The I-140 Petition for Alien Worker
Q: How is the process of employment-based permanent residence begun with U.S. Citizenship and Immigration Services ("USCIS")?
A: An immigrant petition - normally an I-140 Immigrant Petition for Alien Worker - must be filed by the sponsoring U.S. employer with U.S. Citizenship and Immigration Services to begin the process. This petition requests approval of an immigrant visa from USCIS in one of a number of available categories:
- Alien of Extraordinary Ability (1st Preference)
- Outstanding Professor or Researcher (1st Preference)
- Multinational Executive or Manager (1st Preference)
- Advanced Degree (2nd Preference)
- Professional or Skilled Worker (3rd Preference)
- Special Immigrants (4th Preference)
- Employment Creation, such as those who start, purchase or invest in a business employing US workers (5th Preference)
The I-140 Petition requires documentation that the foreign national fits into one of these categories, and different categories require different types of documentation. Most 2nd Preference cases (Advanced Degree) and all 3rd Preference cases (Professionals or Skilled Workers) require an approved Labor Certification from the U.S. Department of Labor prior to filing - this can delay filing of the I-140 Petition up to six years in some circumstances.
The I-485 Application for Adjustment of Status to Permanent Residence, if this is the chosen method of can often be filed along with the I-140 Immigrant Visa Petition where the foreign national is already present in the U.S. - but not always.
Q: What is the purpose of the I-140 Immigrant Visa Petition?
A: The purpose of the I-140 Immigrant Visa Petition is to request that U.S. Citizenship and Immigration Services allocate an immigrant visa for a specified individual in a specific preference category. It also formally establishes a priority date. See our FAQ on priority dates and preference classes for a more detailed explanation of what this means.
Q: How long does the I-140 process take?
A: This depends on where the I-140 Petition is filed and the basis for the case (Extraordinary Ability, Labor Certification-required 3rd-preference, Employment Creation, etc.). This is not necessarily consistent among the USCIS Service Centers, but generally can be anywhere from five to eighteen months.
Please note that this timing guideline should be used solely for general information purposes. Bear in mind that situations may occur (such as USCIS staffing and procedural changes) which change government processing times.
Following the filing of the petition, you will receive correspondence notifying you of the filing date. If your manager has not received notification of petition approval within several weeks following the estimated approval timeframe, please ask him/her to contact us.
Q: In which Preference Category will my case be filed?
A: The I-140 stage is the first time in the residence process that a petition is filed with U.S. Citizenship and Immigration Services. On the I-140 form, the employer indicates the category from which an immigrant visa is being requested on your behalf. This preference category will determine timing of your eligibility to file the I-485 Application to Adjust Status to Permanent Residence, the final stage of the permanent residence process.
The preference category designation is not an arbitrary choice to be made for the purpose of expediting the residence process, but rather is carefully determined based upon an analysis of the factors involved in the case.
In other words, the academic and professional credentials of the foreign national, the nature and type of job and employer, the minimum education and experience requirements of the employer for the particular job, and possibly other factors determine the preference category requested at the time of filing the I-140 petition. To learn more about these issues, consult our FAQ on Priority Dates and Preference Classifications.
Q: What about my family?
A: The names, places of birth, and dates of birth are mentioned on the I-140 Immigrant Visa Petition, but only at the final stage is permanent residence formally requested for them.
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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.