The primary source document for filing an I-140 petition is the approved labor certification from the U.S. Department of Labor, which verifies that there are no qualified U.S. workers available for the intended position. In cases where the petition is based on a National Interest Waiver or certain extraordinary ability categories, the labor certification may be waived, and strong evidence supporting the petitioner's qualifications and eligibility becomes essential. Proper preparation and submission of these documentation components ensure the petition meets USCIS requirements for employment-based immigrant visa classification.
Overview of I-140 Petition Process
| Topic | Details |
|---|---|
| What Is the I-140 Petition? | The I-140, Immigrant Petition for Alien Worker, is a form filed by employers to sponsor foreign workers for permanent residency in the United States. |
| Purpose of the I-140 Petition | This petition demonstrates the employer's intent to hire the alien worker in a specific immigrant classification under U.S. immigration law. |
| Who Files the I-140? | The employer or the petitioner files the I-140 petition on behalf of the foreign worker. |
| Source Document for Filing | The primary source document used to file the I-140 petition is Form I-140, Immigrant Petition for Alien Worker, provided by U.S. Citizenship and Immigration Services (USCIS). |
| Supporting Documents Required | Evidence supporting eligibility includes labor certification (PERM), proof of the employer's ability to pay, and documentation of the worker's qualifications. |
| Filing Process Overview | The employer completes Form I-140, attaches supporting evidence, and submits it to USCIS with the appropriate filing fee. |
| Processing Times | Processing times vary from several months up to a year depending on the service center and petition category. |
| Next Steps After Approval | Once approved, workers may apply for adjustment of status or consular processing to obtain lawful permanent resident status. |
Importance of Source Documentation
The source document for filing an I-140 petition is primarily the approved labor certification from the Department of Labor or evidence of a national interest waiver if applicable. Importance of source documentation lies in its ability to prove eligibility, job offer legitimacy, and compliance with immigration requirements. Your submission must be accurate and complete to avoid delays or denials in the petition process.
Required Personal Identification Documents
The source document for filing an I-140 petition primarily includes your personal identification documents. These documents serve to verify your identity and eligibility for the immigrant petition process.
Required personal identification documents typically include a valid passport, birth certificate, and any government-issued photo IDs. Providing accurate and authentic identification ensures the petition is processed without delays or complications.
Educational Credential Evidence
The source document for filing an I-140 petition includes Educational Credential Evidence to verify qualifications. This evidence typically consists of diplomas, transcripts, or evaluation reports from recognized institutions. You must provide these documents to demonstrate that the educational requirements for the immigration petition are met.
Employment Verification Letters
The source document for filing an I-140 petition often includes employment verification letters as crucial evidence supporting the beneficiary's qualifications. These letters validate past and current employment details, confirming job titles, duties, and work duration to meet USCIS requirements.
- Purpose - Employment verification letters confirm the beneficiary's job history and professional experience necessary for the I-140 petition.
- Content Requirements - Each letter must specify the employer's name, job position, employment dates, and a detailed description of job responsibilities.
- Authenticity - Letters should be printed on official company letterhead and signed by authorized personnel to ensure credibility with USCIS.
Proof of Employer’s Financial Ability
What is the source document for filing an I-140 petition regarding proof of employer's financial ability? The primary document used to establish your employer's financial capability is the company's tax returns, usually for the most recent three years. These documents demonstrate the employer's income, expenses, and net profit, confirming the ability to pay the offered wage.
Supporting Documentation for Eligibility Category
The source document for filing an I-140 petition varies based on the eligibility category selected. Supporting documentation must clearly establish eligibility under the specific classification, such as EB-1, EB-2, or EB-3.
For an EB-1 petition, evidence includes proof of extraordinary ability, outstanding professor or researcher credentials, or multinational executive status. EB-2 filings require documentation of advanced degrees, exceptional ability, or a National Interest Waiver approval. EB-3 petitions involve proof of skilled work experience, professional qualifications, or other relevant criteria. Ensuring all supporting materials align with the eligibility category is critical for petition approval.
English Translation Requirements
The source document for filing an I-140 petition must include accurate English translations if the original documents are in a foreign language. Proper translation ensures USCIS can fully understand and verify the submitted evidence.
- Requirement for Complete Translation - Every foreign language document must be accompanied by a complete English translation to avoid petition delays or denials.
- Translator Certification - The translator must certify that the translation is complete and accurate, including their name and signature.
- Impact on Petition Processing - Failure to provide proper English translations can lead to Requests for Evidence (RFEs) or outright rejection of the I-140 petition.
Document Authentication and Certification
The source document for filing an I-140 petition is typically the employer's official verification of the foreign worker's job offer and qualifications. This may include labor certification from the Department of Labor and supporting evidence such as educational degrees and work experience letters.
Document authentication and certification ensure the validity and credibility of these critical documents. Certified copies, notarized documents, and apostilles may be required to verify authenticity and comply with U.S. Citizenship and Immigration Services (USCIS) standards.
What Is the Source Document for Filing an I-140 Petition? Infographic
