What is the role of U.S. Immigration Form I-140?

Imagility
2 min readJun 21, 2021

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Submitting Form I-140 means the beginning of an expression of immigration intent to the U.S. government by an alien or U.S. employer for an alien. Only the U.S. Immigration and Immigration Department approves the I-140 immigration application form, indicating that the U.S. government consents to the immigration of foreign nationals to the U.S., but that does not mean that the I-140 application will eventually be granted green card status. This shows I-140 approved.

The first priority EB-1A outstanding talent immigration and the second priority NIW national interest exemption immigrants submit I-140 applications, indicating that the applicant basically meets the conditions for immigration to the United States and formally filed an immigration application with the U.S. government. The I-140 approved form submitted to the first priority EB-1B Distinguished Professor and Researcher or the first priority EB-1C multinational executive immigration indicates that the expat is basically eligible for immigration and is supported by his or her employer.

Filing perM’s second-priority I-140 application and PERM’s third-priority I-140 application begins by demonstrating approval from the U.S. Department of Labor, which obtains PERM labor paper approval, and at the same time demonstrating that your employer is willing to support an immigration application. If the employer’s signature I-140 approved, the foreigner must leave the employer for some reason and the foreign national must resubmit the green card application through the new employer, but the foreigner may take away the priority date on the earlier I-140 approval. Therefore, getting an early I-140 approval helps you get your green card early. Therefore, it is recommended that if you must leave your former employer, it is best to wait until the I-140 application is approved.

In addition, another important use of I-140 applications is to help foreign employees retain eligibility for extension after the expiration of H-1B visa after six years (H-1B maximum period is typically only six years). If an H-1B foreign employee submits or submits an I-140 form through his or her employer, whether the I-140 is still in the process of being approved, he/she may break the six-year limit and be extended to the seventh, eighth, ninth, tenth year, etc. until the final green card is obtained or the final green card is not obtained.

The I-140 application is the second step in the employment-based green card process. Once your PERM labor certificate is approved, your employer will submit form I-140 (called an alien worker immigration application) on your behalf.

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