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I-140 Application Form

I-140 Immigrant Petition for Alien Workers

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Information About the Person or Organization Filing This Petition
Name
Mailing Address
Are you a nonprofit organized as tax exempt or a governmental research organization?
Do you currently employ a total of 25 or fewer full-time equivalent employees in the United States, including all affiliates or subsidiaries of this company/organization?
Petition Type
This petition is being filed for
Information About the Person for Whom You Are Filing
Name
Other Information
Information About His or Her Last Arrival in the United States

If the person for whom you are filing is in the United States, provide the following information

Processing Information
Mailing Address
Are you filing any other petitions or applications with this
Is the person for whom you are filing in removal proceedings?
Has any immigrant visa petition ever been filed by or on behalf of this person?
Are you filing this petition without an original labor certification because the original labor certification was previously submitted in support of another Form I-140?
If you are filing this petition without an original labor certification, are you requesting that U.S. Citizenship and Immigration Services (USCIS) request a duplicate labor certification from the Department of Labor (DOL)?
Additional Information About the Petitioner
Type of petitioner
Basic Information About the Proposed Employment
Is this a full-time position?
Is this a permanent position?
Is this a new position?
Worksite Location
Information About the Spouse and All Children of the Person for Whom You Are Filing
Person 1
Name
Is he or she applying for adjustment of status?
Is he or she applying for a visa abroad?
Person 2
Name
Is he or she applying for adjustment of status?
Is he or she applying for a visa abroad?

Petitioner or Authorized Signatory's Contact Information

Interpreter's Full Name
Interpreter's Contact Information
Preparer's Full Name
Preparer's Contact Information
General Requirements

In general, your evidence, including that of your education or experience, must establish your eligibility as of the priority date of your petition. The priority date is when your employer filed Form ETA 9089, Application for Permanent Employment Certification or, if you are filing under a classification that does not require labor certification, when you file your petition.

Did you provide the following?

  • An original certified Form ETA 9089, Application for Permanent Employment Certification (PDF), also referred to as a labor certification, for petitions seeking to classify the beneficiary as a:
    • Member of the professions holding an advanced degree or person of exceptional ability in the sciences, arts, or business;
    • Professional;
    • Skilled worker; or
    • Unskilled (other) worker;
  • An original certified Form ETA 9089, Application for Permanent Employment Certification (PDF), also referred to as a labor certification, if you are seeking to classify the beneficiary as a professional athlete with exceptional ability; and
  • Proof you can pay the beneficiary the offered wage from the priority date until they become a permanent resident in the case of:
    • E-12, Outstanding Professors and Researchers;
    • E-13, Certain Multinational Executives and Managers;
    • E-21, Members of the Professions Holding an Advanced Degree or Aliens of Exceptional Ability (except for national interest waivers);
    • E-32, Professionals;
    • E-31, Skilled Workers; and
    • EW-3, Unskilled (Other) Workers.

For more information on demonstrating your ability to pay, see the USCIS Policy Manual.

  • Evidence related to qualifying experience or training should be in the form of letter(s) from current or former employer(s) or trainer(s) and should include the name, address, and title of the writer, and a specific description of the duties the beneficiary performed or the training they received.

If such evidence is unavailable, you may submit other documentation relating to your experience or training.

E-11 Person with Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics

Did you provide the following?

  • Evidence the person is coming to the United States to continue work in the area of expertise; and
  • Evidence the person has sustained national or international acclaim, and the achievements are recognized in the field of expertise. This evidence should include:
    • Evidence of a one-time achievement (that is, a major, internationally recognized award); or
    • At least three of the following:
      • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
      • Membership in associations in the field, which require outstanding achievements as judged by recognized national or international experts;
      • Published material about the person in professional or major trade publications or other major media;
      • Participation on a panel or individually as a judge of others’ work in the field or a related field;
      • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
      • Authorship of scholarly articles in the field in professional or major trade publications or other major media;
      • Display of the person’s work at artistic exhibitions or showcases;
      • Evidence the person has performed in a leading or critical role for organizations or establishments that have distinguished reputations;
      • Evidence the person has commanded a high salary or other significantly high pay for services; or
      • Evidence of commercial successes in the performing arts as shown by box office receipts or music or video sales.

If the above standards do not readily apply to the person’s occupation, you may submit comparable evidence.

For more information on Extraordinary Ability Classification, see the USCIS Policy Manual.

U.S. Employer Filing for an E-12 Outstanding Professor or Researcher

Did you provide the following?

  • Evidence the beneficiary has at least three years of experience in teaching and/or research in the academic field;
  • If you are a university or other institution of higher education, an offer of employment in the form of a letter indicating that you intend to employ the beneficiary a tenured or tenure-track position as a professor or in a permanent position as a researcher in the beneficiary’s academic field
  • If you are a department, division, or institute of a private employer:
    • An offer of employment in the form of a letter indicating you intend to employ the foreign national in a permanent research position in the beneficiary’s academic field;
    • Evidence you employ at least three full-time researchers (other than the beneficiary); and
    • Evidence you have achieved documented accomplishments in an academic field.
  • Evidence the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Include at least two of the following:
    • Receipt of major prizes or awards for outstanding achievement in the academic field;
    • Membership in associations in the academic field that require outstanding achievements of their members;
    • Published material in professional publications written by others about the beneficiary’s work in the academic field;
    • Participation on a panel or individually as the judge of others’ work in the same or a related academic field;
    • Original scientific or scholarly research contributions to the academic field; or
    • Authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

If the above standards do not readily apply to the beneficiary’s occupation, you may submit comparable evidence.

For more information on Outstanding Professors and Researchers, see the USCIS Policy Manual.

U.S. Employer Filing for an E-13 Multinational Executive or Manager

Did you provide the following?

  • A statement from you or an authorized official demonstrating that:
    • The beneficiary has been employed as an executive or manager abroad by a qualifying related entity for at least one year in the three-year period before filing Form I-140 or the most recent nonimmigrant admission in an executive or managerial capacity;
    • You have been doing business in the U.S. for at least one year;
    • You have the ability to pay the beneficiary’s salary;
    • A qualifying related entity abroad currently continues to do business; and
    • The beneficiary will work in the United States in a managerial or executive capacity. You should include a description of the duties they will perform.
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