Form I-140: What You Need to Know

Are you hoping to get a green card through your job? Do you want to hire a skilled worker from another country? If so, you might need to know about Form I-140. This important document is a key step for many people seeking to live and work in the United States. Let’s break down what Form I-140 is all about and why it matters.

What Is Form I-140?

Form I-140 is an official document used in the U.S. immigration process. Its full name is “Immigrant Petition for Alien Worker.” This form asks the government to decide if a non-U.S. citizen qualifies for an employment-based green card. Usually, an employer fills out and sends in this form for their worker.

Who Needs Form I-140?

Not everyone looking for a work-based green card needs Form I-140. It’s mainly for people seeking these types of visas:

EB-1 Visas: For Who?

These are for top-level workers. You might need an EB-1 visa if:

You Have Amazing Skills: The Extraordinary Ability Category

This group is for true standouts in their field. If you’re a renowned scientist, you might fit here. Think about researchers who have made groundbreaking discoveries or published influential papers that are changing our understanding of the world. Their work is often cited by other scientists and may have led to new technologies or treatments.

Artists can also qualify in this category if they’ve reached the top of their profession. This could include painters whose works hang in major museums, musicians who sell out large venues worldwide, or authors whose books are international bestsellers. The key is that their art has received widespread recognition and acclaim.

Elite athletes are another group that might qualify for the extraordinary ability category. This isn’t just for any professional athlete, but for those who have truly excelled on the world stage. Olympic medalists, world champions, or athletes who have broken significant records might fit this description.

Business innovators can also fall into this category. These are individuals who have made a major impact in the business world, perhaps by creating successful companies, introducing revolutionary products, or developing new business models that have changed entire industries.

To qualify in the extraordinary ability category, you need to show that you’re among the very best in your field. This usually means having received major awards that are recognized globally, like a Nobel Prize, an Oscar, or a Pulitzer. If you haven’t received such an award, you’ll need to provide other strong evidence of your top-tier status in your field.

You’re a Top Teacher or Researcher: The Outstanding Professor or Researcher Category

This category is designed for academics who have made significant contributions to their field of study. If you’re a professor with a long track record of teaching at respected universities, you might qualify here. Typically, you should have at least three years of teaching experience at the university level.

Research is a key component of this category. Qualified individuals usually publish important research that has advanced their field. This research should be widely cited by other scholars, indicating its significance and impact. Your publications might include books, peer-reviewed journal articles, or influential conference papers.

Recognition from peers is another important factor. This could come in the form of awards from academic societies, invitations to present your work at major conferences, or grants you’ve received for your research projects. These accolades serve as evidence that your work is highly valued within your academic community.

Leadership in your field is also considered. Perhaps you’ve served as an editor for academic journals in your discipline, or you’ve been appointed to important committees that shape the direction of research or policy in your area of expertise. These roles demonstrate that you’re not just contributing to your field but actively guiding its development.

To be eligible in this category, you need to show that you’ve gained international recognition for your excellent work in academia. Additionally, you’ll need a job offer for a tenured or tenure-track position at a U.S. university or a comparable research position at a reputable institution.

You’re a Big-Time Manager: The Multinational Executive or Manager Category

This category is tailored for high-level business professionals who have demonstrated their ability to lead and manage in a global context. If you’re responsible for managing large teams across different countries, you might fit here. This could involve overseeing hundreds or even thousands of employees and making strategic decisions that affect entire divisions or companies.

Executives in this category often have a track record of success in international business environments. You might have experience in expanding a company’s operations into new markets, managing mergers and acquisitions across borders, or developing global strategies for growth and innovation.

Financial responsibility is another key aspect of this role. Qualified individuals often manage substantial budgets, make investment decisions, and are accountable for the financial performance of significant parts of a multinational corporation. This could involve overseeing annual budgets in the millions or even billions of dollars.

To qualify in this category, you typically need to have been employed by your company for at least one year in the three years preceding your application. The position you’re coming to fill in the U.S. must also be in an executive or managerial capacity. This means you’ll be primarily directing the management of the organization or a major component of it rather than performing day-to-day operations.

It’s important to note that your employer must have a qualifying relationship with a U.S. entity. This could be a parent company, subsidiary, or affiliate that has been doing business for at least one year. The goal is to facilitate the transfer of key personnel within multinational companies to their U.S. operations.

EB-2 Visas: What’s the Deal?

EB-2 visas are for highly skilled workers. You might fit here if:

• You have an advanced degree: Think master’s degree or higher.
• You’re really good at what you do: You’re better than most in your field.

EB-3 Visas: Who Qualifies?

These cover a wider range of workers:

• Skilled workers: You have at least two years of job training.
• Professionals: You have a bachelor’s degree for your job.
• Other workers: Your job doesn’t need much training, but it’s not just temporary.

What Do You Need Before Filing Form I-140?

Before you can file Form I-140, you need to check a few boxes:

Do You Need a Job Offer?

For most of these visas, yes. But there are a few cases where you don’t:

• If you have “extraordinary ability” in the EB-1 category.
• If you get a “National Interest Waiver” in the EB-2 category.

What About Labor Certification?

This is a big one. For many jobs, you need to prove hiring a non-U.S. worker won’t hurt U.S. workers. This process involves:

• Checking what the normal wage is for the job.
• Trying to hire U.S. workers first.
• Getting approval from the Department of Labor.

This can take several months, so plan ahead!

Who Actually Files Form I-140?

Usually, it’s the employer. But in some special cases, like for those with “extraordinary ability,” the worker can file it themselves.

What Goes Into Filing Form I-140?

Filing Form I-140 isn’t just about filling out a form. You need to include:

• Proof of the worker’s skills and education.
• Evidence that the employer can pay the offered wage.
• Sometimes, the approved labor certification.

There’s also a fee to file the form. Right now, it’s $600.

How Long Does It Take?

The waiting game can be tough. Processing times vary:

• Some applications take about 3-4 months.
• Others might take up to 2 years.

What Happens After You File?

After you send in Form I-140, what comes next depends on where you are:

If You’re Outside the U.S.

• Wait for I-140 approval.
• Then, start the process at your nearest U.S. embassy or consulate.

If You’re Already in the U.S.

• Check if a visa is available in your category.
• If yes, you might be able to apply for your green card right away.
• If not, you might need to wait or keep a different legal status.

Use LegalMatch Today to Find a Skilled Immigration Lawyer

Getting a work-based green card is a big move. Form I-140 is an important part of that journey for many people. If you’re thinking about filing Form I-140 or you’re not sure if you need to, it’s smart to talk to a legal professional.

LegalMatch can connect you with experienced immigration lawyers in your area. These attorneys understand the ins and outs of Form I-140 and can guide you through the process.

Don’t let confusion about paperwork stand in the way of your American dream. Use LegalMatch today to find a skilled immigration lawyer who can help you navigate Form I-140 and work towards your goals in the United States.