How to Petition an Alien Worker for a Green Card in the US?

You have the ambition to work in the US and thereby settle in the US! Well, you can fulfill your ambition by following the right path. You can sponsor a foreign national and allow him to attain his permanent residency as an employer,for which you have to file a petition. The petition filed is Form I-140 which is the Immigration Petition for Alien worker.

Most people obtain green cards either through family based or through employment. Basically getting a green card has the possibility of having permanent employment in the US. One such method is by filing the immigration petition where an employer is required to sponsor. There are few others where the employer is not required to sponsor.

Who should file form I-140:

The form I-140, Petition for Alien Worker can be filed by the US employer for

  • The outstanding researcher or professor who has at least three years of experience in the field of education establishing himself in research and teaching which have achieved accomplishments in the academic field
  • An alien who has achieved executive position in the firm for at least one year and wishes to render services to the same
  • An alien who has extraordinary skills which will benefit the economy of the US thereby helping in the welfare of the US as well.
  • A skilled worker with at least two years experience in the respective skill and to perform labor for the qualified workers.
  • An unskilled worker with less than two years of specialized training and to perform labor for the qualified workers
  • A member of professions with degree of baccalaureate (preaching)

Sponsoring a green card with respect to job offer will entitle one to get a permanent job in the future after getting the green card. So it is not necessary that the beneficiary has to work presently for the employer in order to sponsor the green card. Before filing the form I-140,the employer must file for the labor certification with the Department of labor,which certifies that no US workers are qualified or willing to work for which the alien will do for them. After approval of the labor certification,the immigration petition is filed by the employer. Form I-140 and Form I-485 can be concurrently filed if the priority date is current .The Department of State gives immigration visa number only when the priority date is current. The priority date is the date the Department of labor receives the application in cases if the application is based on the labor certification. The non immigrant status of the applicant does not change though the I-140 is approved.

The Evidence documents include the completed Form I-140, approved labor certification,evidence that the employer is able to pay the wages like the annual reports, bank account records etc, job experience letters from the employers and other documents proving the qualification of the job should also be submitted.

Getting the employment based green card is not an easy job. The foreign worker himself cannot file Form I-140. Submission of the falsified documents along with the application will lead to crime and the application will be denied and worst cases the applicant will be deported.

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