alien is to be employed and that employment of the alien, if qualified, will not adversely affect the wages and working conditions of similarly employed U.S. workers. Application for certification is made on Form ETA-750 and is filed at the local office of the State Employment Service. If the alien is in a shortage occupation, or for a Schedule A/Group I or II occupation, you may file a fully completed, uncertified Form ETA-750 in duplicate with your petition for determination by the USCIS that the alien belongs to the shortage occupation.

NOTE: When filing for a Schedule A/Group I or II occupation, the petitioner must include evidence of having complied with the Department of Labor regulations at 20 CFR 656.222(b)(2), which require that the position or positions be properly posted for a minimum of ten consecutive days.

Ability to pay wage.

Petitions which require job offers must be accompanied by evidence that the prospective U.S. employer has the ability to pay the proffered wage. Such evidence shall be in the form of copies of annual reports, federal tax returns, or audited financial statements. In a case where the prospective U.S. employer employs 100 or more workers, a statement from a financial officer of the organization which establishes ability to pay the wage may be submitted. In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted.

Translations.

Any foreign language document must be accompanied by a full English translation, which the translator has certified as complete and correct, and by the translator’s certification that he or she is competent to translate the foreign language into English.

Copies.

If these instructions state that a copy of a document may be filed with this petition and you choose to send us the original, we may keep that original for our records. Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original.

Where to File.

File this petition at the Nebraska Service Center, following the instructions noted above in the next column.

For Form I-140 filed concurrently with Form I-485, Application to Register or Adjust Status, mail your forms package to:

USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

For Form I-140 filed alone, mail the form to:

USCIS Nebraska Service Center
P.O. Box 87140
Lincoln, NE 68501-7140

Prior to submitting your form(s), note the different addresses. Make sure you send your form package to the appropriate address to avoid processing delays.

What Is the Fee?

The fee for this petition is $195.00.

The fee must be submitted in the exact amount. It cannot be refunded. Do not mail cash.

All checks and money orders must be drawn on a bank or other financial institution located in the United States and must be payable in United States currency. The check or money order should be made payable to the Department of Homeland Security, unless: – If you live in Guam, make your check or money order payable to the “Treasurer, Guam.” – If you live in the U.S. Virgin Islands , make your check or money order payable to the “Commissioner of Finance of the Virgin Islands.”

Checks are accepted subject to collection. An uncollected check will render the petition and any document issued invalid. A charge of $30.00 will be imposed if a check in payment of a fee is not honored by the bank on which it is drawn.

How to Check If the Fee Is Correct.

The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below: – Visit our website at www.uscis.gov and scroll down to “Forms and E-Filing” to check the appropriate fee, or – Review the Fee Schedule included in your form package, if you called us to request the form, or – Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.

Processing Information.

Acceptance.

Any petition that is not signed or is not accompanied by the correct fee will be rejected with a notice that it is deficient. You may correct the deficiency and resubmit the petition. However, a petition is not considered properly filed until accepted by the USCIS. A priority date will not be assigned until the petition is properly filed.

Initial processing.

Once the petition has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without the required initial evidence, you will not establish a basis for eligibility, and we may deny your petition.

Requests for more information or interview.

We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required.

Decision.

If you have established eligibility for the benefit requested, your petition will be approved. If you have not established eligibility, your petition will be denied. You will be notified in writing of the decision on your petition.

Meaning of petition approval.

Approval of a petition means you have established that the person you are filling for is eligible for the requested classification.

This is the first step towards permanent residence. However, this does not in itself grant permanent residence or employment authorization. You will be given information about the requirements for the person to receive an immigrant visa or to adjust status after your petition is approved.

Instructions for Industry and Occupation Codes.

NAICS Code.

The North American Industry Classification System (NAICS) code can be obtained from the U.S. Department of Commerce, U.S. Census Bureau at (www.census.gov/epcd/www/naics.html). Enter the code from left to right, one digit in each of the six boxes. If you use a code which is less than six digits, enter the code left to right and then add zeros in the remaining unoccupied boxes.

SOC Code.

The Standard Occupational Classification (SOC) System codes can be obtained from the Department of Labor, U.S. Bureau of Labor Statistics (http://stats.bls.gov/soc/socguide.htm). Enter the code from left to right, one digit in each of the six boxes. If you use a code which is less than six digits, enter the code left to right and then add zeros in the remaining unoccupied boxes.

Penalties.

If you knowingly and willfully falsify or conceal a material fact or submit a false document with this petition, we will deny the benefit your are seeking and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

Privacy Act Notice.

We ask for the information on this form and associated evidence to determine if you have established eligibility for the immigration benefit you are seeking. Our legal right to ask for this information is in 8 U.S.C. 1154. We may provide this information to other government agencies. Failure to provide this information and any requested evidence may delay a final decision or result in denial of your request.

USCIS Forms and Information.

To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also obtain USCIS forms and information on immigration laws, regulations or procedures by calling our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www.uscis. gov.

Use InfoPass to Make an Appointment.

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of USCIS office.

Paperwork Reduction Act Notice.

An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We try to create forms and instructions that are accurate, can easily be understood, and which impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.

The estimate average time to complete and file this application is as follows: (1) 20 minutes to learn about the law and form; (2) 15 minutes to complete the form; and (3) 25 minutes to assemble and file the petition; for a total estimated average of 1 hour per petition.

If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W., Washington, D.C. 20529; OMB No. 1615-0015. Do not mail your completed petition to this Washington, D.C. address.