I-140 Immigrant Petition for Alien Workers Guide

USCIS EMPLOYMENT-BASED IMMIGRATION GUIDE

Complete Guide to Form I-140

A complete field-by-field guide to the Immigrant Petition for Alien Workers, including EB-1, EB-2, National Interest Waiver, EB-3, petitioner and beneficiary information, labor certification, proposed employment, family members, signatures and supporting evidence.

Before You Start: Identify the Correct Employment-Based Category

Form I-140 is used to request an employment-based immigrant classification. Some categories require a U.S. employer and permanent job offer, while certain EB-1 extraordinary ability and EB-2 National Interest Waiver cases can be self-petitioned.

Petition Category Identify the exact EB-1, EB-2 or EB-3 classification before completing the form.
Beneficiary Records Prepare passport, I-94, A-Number, education and employment history where applicable.
Employer Records Prepare EIN, business information, income, employees and proposed job information.
Labor Certification If required, prepare the certified ETA Form 9089 and related Department of Labor information.
The petition type determines nearly everything that follows.

Form I-140 covers several employment-based immigrant classifications with very different legal standards. Do not choose a category based simply on which one appears easier or faster. All sample information below is fictional.

FORM I-140 — PART 1

Information About the Person or Organization Filing This Petition

Petitioner's Legal Name

If the petitioner is a company or organization, enter its complete legal business name. If an individual is permitted to file the petition, enter that person's legal name.

EXAMPLE BUSINESS NAME:
NORTHSTAR RESEARCH SYSTEMS LLC

Mailing Address

Provide the petitioner's complete mailing address, including In Care Of Name where applicable, street number and name, suite or floor, city, state, ZIP Code, province, postal code and country.

IRS Employer Identification Number — EIN

If the petitioner is a U.S. employer or entity, enter the IRS Employer Identification Number requested by the form.

Do not enter the beneficiary's Social Security Number in the EIN field.

U.S. Social Security Number

If an individual petitioner is filing and the field applies, provide the petitioner's U.S. Social Security Number.

USCIS Online Account Number

Enter the petitioner's USCIS Online Account Number if one has been assigned. This is different from a receipt number or A-Number.

FORM I-140 — PART 2

Petition Type

Select only the immigrant classification that actually applies to the beneficiary.

EB-1 Extraordinary Ability

Use the extraordinary ability classification for a qualifying individual with sustained national or international acclaim in sciences, arts, education, business or athletics. A permanent job offer is not required for this classification.

EB-1 Outstanding Professor or Researcher

Use this classification for a qualifying professor or researcher recognized internationally as outstanding who meets the experience and permanent-position requirements.

EB-1 Multinational Executive or Manager

Use this classification for a qualifying multinational manager or executive who meets the required foreign employment and corporate relationship criteria.

EB-2 Advanced Degree or Exceptional Ability

Use the applicable EB-2 classification when the beneficiary is a member of the professions holding an advanced degree or has exceptional ability in sciences, arts or business.

EB-2 National Interest Waiver — NIW

Select the NIW option when the petitioner requests waiver of the job-offer and labor-certification requirements in the national interest. A qualifying individual may self-petition.

EB-3 Professional

Use the professional category when the offered occupation requires at least a U.S. bachelor's degree or foreign equivalent and the beneficiary meets the applicable requirements.

EB-3 Skilled Worker

Use this category for permanent employment requiring at least two years of training or experience when the beneficiary meets the certified job requirements.

EB-3 Other Worker

Use this classification for qualifying permanent, nonseasonal work requiring less than two years of training or experience.

Amended Petition

If this petition is being filed to amend a previously filed Form I-140, select the applicable option and provide the prior petition receipt number.

Schedule A, Group I or II

Select the Schedule A option only when the offered occupation and case qualify under the applicable Department of Labor Schedule A rules.

EB-1

First Preference Employment Categories

Extraordinary Ability — Self-Petition

A qualifying extraordinary-ability beneficiary may file the I-140 without a U.S. employer filing on their behalf. The petition must establish that the beneficiary meets the applicable extraordinary-ability standard and intends to continue work in the area of extraordinary ability.

Outstanding Professor or Researcher

This category requires a qualifying U.S. employer, international recognition as outstanding, at least three years of qualifying teaching or research experience, and the qualifying permanent position.

Multinational Manager or Executive

The petition must establish the qualifying relationship between the U.S. and foreign entities, the required period of qualifying foreign employment, and the managerial or executive nature of the U.S. position.

EB-2

Advanced Degree, Exceptional Ability and National Interest Waiver

Advanced Degree Professional

The beneficiary generally must possess the required advanced degree, or a bachelor's degree followed by the qualifying progressive experience, and meet the requirements of the offered position.

Exceptional Ability

The petition must establish exceptional ability in sciences, arts or business under the applicable USCIS criteria.

National Interest Waiver

A National Interest Waiver asks USCIS to waive the usual permanent job-offer and labor-certification requirements because granting the waiver is in the national interest.

NIW is not simply “EB-2 without an employer.”

The petition must first establish EB-2 eligibility and separately establish eligibility for the National Interest Waiver.

EB-3

Skilled Workers, Professionals and Other Workers

Skilled Worker

The certified permanent position must require at least two years of training or experience, and the beneficiary must satisfy those requirements.

Professional

The occupation must require at least a U.S. bachelor's degree or foreign equivalent degree, and the beneficiary must possess the qualifying degree.

Other Worker

This classification applies to qualifying permanent work requiring less than two years of training or experience.

FORM I-140 — PART 3

Information About the Person for Whom You Are Filing

Beneficiary's Full Legal Name

Provide the beneficiary's Family Name, Given Name and Middle Name exactly as shown in legal identity documents.

FAMILY NAME: JANSEN
GIVEN NAME: EMMA
MIDDLE NAME: SOPHIE

Mailing Address

Provide the beneficiary's complete current mailing address.

Date of Birth

Enter the beneficiary's actual date of birth.

Country of Birth

Enter the beneficiary's country of birth.

Country of Citizenship or Nationality

Enter the beneficiary's current country of citizenship or nationality.

A-Number

Enter the beneficiary's Alien Registration Number if one has been assigned.

U.S. Social Security Number

Enter the beneficiary's U.S. Social Security Number if one has been issued. Do not enter a foreign identification or tax number.

FORM I-140 — PART 3

Beneficiary's Last Arrival in the United States

Date of Last Arrival

IF BENEFICIARY IS IN THE UNITED STATES

Enter the date of the beneficiary's most recent arrival in the United States.

Form I-94 Number

Enter the beneficiary's Form I-94 Arrival/Departure Record number.

Do not enter a visa number, A-Number or USCIS receipt number here.

Expiration of Authorized Stay

Enter the expiration date shown on the I-94, or the applicable notation such as D/S when that is what the immigration record shows.

Status on Form I-94

Enter the beneficiary's status or class of admission shown by the relevant I-94 record.

Passport Number

Enter the passport number associated with the applicable entry.

Travel Document Number

Enter a travel-document number if one was used instead of or in addition to a passport.

Country of Issuance

Provide the country that issued the passport or travel document.

Expiration Date

Enter the expiration date of the applicable passport or travel document.

FORM I-140 — PART 4

Processing Information

Consular Processing Abroad

VISA ABROAD Select when the beneficiary expects to apply for an immigrant visa through a U.S. Embassy or Consulate abroad.

Provide the city or town and country of the U.S. Embassy or Consulate where immigrant visa processing is expected.

Adjustment of Status in the United States

ADJUSTMENT OF STATUS Select when the beneficiary intends to apply for lawful permanent residence inside the United States using Form I-485.

Current or Last Country of Permanent Residence Abroad

Provide the beneficiary's current country of residence abroad, or if currently in the United States, the last country of permanent residence abroad as requested.

Foreign Address

If a U.S. address was provided for the beneficiary, complete the foreign-address fields required in Part 4.

Name and Address in Native Alphabet

If the beneficiary's native written language does not use Roman letters, provide the name and foreign address in the native alphabet as requested.

Removal Proceedings

Answer whether the beneficiary is currently in removal proceedings. If Yes, provide complete information in the additional-information section where required.

FORM I-140 — PART 4

Other Petitions or Applications Filed With Form I-140

Concurrent Filing

Indicate whether another petition or application is being submitted together with this Form I-140.

FORM I-485 Adjustment of Status application where concurrent filing is permitted and an immigrant visa is immediately available.
FORM I-765 Employment Authorization application where a qualifying basis exists.
FORM I-131 Travel-document request where a qualifying basis exists.
OTHER Identify another concurrently filed form where applicable.
Do not assume concurrent filing is always allowed.

Eligibility depends on the immigrant category, visa availability and the beneficiary's adjustment eligibility.

FORM I-140 — PART 5

Additional Information About the Petitioner

Type of Business

Describe the petitioner's type of business or organization.

EXAMPLE:
BIOTECHNOLOGY RESEARCH AND DEVELOPMENT

Date Business Established

Provide the date the petitioning business was established.

Current Number of U.S. Employees

Enter the current number of U.S. employees as required by the form.

Gross Annual Income

Enter the petitioner's gross annual income using accurate business financial records.

Net Annual Income

Enter the net annual income requested by the form using the petitioner's actual financial documentation.

NAICS Code

Enter the North American Industry Classification System code that accurately describes the petitioner's primary business activity.

Petitioner's Occupation and Annual Income

IF AN INDIVIDUAL IS FILING

Where the form applies to an individual petitioner, provide the petitioner's occupation and annual income.

FORM I-140 — PART 5

Labor Certification Information

Department of Labor Case Number

If the classification requires permanent labor certification, enter the Department of Labor case number from the certified application.

Labor Certification Filing Date

Enter the date the labor certification application was filed with the Department of Labor. This date can also establish the employment-based priority date in applicable cases.

Labor Certification Expiration Date

Where applicable, enter the expiration date shown on the certified labor certification and ensure the I-140 is filed within the required validity period.

Categories Without Labor Certification

Certain classifications, including EB-1 extraordinary ability and National Interest Waiver cases, do not require an individual permanent labor certification. Other exemptions or Schedule A procedures may also apply.

Do not leave labor-certification questions unresolved simply because you do not have a PERM case.

First determine whether your specific classification requires, waives or uses an alternative to labor certification.

FORM I-140 — PART 6

Basic Information About the Proposed Employment

Job Title

Enter the title of the permanent position offered to the beneficiary, or the appropriate proposed occupational role where the category permits self-petitioning.

EXAMPLE:
SENIOR BIOMEDICAL RESEARCH SCIENTIST

SOC Code

Enter the applicable Standard Occupational Classification code for the proposed employment.

Nontechnical Job Description

Describe the proposed job duties in clear, nontechnical language that accurately reflects the position.

Do not use a job description that conflicts with the labor certification, support letter or other petition evidence.

Full-Time Position

YES Select if the proposed employment is full time.
NO If the form permits the classification and answer, provide the number of hours per week requested.

Permanent Position

YES Select if the offered position is permanent as required by the applicable classification.
NO Review whether the selected immigrant classification permits the proposed employment.

New Position

YES Select if this is a newly created position.
NO Select if the position already existed.

Wage

Enter the offered wage and specify whether the amount is paid per hour, week, month or year as requested.

For labor-certification cases, verify that the wage information is consistent with the certified permanent position and supporting evidence.

Worksite Location

Provide the city or town, state and ZIP Code of the location where the beneficiary will work, as required by the current form.

FORM I-140 — PART 7

Information About the Beneficiary's Spouse and Children

Provide information for the spouse and all children requested by the form, including whether each dependent will seek adjustment of status or an immigrant visa abroad.

Full Legal Name

For each spouse or child, provide Family Name, Given Name and Middle Name.

Date of Birth

Enter the dependent's actual date of birth.

Country of Birth

Enter the dependent's country of birth.

Relationship

Identify whether the person is the beneficiary's spouse, son or daughter as applicable.

Applying for Adjustment of Status?

YES Select when that dependent intends to apply for adjustment of status inside the United States.
NO Select when that is not the dependent's processing route.

Applying for an Immigrant Visa Abroad?

YES Select when the dependent will pursue derivative immigrant visa processing abroad.
NO Select when the dependent will not process an immigrant visa abroad.
FORM I-140 — PART 8

Petitioner or Authorized Signatory Statement and Signature

Petitioner or Authorized Signatory Statement

Indicate whether the signatory read and understood the petition personally or used an interpreter. Also identify whether a preparer assisted with the petition where applicable.

Authorized Signatory Full Name

If the petitioner is an organization, provide the full legal name of the individual authorized to sign for the entity.

Title

Enter the authorized signatory's official position or title within the petitioning organization.

Telephone and Email

Provide the daytime telephone number, mobile telephone number and email address where requested.

Declaration and Certification

Read the declaration and certification carefully. The petitioner or authorized signatory certifies that the petition and submitted evidence are true and correct.

Signature and Date

The petition must be properly signed.

A missing or invalid signature can result in rejection. The authorized signatory must have authority to sign on behalf of the petitioner.

FORM I-140 — PART 9

Interpreter Contact Information, Certification and Signature

Interpreter Full Name

Provide the interpreter's Family Name and Given Name.

Business or Organization

Provide the interpreter's business or organization name if applicable.

Mailing Address

Provide the complete interpreter mailing address.

Telephone and Email

Provide the interpreter's daytime telephone, mobile telephone and email address where applicable.

Interpreter Certification

The interpreter certifies fluency in English and the language used to interpret the petition and signs and dates the certification.

FORM I-140 — PART 10

Preparer Contact Information, Declaration and Signature

Preparer Full Name

Provide the preparer's Family Name and Given Name.

Business or Organization

Provide the preparer's business or organization name if applicable.

Mailing Address and Contact Details

Provide the mailing address, telephone numbers and email address requested by the form.

Attorney or Accredited Representative

If the preparer is an attorney or accredited representative, complete the applicable representation information and submit Form G-28 when required.

Preparer Signature and Date

The preparer signs and dates the certification confirming that the petition was prepared at the petitioner's request.

FORM I-140 — PART 11

Additional Information

Petitioner Name and A-Number

Provide the identifying information requested at the top of the additional-information page.

Page, Part and Item Number

For every additional answer, identify the exact Page Number, Part Number and Item Number.

PAGE NUMBER: 3
PART NUMBER: 4
ITEM NUMBER: 7

Additional Sheets

If additional space is required, follow the USCIS instructions for extra sheets, identify the relevant page, part and item, and sign and date additional pages where required.

BEFORE FILING

Supporting Evidence and Final Checks

Evidence for the Selected Immigrant Classification

Submit evidence establishing every legal requirement for the exact EB-1, EB-2 or EB-3 classification selected in Part 2.

Labor Certification

When required, submit the certified permanent labor certification and all information required by the applicable filing rules.

Ability to Pay the Offered Wage

Employer-sponsored cases may require evidence establishing the petitioner's continuing ability to pay the proffered wage from the applicable priority date onward.

Beneficiary Qualifications

Provide diplomas, transcripts, employment letters, experience evidence, licenses or other records needed to show that the beneficiary meets the requirements of the immigrant classification and offered position.

EB-1 Evidence

For EB-1 cases, submit the evidence required for extraordinary ability, outstanding professor or researcher, or multinational manager/executive classification.

National Interest Waiver Evidence

For NIW cases, submit evidence establishing both the underlying EB-2 qualification and the legal requirements for waiver of the job offer and labor certification.

Corporate Relationship Evidence

MULTINATIONAL MANAGER / EXECUTIVE

Provide documents establishing the qualifying ownership, control and relationship between the U.S. petitioner and the foreign entity.

Foreign-Language Documents

Every foreign-language document submitted to USCIS must include the required complete English translation and translator certification.

Final Review Before Filing

Check at minimum:
Correct EB-1, EB-2 or EB-3 petition type
Correct petitioner legal name
Petitioner EIN or applicable identifier
USCIS Online Account Number if applicable
Beneficiary legal name
Beneficiary date and country of birth
Citizenship or nationality
A-Number and U.S. SSN if applicable
Last U.S. arrival information
I-94 number and status
Passport or travel-document information
Consular processing or Adjustment of Status selected correctly
Foreign address
Native-alphabet information if applicable
Removal-proceedings answer
Concurrent filings
Business type and date established
Number of employees
Gross and net annual income
NAICS code
Labor-certification information
Job title
SOC code
Job description
Full-time and permanent position answers
Offered wage
Worksite location
Spouse and children information
Authorized signatory information
Petitioner signature and date
Interpreter section if applicable
Preparer section if applicable
Required supporting evidence
Certified translations
Final Rule: Never copy the sample answers.

Form I-140 must reflect the real petitioner, beneficiary, immigrant classification, employment offer, qualifications, labor-certification information and supporting evidence for the individual case.

No matching Form I-140 topic was found.
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