Form I-140: what it is, how to apply and main questions

If you are planning to immigrate to the United States, it is important to understand the process and forms required to obtain your desired visa.

One such form is the I-140, which plays a crucial role in the immigration process for certain visa categories such as EBs.

In this article, we'll explore what Form I-140 is, how it works, who is eligible, required documentation, processing time, and other relevant information.

Keep reading to learn more about the I-140 and take your first steps towards the American dream.

What is Form I-140?

The USCIS Form I-140, Petition for Alien Worker, plays a key role in the process of obtaining a "Green Card" in the United States.

Before an individual can be considered for adjustment of status or registration of permanent residence, filing of the I-140 form is required.

This petition is intended to establish a genuine working relationship between the employer and the foreign worker, or, in the case of a National Interest Waiver (NIW), the applicant must demonstrate his or her extraordinary professional skills.

The I-140 is commonly filed by potential employers looking to hire skilled foreign workers.

However, individuals who fall into the category of extraordinary ability in the sciences, arts, education, business, sports or members of advanced degree professions may apply for the "Green Card" without the need for a job offer, provided they can demonstrate that your work is of national interest to the United States.

In these cases, relying on the specialized services of a company like D4U can be extremely helpful, as they have extensive experience in dealing with the work visa of national interest (NIW).

In order for the I-140 petition to be approved, immigrants who wish to apply must provide convincing evidence that meets the required standard of proof.

USCIS requires a "preponderance of evidence" for approval, which means that the applicant must provide a body of evidence that convinces the officer that the applicant is more likely to be a professional of extraordinary abilities than not (51% of evidence) favorable to convince the officer in charge of the case.

In this regard, D4U Immigration offers guidance and assistance, assisting the applicant in identifying and obtaining the recommended types of evidence.

It is critical to collaborate with D4U and provide the necessary documentation within the established timeframe in order to ensure efficient processing and a favorable decision on the case.

The process of completing and submitting the I-140 form can be complex and demanding, but having the help of specialized professionals, such as the D4U Immigration team, significantly increases the chances of success in obtaining the "Green Card".

Therefore, if you are seeking permanent residency in the United States, please do not hesitate to seek guidance and support to ensure that all requirements are properly met.

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Who is Eligible for an I-140 Petition?

Eligibility for an I-140 petition depends on the intended employment-based immigrant visa category.

There are different categories such as EB-2, EB-3 and others. Each of them has specific requirements regarding professional qualification and job offers.

Therefore, it is important to consult an immigration specialist to verify eligibility in your specific category.

Read too: Requisitos para o visto EB2-NIW (National Interest Waiver)

What documentation is required for an I-140 petition?

The documentation required for an I-140 petition may vary based on the employment-based immigrant visa category and individual circumstances.

Generally speaking, you will need to provide evidence of your professional qualifications such as diplomas, certificates, resume and references from previous employers.

In addition, documents supporting the job offer will be required, such as letters from the employer, job description and company information.

How long does the I-140 take?

Form I-140 processing time can vary and is dependent on several factors, including the volume of petitions received by USCIS and the employment-based immigrant visa category.

In some cases, processing takes several months. It is important to be aware of this deadline when planning your immigration.

What happens after my I-140 is approved?

What happens after my I-140 is approved?

If your I-140 form is approved, depending on your visa category, you may be able to proceed to the next step in the immigration process, including applying for status adjustment to get the Green Card. 

What happens if the i-140 is denied?

If the I-140 is denied, you must carefully review the reasons for the denial and determine the available options.

Depending on the circumstances, it is possible to appeal the decision, file a new petition or seek other immigration alternatives.

If this happens, consult immigration specialists, as this is essential for making the best decisions.

Top questions about Form I-140

Below are the main frequently asked questions about the I-140 form

Can I change jobs while the I-140 is pending?

Yes, it is possible to change jobs while the I-140 is pending.

However, depending on the circumstances, changing jobs may affect the status of your immigration process.

So consult an expert before making any decision.

Can we check the status of the i-140 online?

Yes, you can check your I-140 status online through USCIS website, who will send you a receipt number that allows you to track the progress of the process.

What is the fee to file an I-140 petition?

The form I-140 filing fee can vary and is set by the USCIS, however the average today is U$700.00.

How to Translate the Required Documents for Form I-140

The documents required for Form I-140 must be translated into English. The ideal in these cases is to hire an immigration consultancy, as these establishments have direct contact with sworn translators, which guarantees the accuracy of the certified translation of documents.

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Other types of visas D4U Immigration can help you obtain in addition to Form I-140

In addition to providing Form I-140 advisory services, D4U Immigration has extensive experience and knowledge in many other types of visas to America.

Our specialized team is ready to help you obtain the visa that best suits your needs and objectives. We also offer full advice on the requirements for taking other family members and transporting pets to the United States.

Here are some of the other types of visas we can help you obtain:

  • Family based visas: D4U Immigration helps you apply for visas based on specific family relationships, such as the F1 immigrant visa for unmarried children of US citizens, the F2A visa for spouses and children of lawful permanent residents, and more.
  • EB-1 Visa - Extraordinary Skills: we assist you in obtaining an EB-1 visa, a type of visa that does not require a job offer and your work history;
  • EB-2 Visa - Exceptional Skills: D4U Immigration provides advice on obtaining an EB-2 visa, a type of visa that requires a job offer from an American company, proving your exceptional capacity in your field;
  • EB2-NIW Visa (National Interest Waiver): If you have an outstanding professional and academic record, even without formal university degree requirements, the EB2-NIW visa is an option and D4U Immigration helps you present your application based on your professional experience, contributions to the United States and proof of your importance to the country.
  • EB-3 visa: finally, if you have a job offer in the United States, D4U Immigration will assist you in obtaining the EB-3 visa, a type of visa that is widely used in several professional categories and is a gateway to the Green Card.

These are just some of the examples of additional visas that D4U Immigration helps you obtain.

Remember that each case is unique and our team of specialists is ready to assess your profile and provide you with personalized guidance on the visa best suited to your circumstances.

What are you waiting for? Hire D4U Immigration's visa office right now!

Conclusion

Form I-140 plays an essential role in the immigration process for certain categories of employment-based immigrant visas in the United States.

It is important to understand the requirements, documentation, and steps involved in this process.

In this context, D4U Immigration's visa office offers expert guidance and assists in all stages of the immigration process.

Contact us for more information and start your journey towards the American dream with peace of mind and safety.

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