Mark A Ivener, A Law Corporation

USCIS Releases Tips on Filing I-140 Immigrant Petition for Alien Worker

On January 21, 2010, U.S. Citizenship and Immigration Services (USCIS) released a Q&A on ways to ensure that an Immigrant Petition for Alien Worker (Form I-140) will not be rejected.

Some tips include:

  • Use the most current edition of the form, although older editions may be accepted.
  • Make sure you follow the instructions carefully regarding which location to file your I-140 petition.
  • Select only one visa preference category in Part 2 of the I-140. (USCIS will reject the I-140 petition if Part 2 is left blank or if more than one visa preference category is selected in Part 2.)
  • Respond to all questions and provide information in all of the “answer” and “check” boxes. Write “none” or “n/a” in an answer box if a question does not apply to you.
  • Print or type information using black ink only. Do not “highlight” or “background shade” your entries.
  • Make sure the petitioner signs the I-140.
  • Include the correct fee specified in the form instructions. If you file the petition with other related applications for the beneficiary, attach the fee to the petition by paper clip or staple, and indicate the name of the applicant on the payment document (i.e., in the memo field).
  • Submit one check per application. If more than one petition or application is filed using a single check, and any of the forms are found to be improperly filed, all forms will be rejected.
  • Submit Form G-28, Notice of Entry of Appearance as Attorney or Representative, if applicable (with original signatures of both the representative and the applicant or petitioner).
  • For petitions that are filed electronically, send the supporting documentation to the address identified in the directions for e-filing Do not submit any other paper-filed applications or petitions with the supporting documentation for the electronically filed I-140.

Other questions and answers include what to do if an incorrect visa category is selected in Part 2; what to do if the petitioner wants to request consideration of multiple visa categories on behalf of a worker; how to file an I-140 that requires a Department of Labor-approved labor certification; and how to organize the evidence with the I-140 petition.
The memo also includes tips for various types of I-140s, such as aliens of extraordinary ability; outstanding professors or researchers; multinational executives or managers; aliens of exceptional ability; members of the professions holding an advanced degree; and national interest waivers.

Among other things, the memo discusses how a successor employer can establish a successor-in-interest relationship with a predecessor employer in order to use that employer’s approved labor certification when filing an I-140 on behalf of the beneficiary named on the labor certification; and tips on “porting” to a different employer if a beneficiary’s I-140 is still pending.

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.