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Petition For An Alien Worker (I-140)

Petition For An Alien Worker (I-140)

Home | Immigration Law | Immigrant Petition for Alien Worker

What Is The Purpose Of The I-140 Petition For An Alien Worker?

This petition is required for every employment based green card application (EB1, EB2,
and EB3). Generally, the Petition For An Alien Worker  is filed after the Labor Certification is completed.

I highly recommend Garcia & Phan for immigration needs. They return calls as promised and provide case updates. They didn’t leave anything to chance, and they took care of our needs.

What Happens After The I-140 Petition Is Filed?

If the I-140 Petition is approved, then the employee can apply for their green card. If the employee is in the United States, the process is called Adjustment of Status. If the employee is outside the United States, then the green card process will happen at the U.S. Consulate in their home country. If the I-140 is denied, then depending on the reason for the denial, an appeal is possible or the employer can re-file the petition with the USCIS.

Can I Expedite The Process?

Yes, for an extra fee, the I-140 can be expedited for most visa categories. USCIS changes availability of this expedite service from time to time so it is best to check before filing. The cost to expedite or premium process the petition is $1225.00.

Can The I-140 Petition And Green Card Application Be Filed At The Same Time?

Yes, as long as there is a visa available for your category. Visa availability is updated every month by U.S. Department of State so that should be consulted before filing. Generally, the EB3 category has the longest wait because there are more applications in that visa category than the others.

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Mary MasseyMary Massey
03:25 02 Nov 22
Garcia and Phan Personal Injury Lawyers are great at what they do. They helped me after my car accident and got me the money I needed to get my life back on track. Garcia and Phan are great at what they do. They helped me after my car accident and got me the money I needed to get my life back on track. I would highly recommend them to anyone who has been in a car accident. If you've been in a car accident, give Garcia and Phan a call. You won't be disappointed.
Roxanne LewisRoxanne Lewis
17:02 01 Nov 22
Garcia and Phan were a great choice for me after my motorcycle accident. They were attentive and available, and they did a great job of fighting for me. I would recommend them to anyone who needs a personal injury lawyer.
Claire WilliamClaire William
19:02 21 Oct 22
If you're looking for a personal injury lawyer, you want someone who is going to fight for you and get you the compensation you deserve. Garcia and Phan did exactly that for me. I was in a motorcycle accident and contacted them for help. They were attentive, available, and honest with me about my case. I would recommend them to anyone who needs a personal injury lawyer.
john magarajohn magara
09:37 15 Oct 21
I strongly recommend Garcia & phan Law Firm; they helped us with my daughter’s personal injury case. whenever we interacted with an attorney there, they treated us with such consideration and professionalism. Mr. Phan seemed to care about our case as if we were in his own family. He is genuine, thoughtful, responsive and always on the ball. You will certainly be in the best hands with this law firm.
Penny PalomaresPenny Palomares
22:57 09 Jun 21
We have been waiting over a year to hear about my husbands case. Left several messages.Finally had mediation today; this is an of Juan’s expertise areas.Seems our insurance company isn’t as customer friendly has we were lead to believe. Juan came through under tough circumstances. I’m glad we stuck it out with him. Hopefully we can all put this behind us.
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What Are The Requirements Of The
I-140 Petition?

There Are Three Basic Requirements To The I-140 Petition.

Valid Employment Offer

The employer must show that there is a valid job offer with a company in good standing. Documents to show this include an employer offer letter and some information about the work of the company.

Employer Is Financially Able To Pay Salary

The salary is based on the Prevailing Wage Determination from the U.S. Department of Labor so the employer will need to include financial records to show it is able to meet the salary requirements.

Employee Is Qualified For The Position Offered

Depending the visa category being sought, appropriate documentary evidence is provided.

Category Description Example of Evidence
EB1
People with extraordinary ability. Must be able to establish national or international acclaim in your field.
Awards, Membership in Professional Organizations, Publications, Mentions in Media and Press
EB2
People with advanced degrees or extraordinary ability in their field.

National Interest Waiver – A showing that work in field is of great importance to the United States
Diplomas, Certifications, Letters of Recommendations, Awards, Publications, Mentions in Media and Press
EB3
Skilled Workers – People with at least two (2) years of experience in their field.

Professionals – People who are licensed or certified in a particular field and will be working in that field.

Unskilled Workers – All other workers.
Resume or CV, Letters from Prior Employers, Professional Degrees or Certification, Employment Contract

Client Reviews

Mary MasseyMary Massey
03:25 02 Nov 22
Garcia and Phan Personal Injury Lawyers are great at what they do. They helped me after my car accident and got me the money I needed to get my life back on track. Garcia and Phan are great at what they do. They helped me after my car accident and got me the money I needed to get my life back on track. I would highly recommend them to anyone who has been in a car accident. If you've been in a car accident, give Garcia and Phan a call. You won't be disappointed.
Roxanne LewisRoxanne Lewis
17:02 01 Nov 22
Garcia and Phan were a great choice for me after my motorcycle accident. They were attentive and available, and they did a great job of fighting for me. I would recommend them to anyone who needs a personal injury lawyer.
Claire WilliamClaire William
19:02 21 Oct 22
If you're looking for a personal injury lawyer, you want someone who is going to fight for you and get you the compensation you deserve. Garcia and Phan did exactly that for me. I was in a motorcycle accident and contacted them for help. They were attentive, available, and honest with me about my case. I would recommend them to anyone who needs a personal injury lawyer.
john magarajohn magara
09:37 15 Oct 21
I strongly recommend Garcia & phan Law Firm; they helped us with my daughter’s personal injury case. whenever we interacted with an attorney there, they treated us with such consideration and professionalism. Mr. Phan seemed to care about our case as if we were in his own family. He is genuine, thoughtful, responsive and always on the ball. You will certainly be in the best hands with this law firm.
Penny PalomaresPenny Palomares
22:57 09 Jun 21
We have been waiting over a year to hear about my husbands case. Left several messages.Finally had mediation today; this is an of Juan’s expertise areas.Seems our insurance company isn’t as customer friendly has we were lead to believe. Juan came through under tough circumstances. I’m glad we stuck it out with him. Hopefully we can all put this behind us.
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