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 the visa you want.

One of these forms 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, the documentation required, the processing time and other relevant information.

Read on to find out more about the I-140 and take the first steps towards the American dream.

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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 permanent residence registration, the I-140 form must be filled out.

This petition aims 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 their extraordinary professional skills.

The I-140 is commonly filled out by potential employers who wish to hire qualified foreign workers.

However, individuals who fall into the category of extraordinary ability in the sciences, arts, education, business, sports or members of professions with an advanced degree can apply for a green card without the need for a job offer, as long as they can demonstrate that their work is in the national interest of the United States.

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

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

Preponderance of evidence

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 ability than not (51% of the evidence) favorable to convince the officer in charge of the case.

In this regard, D4U Immigration offers guidance and assistance, helping the applicant to identify and obtain the recommended types of evidence.

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

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

So if you are seeking permanent residency in the United States, don’t hesitate to seek advice and support to ensure that all the requirements are met properly.

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Who is eligible for an I-140 petition?

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

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

It is therefore important to consult an immigration specialist to check eligibility in your specific category.

What documentation is required for an I-140 petition?

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

In general, it will be necessary to provide:

Evidence of your professional qualifications;
Diplomas;
Certificates;
Curriculum;
References from previous employers.

You will also need documents to prove the job offer, such as letters from the employer, a job description and information about the company.

How long does the I-140 take?

The processing time for the I-140 form can vary and depends 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 timeframe when planning your immigration.

What happens after my I-140 is approved?

If your I-140 form is approved, depending on your visa category, you can move on to the next stage of the immigration process, including applying for adjustment of status to obtain a green card.

What happens if the i-140 is denied?

If the I-140 is denied, you should carefully analyze the reasons for the denial and determine the options available to you.

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

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

Main questions about Form I-140

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

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

YesIt is possible to change jobs while the I-140 is pending.

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

So consult a specialist before making any decisions.

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

YesYou can check the status of your I-140 online through the USCIS websitewhich will send you a receipt number that allows you to follow the progress of the process.

What is the filing fee for an I-140 petition?

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

How to translate the documents required for Form I-140

The documents required for Form I-140 must be translated into English. The ideal option 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 the documents.

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

In addition to providing advisory services for Form I-140, D4U Immigration has extensive experience and knowledge in various other types of visas for 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 bringing other family members and on transportation of 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 legal permanent residents, among others.
EB-1 Visa – Extraordinary Abilities: We assist you in obtaining the EB-1 visa, a type of visa that does not require a job offer and your professional background;
EB-2 Visa – Exceptional Abilities: D4U Immigration provides advice on obtaining the EB-2 visa, a type of visa that requires a job offer from an American company, proving your exceptional ability in your field;
EB2-NIW (National Interest Waiver) visa: If you have an outstanding professional and academic record, even without the formal requirements of university degrees, the EB2-NIW visa visa is an option and D4U Immigration will help 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 help you obtain the EB-3 visa, a type of visa that is widely used in various 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 experts is ready to assess your profile and provide personalized advice on the most suitable visa for your circumstances.

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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 consultancy offers specialized advice and helps with all stages of the immigration process.