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Previously we examined the first step in obtaining permanent resident status (Green Card status) through employment – completing the PERM Labor Certification Process. The second step in acquiring a green card through employment is filing form I-140 or Petition for Immigrant Worker. The I-140 is a multifaceted document which contains several criteria. A successful I-140 would contain:

• Legible copies of originals for USCIS records
• Translations of any documents not in English
• All required forms of evidence – (as highlighted in the following section)

How to Fill Out Form I-140

The I-140 applies to all individuals who had to originally filed for PERM using form ETA 9089 (link to precious article). There are several classifications for eligibility for filing form I-140. The following will list each classification and the evidence it requires but remember each require a previously filed ETA 9089:

1) A U.S. employer (or any third party) filing for a member of the professions with an advanced degree or a person with exceptional ability in the sciences, art, or business. This category requires different documentation which is listed below:

(A) official academic record showing alien possesses baccalaureate degree or equivalent foreign degree; OR (B) official academic record showing alien possesses baccalaureate degree or equivalent foreign degree AND letters from former/current employers stating that alien has 5 years post baccalaureate experience in the specialty; OR
(C) three of the following:

• Official academic record showing degree, diploma or award in the specific area
• Letters from employers demonstrating 10 years experience in the occupation being sought
• License to practice profession OR certification for a profession/occupation
• Evidence that salary has been given OR other remunerations that demonstrate exceptional ability
• Evidence in professional associations
• Evidence of recognition for achievements/ contributions to the industry by peers, governmental entities, or professional or business organizations

2) A U.S. employer filing for a professional:
• A labor certification
• Official academic record showing alien possesses baccalaureate degree or equivalent foreign degree; AND
• Evidence that baccalaureate degree is required for entry into the field

3) A U.S. employer filing for a skilled worker.
• A labor certification
• Evidence that the alien meets educational, training or experience and any other requirements of the labor certification (the minimum requirement is 2 years of training or experience)

4) A U.S. employer filing for an unskilled worker.
• A labor certification
• Evidence that the beneficiary meets any education, training, or experience requirements required in the labor certification
General Requirements and Filing Fee of Form I-140
Besides the previously filed PERM labor certification (link to PERM page), form I-140 also requires that all petitions which require job offers must produce evidence that U.S. employer has the ability to pay the actual wage. Also, petitions must include a filing fee of $580.00 made payable by either check or money order to U.S. Department of Homeland Security.

Fairfax I-140 Attorney

Filing an I-140 can be a daunting task. The truth is there are plenty of opportunities to make logistical errors that could have been avoided. Its recommended you seek counsel with an attorney for two reasons. First, to avoid careless mistakes – experience does count for something and it could mean the difference between a successful and unsuccessful petition. Second, consulting with an attorney can help your situation, a knowledgeable attorney could know how to quantify your experience to help you get the best results possible – presentation is important.