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PETITION FOR IMMIGRANT WORKER (I-140) PROCESS
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.
ADJUSTMENT OF STATUS (I-485)
Adjustment of Status is the final stage of the Green Card process. After completion of the Adjustment of Status, the applicant becomes a lawful permanent resident of the US.
An applicant has the option of filing the I-485 or Consular Processing (CP).
- File form I-485 - In this case, the applicant can file for adjustment of status using form I-485 for him/herself and family members while remain in the United States.
- Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in his/her home country. (Please see Consular Processing for further information.)
Documentation Required to file Form I-485?
The following is a conventional list of documents that may be required for applying for the I-485/Adjustment of Status application:
- Form I-485 - Application to Register Permanent Residence or to Adjust Status.
- Birth Certificate
- Copy of Passport page with Nonimmigrant Visa
- Two Color Photographs as per new guidelines
- Fingerprints (USCIS will notify when and where to get fingerprinting done)
- Form G-325A, Biographic Information
- Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to the alien and it should mention the salary/wages to be paid.
- Copy of the person?s I-797 Notice of Action, showing that his/her I-140, Immigrant Petition for Alien Worker, has been received or approved by INS.
- Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. (This must be completed by the USCIS authorized physician)
- Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable a lawyer to represent the alien?s interests
- Form I-765, Application for Employment Authorization or EAD (Optional. If the person wishes to be employed while the case is pending)
- Form I-131, Application for Travel Document (Optional. If the person wants a Travel document in case he/she may have to travel out of USA while the case is pending)
- The alien might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case.
- Other then these, there may be additional documents required which depends on individual cases. Advice from the Immigration Attorneys at Smith & Garg LLC can be well worth the time.
Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your immigration needs.
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