Officially known as an Immigrant Petition for Alien Worker, Form I-140 is a document filed by American employers in an effort to secure a green card for a current or prospective employee. This is one of the most important steps in the employment visa process.
Even a single error in the completion of this form can have lasting consequences, not only for the applicant but also for your business. Getting this right starts with relying on a business immigration attorney you can trust. Let an I-140 petition lawyer prepare this document and ensure compliance with federal law.
This form is used by businesses hiring foreign nationals as part of their labor force, and it is a necessary component under several visa programs. There are three programs in total that require an I-140 petition, and an attorney can assist with each of them. They include:
Each of these employment-based visas can be a necessary part of a company securing the workforce they need. Experienced legal counsel can help navigate this process from beginning to end.
If the petition is approved, it is primarily up to the foreign resident to complete the process. If they are already living in the United States, this is done through a process known as adjustment of status. Additional steps come into play when applying from a foreign country, including an interview at a U.S. consulate or embassy.
Filing the petition is an important step toward securing a green card for a future employee, but it is not the first requirement in this process. Before a company can prepare and submit the petition, they will typically first need to obtain an approved PERM labor certification.
The United States Department of Labor (DOL) requires companies to obtain a labor certificate that establishes two things before hiring abroad. First, they must be able to show that the domestic labor market cannot provide workers who are qualified, capable, and willing to take the position. Second, an employer has to prove they will pay at or above the prevailing wage so that hiring abroad does not depress wages. Once this certificate is secured, an attorney can move forward with the I-140 petition.
Typically, it is not enough to file the form on its own. United States Citizenship and Immigration Services (USCIS) also requires additional supporting documentation, which varies depending on the visa program.
Usually, this is used to prove that the person being hired fits the criteria set out in the labor certificate. The necessary evidence in these cases might include employment records, educational credentials, degrees, or letters of recommendation from past employers.
There are few things more important to get right than hiring staff from another country. Even one mistake can lead to costly delays that can impact your bottom line. Instead of tackling this challenge on your own, put your trust in the hands of skilled legal counsel. Reach out to an I-140 petition lawyer today to learn more and bring your foreign nationals on board efficiently.
