The i-140 Form: Your Guide to Employment-Based Immigration Benefits

Aug 23, 2022 | Immigration Status

The i-140 form is used to apply for several different employment-based immigration benefits. If you are looking to come to the United States to work and you meet one of the three qualifications listed above, then the i-140 form may be a good option for you. In this blog post, we will discuss what each of these qualifications means and how you can go about filing an i-140 form with the United States Citizenship and Immigration Services (USCIS), ideally with the help of an experienced attorney at Puntier Law.

The i-140 is used for employment-based immigration benefits

The i-140 form is used to apply for employment-based immigration benefits. If you have extraordinary abilities, are a skilled worker, or are an advanced degree professional, then you may be eligible for certain immigration benefits.

You may qualify based on your talents

If you have extraordinary abilities, this means that you possess rare talents or abilities that make you stand out from other immigrants who are applying for the same benefits. To qualify as someone with extraordinary abilities, you must be able to demonstrate that you have received national or international acclaim in your field of expertise.

You can qualify based on your skills and training

If you are a skilled worker, this means that you have a job offer from a U.S. employer in a position that requires at least two years of training or experience to perform. To be considered a skilled worker, your job must also fall under one of the following categories: professional occupations, certain technical occupations, or unskilled occupations that require less than two years of training or experience.

Your education can also qualify you

Lastly, if you are an advanced degree professional, this means that you have earned a professional degree beyond a Bachelor’s degree or that you have a Bachelor’s degree plus at least five years of progressive work experience in your field. A famous example of this is Albert Einstein, who came to the United States as an advanced degree professional. He emigrated to America to take the position of Professor of Theoretical Physics at Princeton and eventually became a United States citizen in 1940

Filing your i-140 form

If you believe that you qualify for employment-based immigration benefits, the next step is to file your i-140 form with USCIS, along with any supporting documentation. The i-140 form can be a complex and confusing document, so it is often best to seek out the help of an experienced attorney before filing.

You will need to prove your qualifications

Your documentation should include evidence of your qualifications and a job offer from a U.S. employer. The documents have to meet specific requirements to be admissible in your application.

It can take USCIS up to six months to process your i-140 form, but processing times can vary depending on the service center where you file your application.

You can pack your bags when your form is approved

Once your i-140 form is approved, you will be one step closer to obtaining employment-based immigration benefits and coming to the United States to work. You can make your travel arrangements when you receive your i-140 approval notice.

Make sure you explore all of your options before you apply

At Puntier Law, we have a team of experienced immigration attorneys who can help you with every step of the i-140 process. When you contact us, the first thing you can expect us to do is to review your eligibility for these benefits and any others you may not have considered. For example, you may qualify for benefits based on employment, but you may also qualify for other immigration benefits such as family petition, asylum, and others that may provide you with greater chances of a green card and even citizenship. We will discuss all of your options with and come up with a plan of action that suits you best. Contact us today to learn more about how we can help you.


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