Instructions for USCIS Form I-140 Petition for Alien Workers

USCIS Form I-140 Immigrant Petition for Alien Workers

This document contains official instructions for USCIS Form I-140 , Petition for Alien Workers - a form released and collected by the U.S. Department of Homeland Security - Citizenship and Immigration Services. An up-to-date fillable USCIS Form I-140 is available for download through this link.

FAQ

Q: What is Form I-140?A: Form I-140 is a petition filed with the United States Citizenship and Immigration Services (USCIS) to request approval for an employer to sponsor a foreign worker for employment-based immigration.

Q: Who can file Form I-140?A: Employers or their authorized representatives can file Form I-140 to sponsor a foreign worker for employment-based immigration.

Q: What is the purpose of Form I-140?A: The purpose of Form I-140 is to establish the eligibility of a foreign worker for a specific employment-based immigrant category, such as EB-1, EB-2, or EB-3.

Q: What documents are required to file Form I-140?A: The specific documents required to file Form I-140 vary depending on the employment-based immigrant category. Generally, the petitioner must provide evidence of the employer's ability to pay the offered wage and evidence of the foreign worker's qualifications.

Q: What fees are associated with filing Form I-140?A: As of October 2021, the filing fee for Form I-140 is $700.

Q: Can premium processing be requested for Form I-140?A: Yes, premium processing is available for Form I-140. By paying an additional fee, the petitioner can request expedited processing, which guarantees a response from USCIS within 15 calendar days.

Q: What happens after Form I-140 is approved?A: If Form I-140 is approved, the foreign worker can then proceed with the next steps in the immigration process, such as filing for adjustment of status or applying for an immigrant visa at a U.S. embassy or consulate.

Q: What if Form I-140 is denied?A: If Form I-140 is denied, the petitioner may have the option to appeal the decision or file a motion to reopen or reconsider. It is advisable to consult with an immigration attorney for guidance in such situations.