Petition for Immigrant Worker (I-140, EB-5 Types)
An I-140 petition is the second step in the Green Card process. Once the Labor Certificate is approved, the employer will file a Form I-140 (called a Petition for Immigrant Worker) on behalf of the employee.
Employer should demonstrate that the company is in a good financial position to capable of paying the salary advertised for the job. For this purpose employer's financial statement and corporate income tax return documents also required. The employer should file for the I-140 petition, with the following documentation:
- Completed Form I-140
- Approved Labor Certificate
- Filing fee of $190 by check or money order made payable to the relevant USCIS regional Service Center
- Proof of the financial position of the employer/company in the form of an audited financial statement or a statement from the CFO of your company.
- Experience letters from all previous employers.
- Other documents such as degree certificates, qualification letters etc. may be required.
(Note: At this stage no documents are required for the family member of the sponsored applicant)
When the Form I-l40 employment-based immigrant visa petition is submitted to the USCIS Service Center, the petitioner must indicate whether the beneficiary will apply for "consular processing" at an American Consulate overseas for an immigrant visa or will apply for adjustment of status (AOS or I-485) to permanent residence with the INS.
What Happens After the I-140 Petition is Filed?
After the USCIS receives the I-140 petition packet, it will issue a Receipt Notice and assign a file number to the case. This is an acknowledgment of receipt. If the USCIS accepts your petition then an Approval Notice will be issued.
How Long Does it Take for the USCIS to Approve the I-140 Petition?
The amount of time taken by the USCIS to issue an Approval Notice depends entirely on the backlog at the particular Service Center where your petition was filed. Usually it takes no more than 3 months for this process to be completed, however, processing time may vary from case to case.
Does an Approved I-140 Petition Change Immigration Status?
No, an approved I-140 petition will not change your nonimmigrant status. You will remain on the same status as before the petition was filed.
Can Forms I-140 and I-485 be filed simultaneously?
Yes, this is known as concurrent filing. If you have filed an I-140 petition, you are eligible to file I-485 (Adjustment of Status) application. You can do so by submitting the Receipt Notice of the pending I-140 with the I-485 application. Additionally, applications for Employment Authorization (EAD) and Advance Parole may be filed with the I-485 application. Family members (spouse, children) can also file I-485 at this time.
If I-140 and I-485 are Filed Concurrently Will the USCIS Process Both Simultaneously?
Yes, now a concurrently filed I-140 and I-485 petition will be adjudicated simultaneously. However, if your I-140 is denied, I-485 will also be rejected.
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