What Is I-140 Immigrant Visa Labor Certification?

Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. It is one of the USCIS immigration forms.

What does I-140 approval mean?

The 1-140 is not the final application for Permanent Residency; rather, it represents the. University’s petition to retain an international employee indefinitely. Approval of the I-140 gives YOU, the international employee, a valid basis on which you can apply for a Legal Permanent Residence.

What is I-140 immigration?

The Form I-140, Immigrant Petition for Alien Worker, is used to petition U.S. Citizenship and Immigration Services (USCIS) to classify an alien beneficiary as eligible for an immigrant visa based on employment. For EB1-A Alien of Extraordinary Ability and EB-2 National Interest Waiver, the alien can do self-petition.

Is I-140 same as Green Card?

An I-140 petition is the second step in the employment based Green Card process. Once your PERM Labor Certificate is approved, your employer will file a Form I-140 – known as Immigrant Petition for Alien Worker – on your behalf.

What is I-140 eligibility?

I-140 Green Card Eligibility – It Is Suitable For: 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.

What are the benefits of I-140 approval?

The great advantage of maintaining an approved I-140 petition is that the beneficiary can obtain H-1B extensions beyond the maximum six-years, port to a new employer based on a pending I-485 application to adjust status, and obtain employment authorization based on compelling circumstances (as discussed in an earlier …

How long is I-140 valid?

If an I-140 petition has been approved or an associated adjustment of status application is filed for 180 days or more, the petition will not be automatically revoked if the petitioner withdraws it or the petitioning employer’s business terminates. The petition remains valid unless revoked on other grounds.

Can you work with approved I-140?

As long as an approved I-140 remains valid, the employee may use it with any (including a new) employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. For this, the I-140 must remain valid until the H1B petition approval.

What happens after I-140 is filed?

1. What happens after my I-140 is approved? First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. Next, you will need to plan the last step of the “green card process” (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140.

What is the difference between I-140 and H-1B?

An H-1B is a non-immigrant visa. An I-140 is a immigrant petition for a worker and generally requires an approved labor certification.

Can I stay in US after I-140 approval?

You can remain in the U.S. beyond June 2017 if the FORM I-140 is approved and a visa is available and a FORM I-485 is filed prior to expiration of the L-1B status.

Can spouse of I-140 work?

To apply for a work permit, H-4 visa holders must show his/her spouse has either: An approved Form I-140, Immigrant Petition for Alien Worker or. Permission to remain in the U.S. with an H-1B nonimmigrant status beyond the six-year limit.

Can I stay in US while I-140 is pending?

If your family member or employer has merely started the process off for you, by filing what’s known as a petition (typically on USCIS Form I-130 or I-140), that’s not enough. A pending or approved petition from a sponsor gives you no rights to come to or remain in the United States.

How much does I-140 cost?

Filing fees The fee for filing Form I-140 is $700, and must be payable in US currency to the US Department of Homeland Security. There is also a $2,500 fee for Premium Processing (next section).

Can I-485 be denied after I-140 approval?

USCIS can only transfer the I-485 if a visa number is available for that I-140 petition. Therefore, when the extraordinary ability I-140 is denied, and the national interest I-140 is approved but the priority date is not current, the I-485 will be denied.

Who can apply I-140?

Who Needs Form I-140? The form is needed by a worker who wants to work in the United States under a specific employer. Given that they will have to go abroad, the form is needed to help them obtain a worker visa, and travel to the U.S. to work.