Checklist while Filing Form I-140

Primary applicant Documentation

  • Labor certification application form, certified by DOL
  • Employment Verification Letter
  • Pay stubs from priority date to current
  • Copy of educational qualification
  • Credential evaluations (if degrees were not earned in the US)
  • I-797 (proof of H-1B or other previous status)
  • I-612 Approval notice (if applicable)
  • I-94 card
  • Passport page

Other  Documentation

  • Financial Audit Report
  • Form I-140, Immigrant Petition for Alien Worker

Employer Documentation

  • I-140 Filing Fee ($475)
  • I-907 Filing Fee (optional)
  • Original letter of appointment or job offer indicating a tenure as a teacher or in a related permanent position as a researcher in the academic field.
  • Letter of support from the Chair or Dean in reference to the petition for permanent residence addressed to USCIS.

EB-1, Outstanding Professor or Researcher

  • Evidence showing at least 3 years experience in teaching or research after completion of the doctoral degree.
  • Experience in teaching or research while working on a doctoral degree will only be acceptable if the foreign national has acquired the degree, and if the teaching duties were such that he/she had full responsibility for the classes taught or if the research toward the degree has been recognized within the academic field as outstanding.
  • Evidence of teaching and/or research experience shall be in the form of letter(s) from the current or former employer(s).

EB-1 Substantiating Evidence

At least 2 of the following must be met:

  • Major prizes or awards for outstanding achievement in the academic field.
  • Copy of the prize or award and a translation of the document, if it is not written in English; documentation from an authoritative source that explains the criteria for the award or prize that indicates the significance of the award/prize on a national or international level.
  • Membership in professional associations in the academic field that require outstanding achievements of their members.
  • Proof of membership in the form of a membership card, proof of payment or dues, etc
  • Published material about the foreign national’s work in the academic field or publications written by others about the foreign national’s work in the same or an allied field.
  • Proof for acting as the judge of the work of others or participating on a panel or individually as a judge of the work of others in the same or allied field.
  • Articles written by the foreign national published in professional journals, letters acknowledging that he/she has served as a reviewer of manuscripts for publication in journals.
  • Proof of the foreign national’s original scientific or scholarly research contributions to the academic field.
  • Evidence of books or articles in scholarly journals with international circulation in the same field. Include copies of the cover page of such article, chapter or book.

EB-2, Advanced Degree Holder “Special Handling”

The US employer

  1. Should have placed one advertisement in a national professional journal.
  2. Has to prove that the foreign national employee is more qualified than US applicants.
  3. Has to file the labor certification application within 18 months of “selecting” the foreign national employee for the position.
  • A record showing that the foreign national has s US advanced degree or a foreign equivalent degree; or
  • A record showing that the prospective has a US baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(s) showing that the alien has at least five years of progressive post baccalaureate experience in the specialty field.
  • Description of the position and wage to be paid
  • Actual copy of the advertisements and evidence regarding when and where each was published
  • Department’s other recruitment efforts and results
  • Offer of employment letter
  • Copy of employment contract or letter offering employment to employee, with signatures.
  • Statement by the official with hiring authority setting forth the total number of applicants for the opportunity and the job-related reasons why the foreign national is more qualified than any US workers who applied.
  • Written statement attesting to the “degree of the alien’s educational or professional qualifications and academic achievements”
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