Applying for a USA Green Card through employment requires filing Form I-140, the Immigrant Petition for Alien Worker. This form is crucial in the employment-based green card process and confirms the foreign worker’s eligibility for permanent residency. Here’s what you need to know about Form I-140 to ensure a smooth application process.

Who Needs Form I-140 for a USA Green Card?

Form I-140 is required for foreign nationals seeking a USA Green Card through employment in categories such as:

• EB-1: Priority Workers, including those with extraordinary abilities, outstanding professors or researchers, and multinational executives.
• EB-2: Professionals with advanced degrees or exceptional abilities in sciences, arts, or business.
• EB-3: Skilled workers, professionals, and other qualified workers.

For the EB-1A category, individuals with extraordinary abilities can self-petition without an employer’s sponsorship.

When to File Form I-140 for a USA Green Card?

For most EB-2 and EB-3 applicants, the employer must first secure a PERM Labor Certification from the Department of Labor (DOL). This certification confirms there are no qualified U.S. workers available for the position. After the certification is approved, the employer can file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS).

For categories like EB-1 or the National Interest Waiver (NIW) under EB-2, no labor certification is needed, allowing employers to file Form I-140 directly.

Why Form I-140 is Critical for a USA Green Card Application

Form I-140 serves several key purposes in the USA Green Card process:

• It verifies the foreign worker’s qualifications for the specified job.
• It demonstrates that the employer can pay the offered wage.
• It sets the foreign worker’s priority date, which is essential for determining when they can apply for the next step in the green card process.

Processing Times for Form I-140

The processing times for Form I-140 vary depending on the service center and type of petition. It can take several months, but employers can opt for premium processing. For an additional $2,500, premium processing guarantees a decision within 15 days.

What Happens After Form I-140 Approval?

Even with Form I-140 approval, the foreign worker is not automatically granted a USA Green Card. The next step depends on visa availability based on the worker’s priority date and country of origin. After a visa number becomes available, applicants can:

• File Form I-485 for adjustment of status if they are already in the U.S.
• Undergo consular processing to receive an immigrant visa if outside the U.S.

Portability of Form I-140 in the USA Green Card Process

If a worker changes employers while Form I-140 is pending or approved, portability rules may apply under the American Competitiveness in the 21st Century Act (AC21). If Form I-485 has been pending for at least 180 days, the worker can change jobs without restarting the process. The new job must be in a similar occupation.

Why Form I-140 Could Be Denied

Form I-140 denials happen due to common reasons such as:

• Insufficient proof that the worker meets the job requirements.
• Lack of evidence that the employer can pay the offered wage.
• Inadequate documentation of the worker’s extraordinary or exceptional abilities, if applicable.

Filing Fees for Form I-140

The filing fee for Form I-140 is $700. Employers may also face additional costs, such as legal fees and the optional $2,500 premium processing fee.

Understanding Form I-140 is essential for anyone applying for a USA Green Card through employment. By staying informed and prepared, you can navigate the process more smoothly and avoid unnecessary delays.