Understanding The Eligibility Requirements Of Form I-140

Who is the beneficiary in Form I-140 application ? In the context of a Form I-140 application, the beneficiary refers to the individual for ...

Who is the beneficiary in Form I-140 application?

In the context of a Form I-140 application, the beneficiary refers to the individual for whom the petition is being filed. The beneficiary is the foreign worker seeking permanent residency (Green Card) based on employment in the United States. The I-140 petition is filed by the U.S. employer (or prospective employer) on behalf of the beneficiary, and it is the first step in the employment-based immigration process to obtain a Green Card.

The beneficiary is the principal applicant in the I-140 petition, and the petition is specific to that individual. The employer, as the petitioner, is responsible for providing evidence and documentation to demonstrate that the beneficiary meets the eligibility requirements for the chosen employment-based immigration category.

The beneficiary's eligibility for the I-140 petition depends on various factors, such as their qualifications, work experience, and the nature of the job being offered in the U.S. The specific employment category (e.g., EB-1, EB-2, EB-3, etc.) determines the criteria the beneficiary must meet to qualify for the petition.

If the I-140 petition is approved, the beneficiary becomes eligible to proceed with the next steps of the Green Card process, either through adjustment of status if they are already in the U.S. or through consular processing if they are outside the U.S. The approval of Form I-140 does not grant the Green Card itself but establishes the beneficiary's eligibility to pursue permanent residency in the U.S. based on employment.

How long does it take to get Form I-140 approved?

The processing time for Form I-140, Immigrant Petition for Alien Worker, can vary significantly depending on several factors. As of my last update in September 2021, USCIS processing times for I-140 petitions ranged from several months to over a year. However, it's important to note that processing times are subject to change based on workload, changes in USCIS policies, and other factors.

The processing time for Form I-140 can be influenced by the following factors:

• USCIS Workload: The volume of I-140 petitions received by USCIS at any given time can affect processing times. High caseloads may result in longer processing times.
• Priority Date: Some employment-based categories have numerical limits, and the availability of visa numbers can impact processing times. The priority date, which is the date USCIS receives the I-140 petition, establishes the beneficiary's place in the visa queue.
• Premium Processing: If premium processing service is available for the specific employment category, the petitioner may choose to pay an additional fee to expedite the processing of the I-140 petition. Premium processing aims to provide a decision within 15 calendar days.
• Request for Evidence (RFE): If USCIS requires additional information or evidence to make a decision on the I-140 petition, they will issue a Request for Evidence. Responding to an RFE can extend the processing time.
• Administrative Backlogs or Delays: Administrative backlogs or other processing delays within USCIS can also impact the overall processing time.

To get the most accurate and up-to-date information on I-140 processing times, you can check the USCIS website's "Check Processing Times" tool or contact USCIS directly. It's essential to be patient during the processing period and avoid making inquiries to USCIS unless the processing time has significantly exceeded the average processing times for that particular service center or category.

Do I need an employer to file Form I-140? 

Yes, you typically need an employer to file Form I-140, Immigrant Petition for Alien Worker. Form I-140 is an employment-based immigration petition, and it must be filed by a U.S. employer (or a prospective employer) on behalf of a foreign worker whom they intend to hire for a permanent job position in the United States.

The employer acts as the petitioner in the I-140 process, and the foreign worker is the beneficiary. The employer is responsible for providing evidence and documentation to demonstrate that the foreign worker meets the eligibility requirements for the chosen employment-based immigration category (such as EB-1, EB-2, EB-3, etc.).

The I-140 petition is specific to the employer and the foreign worker. The employer must show that they have a genuine job offer for the foreign worker, and the position offered meets the necessary requirements for the chosen employment category. Additionally, the employer may need to demonstrate that there are no qualified U.S. workers available to fill the position, especially in certain employment categories that require a labor certification process.

As the foreign worker, you cannot file Form I-140 on your own behalf. You must have a qualifying U.S. employer who is willing to sponsor you for permanent residency through the I-140 process. Once the I-140 petition is approved, you may move forward with the final step of the Green Card process, either through adjustment of status if you are already in the U.S. or through consular processing if you are outside the U.S.

It is essential to work closely with your prospective employer and, if necessary, an experienced immigration attorney to navigate the I-140 petition process successfully and ensure that all required documentation is accurately provided.

How much are Form I-140 fees?

The filing fee for Form I-140, Immigrant Petition for Alien Worker, was $700 USD. However, please note that USCIS filing fees can change over time, and it is essential to verify the current fee with the U.S. Citizenship and Immigration Services (USCIS) at the time of filing.

Additionally, there may be other fees associated with the I-140 petition process, such as the cost of obtaining a labor certification (Form ETA-9089) from the U.S. Department of Labor (if required) or fees for premium processing service, if eligible and chosen.

If premium processing service is available for Form I-140, the additional fee for premium processing was $2,500 USD as of my last update. This fee allows for expedited processing of the petition within 15 calendar days.

For the most up-to-date information on Form I-140 fees and any associated costs, it is essential to check the USCIS website or consult with an immigration attorney. USCIS regularly updates its fee schedule, so it is crucial to ensure that you have the most current information before submitting your petition.