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Use our Form Navigator to complete Form I-140, Immigrant Petition to obtain a Employment Based immigrant visa with an approved Labor Certification today! Our easy to use step-by-step system will provide you with everything you need to file an immigration petition with U.S. Citizenship and Immigration Services (formerly known as the INS).
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I-140 Form - Immigrant Petition for Employment Based Green Card
The I-140 form, Immigrant Petition for Foreign Worker, is used by employer to petition (sponsor) a foreign national to be eligible for green card (immigrant visa) based on employment.
Before I-140 petition is filed the PERM Labor Certification must be approved for most categories. The employer files Form I-140 (Petition for Immigrant Worker) on the employee's behalf after Labor Certification is filed and approved.
Filing I-140, Immigrant Petition online will ensure individuals have entered all the correct information required and will help prepare supporting documents in well-organized manner.
I-140 Form - Who should file?
Generally a U.S. employer files form I-140 immigrant petition for:
- Individuals who have proven to be outstanding professor or research which have at least three (3) years experience in teaching or research in the academic area and who have been recognized internationally as outstanding in a tenured position at a university or institution of higher education to teach in the academic area, or had a comparable position at university or institution of higher education to conduct research in the area, or held a similar position to conduct research for a private employer that employs at least three (3) persons in full-time research activities and had achieved documented accomplishments in an academic filed.
- Foreign national, who in the three (3) years preceding the filing of I-140 petition, has been employed primarily in a managerial or executive position for at least one year (1) by a company or corporation or other legal entity and who desires to enter the United States to continue work efforts to the same employer, or to subsidiary or affiliate, in capacity that is managerial or executive position.
- A member of the professions who holds an advanced degree or foreign national with exceptional ability in the sciences, arts, or business who will greatly contribute to the national economy, cultural or educational interests, or welfare of the United States.
- A skilled worker (with at least two years of specialized training or experience in their particular trade) to perform labor for which qualified workers not available in the United States.
- A member of the professions with a bachelor's degree.
- An unskilled worker (has less than 2 years of specialized training or experience) to perform labor for which qualified works are not available in the United States.
Additionally, any employer, individual or third party can file I-140 petition, including the foreign national beneficiary of the petition if the petition is being filed under these circumstances:
- Foreign national of extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field; or
- A member of the profession holding an advanced degree or is claiming exceptional ability in the sciences, arts or business and is seeking an exemption for the requirement of a job offer in the national interest, generally known as a "National Interest Waiver".
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