Immigration is a hot-button topic in our country and among our politicians. Whatever the viewpoint, there is a way for those to seek work visas.
What is the Purpose of Filing Form I-140?
For a U.S employer to petition for workers to obtain immigration work visas.
Who can file Form I-140
A U.S employer must file the petition for the person intending to seek permanent residency through work visas.
You are only eligible for this application if you are the following:
A professor or researcher with at least 3 years of experience in teaching or researching specific areas and is also internationally recognized as:
In tenured position, comparable position in a University or institution of higher education or;
A comparable position to research for a private employer but that employer must have at least three full-time research positions and must have achieved documented accomplishment in an academic field.
A person who has had 3 years of experience in a managerial or executive role in and one year experience by a girl or corporation and continues to be needed by the employer for the same role he or she currently holds
A person with an exceptional ability in science, arts or business and will benefit the national economy, cultural or educational interests or the welfare of the U.S
A skilled worker with a least two years of specialized training or experience in the work and in which the type of workers are not available in the United States
A person with a bachelor’s degree in a profession
An unskilled worker with a less than two years of specialized training or experience in the work and in which the type of workers are not available in the United States
National Interest Waiver:
It is a petition for work visas if you have selected the second preference (EB-2) usually petitioners need a permanent job offer and a labor certification but this allows the requirements to be waived because it is for the United States’ national interest. In order to qualify for this waiver, the person must have an advanced degree and must be able to prove it is in the interest of the United States to have the person work within the state.
How to obtain the form:
By going to the USCI website you can view, print or fill out the form. You can download free at https://www.uscis.gov/i-140
If you do not have internet access you can call the USCIS National Customer Service Center at 1- 800-375-5283 to have them mail the forms to you. (For the deaf or hard of hearing you can call 1-800-767-1833)
Law Firms in the Northern Virginia areas can help with immigration cases which help you to file the 1-140 Form in an efficient and accurate manner.
Filling Out the Form:
There are 9 parts of the form that needs to be filled out.
If you are in the Northern Virginia area, near Fairfax, Loudon, Arlington and Prince William counties you can hire an immigration attorney to help the employer fill out the forms for the work visas.
The first part is the person or organization filing the petition for the worker.
You need the name of the person or organization that is filing this petition
The IRS Tax number or U.S Social Security Number of the person or organization
The Mailing Address
Part two is to indicate what type of petition is being applied for
EB-1: priority workers
EB-2/EB-3: PRM (Labor Certification)
EB-2: Physician/NIW/Advanced Degree
EB-3: Bachelors, Skilled, Unskilled workers
EB-4: Religious Work
EB-5: Investment Green Card
Part three is information about the person for whom the company is filing the work visas for
Name of the person
A Number or U.S Social Security Number
If they are in the United States then any information pertaining that
Part 4 Processing Information: any current or further information on the process
Part 5 Any other information about the Petitioner
Part 6 Information about the Job being given to the Alien
Part 7 Information about the Spouse and Child of the Alien
Part 8 Signature of the Petitioner
Part 9 Signature of Person Preparing the Petition
Employers must have the applicant’s Social Security number or IRS Tax Number
Don’t forget to sign!
Although this form is complicated, there are immigration attornies in the Northern Virginia areas can help you file the 1-140 Form in an efficient and accurate manner.
The USCIS states that fees must be in the following format:
“1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and
- Make the check or money order payable to U.S. Department of Homeland Security. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”
- If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the method of payment”
Where to File?
Mail the forms to:
For U.S Postal Services
P.O. Box 660128
Dallas, TX 75266
For overnight/courier (non-USPS)
2501 S. State Highway 121 Business
Lewisville, TX 75067
Must file with original individual labor certification with the Department of Labor stating that the individual qualifies for the shortage of occupations
Labor certification establishes that there are insufficient U.S workers who are qualified to fill that position.
The company must prove they are able to pay the wage
Basic information about who the company is filing for; any visa, travel documents or forms needed
Passport and Travel Documents for the applicant
For whomever you are applying for depends on what kind of evidence is needed for the case please the I-140 instructions for individual required evidence (https://www.uscis.gov/i-140)
Finding Evidence and what qualifies as evidence can be hard, but an immigration lawyer can help you with that if you live near Fairfax, Loudon, Arlington, and Prince William counties in the Northern Virginia Area.
Legible photocopies of documents are required and only if the instructions specifically stated that you must submit the original document or if at any time during the process does USCIS ask for original documents.
If you submit a document in a foreign language you must also get that document translated. The translator needs to sign a certification that the English translation is complete and accurate and that he or she is competent to translate from the foreign language into English.
Translators can also be found in law firms that specialize in immigration law and an immigration lawyer can help you with that if you live near Fairfax, Loudon, and Arlington and Prince William counties.
If at any time you need help and are in the Nothern Virginia area, make sure you contact an immigration attorney to help.
References: Immigration Law