Immigrant Petition for Alien Workers

OMB No. 1615-0015; Exp. 10/31/08

Instructions for I-140, Immigrant
Petition for Alien Worker

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.

What Is the Purpose of This Form?
This form is used to petition U.S. Citizenship and Immigration
Services (USCIS) for an immigrant visa based on
employment.

Who May File This Form I-140?
A U.S. employer may file this petition for:
1. An outstanding professor or researcher, with at least three
years of experience in teaching or research in the academic
area, who is recognized internationally as outstanding:
A. In a tenured or tenure-track position at a university or
institution of higher education to teach in the academic
area; or
B. In a comparable position at a university or institution of
higher education to conduct research in the area; or
C. In a comparable position to conduct research for a
private employer that employs at least three persons in
full-time research activities and which achieved
documented accomplishments in an academic field.
2. An alien who, in the three years preceding the filing of this
petition, has been employed for at least one year by a firm
or corporation or other legal entity and who seeks to enter
the United States to continue to render services to the same
employer, or to a subsidiary or affiliate, in a capacity that is
managerial or executive.
3. A member of the professions holding an advanced degree
or an alien with exceptional ability in the sciences, arts, or
business who will substantially benefit the national
economy, cultural or educational interests, or welfare of the
United States.
4. A skilled worker (requiring at least two years of
specialized training or experience in the skill) to perform
labor for which qualified workers are not available in the
United States.
5. A member of the professions with a baccalaureate degree.

6. An unskilled worker (requiring less than two years of
specialized training or experience) to perform labor for
which qualified workers are not available in the United
States.
In addition, a person may file this petition on his or her own
behalf if he or she:
1. Has extraordinary ability in the sciences, arts, education,
business, or athletics demonstrated by sustained national or
international acclaim, whose achievements have been
recognized in the field; or
2. Is a member of the profession holding an advanced degree
or is claiming exceptional ability in the sciences, arts, or
business, and is seeking an exemption of the requirement of
a job offer in the national interest (NIW).

General Instructions
Step 1. Fill Out the Form I-140
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."

Step 2. General requirements
Initial Evidence.
1. If you are filing for an alien of extraordinary ability in
the sciences, arts, education, business or athletics:
You must file your petition with evidence that the alien has
sustained national or international acclaim and that the
achievements have been recognized in the field of
expertise.
A. Evidence of a one-time achievement (i.e., a major,
internationally recognized award); or
Form I-140 Instructions (Rev. 05/16/08) Y

B. At least three of the following:

specified in the petition. Such evidence shall consist of
at least two of the following:

1. Receipt of lesser nationally or internationally
recognized prizes or awards for excellence in the
field of endeavor;

1. Receipt of major prizes or awards for outstanding
achievement in the academic field;

2. Membership in associations in the field which
require outstanding achievements as judged by
recognized national or international experts;

2. Membership in associations in the academic field,
which require outstanding achievements of their
members;

3. Published material about the alien in professional or
major trade publications or other major media;

3. Published material in professional publications
written by others about the alien's work in the
academic field;

4. Participation on a panel or individually as a judge of
the work of others in the field or an allied field;
5. Original scientific, scholarly, artistic, athletic, or
business-related contributions of major significance
in the field;
6. Authorship of scholarly articles in the field, in
professional or major trade publications or other
major media;
7. Display of the alien's work at artistic exhibitions or
showcases;
8. Evidence that the alien has performed in a leading
or critical role for organizations or establishments
that have distinguished reputations;
9. Evidence that the alien has commanded a high
salary or other high remuneration for services;
10. Evidence of commercial successes in the
performing arts, as shown by box office receipts or
record, casette, compact disk, or video sales.
C. If the above standards do not readily apply to the
alien's occupation, you may submit comparable
evidence to establish the alien's eligibility; and
D. Evidence that the alien is coming to the United States
to continue work in the area of expertise. Such
evidence may include letter(s) from prospective
employer(s), evidence of prearranged commitments
such as contracts, or a statement from the alien
detailing plans on how he or she intends to continue
work in the United States.
2. A U.S. employer filing for an outstanding professor or
researcher must file the petition with:
A. Evidence that the professor or researcher is recognized
internationally as outstanding in the academic field

4. Participation on a panel, or individually, as the
judge of the work of others in the same or an allied
academic field;
5. Original scientific or scholarly research
contributions to the academic field; or
6. Authorship of scholarly books or articles, in
scholarly journals with international circulation, in
the academic field.
B. Evidence the beneficiary has at least three years of
experience in teaching and/or research in the academic
field; and
C. If you are a university or other institution of higher
education, a letter indicating that you intend to employ
the beneficiary in a tenured or tenure-track position as
a teacher or in a permanent position as a researcher in
the academic field; or
D. If you are a private employer, a letter indicating that you
intend to employ the beneficiary in a permanent research
position in the academic field, and evidence that you
employ at least three full-time researchers and have
achieved documented accomplishments in the field.
3. A U.S. employer filing for a multinational executive or
manager must file the petition with a statement which
demonstrates that:
A. If the worker is now employed outside the United
States, that he or she has been employed outside the
United States for at least one year in the past three
years in an executive or managerial capacity by the
petitioner or by its parent, branch, subsidiary or
affiliate; or, if the worker is already employed in the
United States, that he or she was employed outside the
United States for at least one year in the three years
preceding admission as a nonimmigrant in an executive
or managerial capacity by the petitioner or by its
parent, branch, subsidiary or affiliate;
Form I-140 Instructions (Rev. 05/16/08) Y Page 2

B. The prospective employer in the United States is the
same employer or a subsidiary or affiliate of the firm or
corporation or other legal entity by which the alien was
employed abroad;
C. The prospective United States employer has been
doing business for at least one year; and
D. The alien is to be employed in the United States in a
managerial or executive capacity. A description of the
duties to be performed should be included.
4. A U.S. employer filing for a member of the professions
with an advanced degree or a person with exceptional
ability in the sciences, arts or business must file the
petition with:
A. A labor certification (see General Evidence), or a
request for a waiver of a job offer because the
employment is deemed to be in the national interest,
with documentation provided to show that the
beneficiary's presence in the United States would be in
the national interest; and either:
1. An official academic record showing that the alien
has a U.S. advanced degree or an equivalent foreign
degree, or an official academic record showing that
the alien has a U.S. baccalaureate degree or an
equivalent foreign degree and letters from current or
former employers showing that the alien has at least
five years of progressive post- baccalaureate
experience in the specialty; or
2. At least three of the following:
a. An official academic record showing that the
alien has a degree, diploma, certificate, or similar
award from an institution of learning relating to
the area of exceptional ability;
b. Letters from current or former employers
showing that the alien has at least ten years of
full-time experience in the occupation for which
he or she is being sought;
c. A license to practice the profession or
certification for a particular profession or
occupation;
d. Evidence that the alien has commanded a salary,
or other remuneration for services, which
demonstrates exceptional ability;
e. Evidence of membership in professional
associations; or

f. Evidence of recognition for achievements and
significant contributions to the industry or field
by peers, governmental entities, or professional or
business organizations.
3. If the above standards do not readily apply to the
alien's occupation, you may submit comparable
evidence to establish the alien's eligibility.
5. A U.S. employer filing for a skilled worker must file the
petition with:
A. A labor certification (see General Evidence); and
B. Evidence that the alien meets the educational, training,
or experience and any other requirements of the labor
certification (the minimum requirement is two years of
training or experience).
6. A U.S. employer filing for a professional must file the
petition with:
A. A labor certification (see General Evidence);
B. Evidence that the alien holds a U.S. baccalaureate
degree or equivalent foreign degree; and
C. Evidence that a baccalaureate degree is required for
entry into the occupation.
7. A U.S. employer filing for an unskilled worker must file
the petition with:
A. A labor certification (see General Evidence); and
B. Evidence that the beneficiary meets any education,
training, or experience requirements required in the
labor certification.

General Evidence.
1. Labor certification.
Petitions for certain classifications must be filed with an
original individual labor certification from the U.S.
Department of Labor (DOL) or with documentation to
establish that the alien qualifies for one of the shortage
occupations designated in Group I or II of the DOL's
Schedule A. If an individual labor certification is required,
then the original individual labor certification must be
submitted with the petition, unless the original labor
certification has already been provided to USCIS in
support of a different petition.

Form I-140 Instructions (Rev. 05/16/08) Y Page 3

A labor certification establishes that there are insufficient
U.S. workers who are able, willing, qualified, and
available to fill the position being offered to the alien at the
time and place where the alien is to be employed, and that
the employment of the alien, if qualified, will not
adversely affect the wages and working conditions of
similarly employed U.S. workers. Application for labor
certification is currently made on Form ETA-9089. Labor
certification applications filed before March 28, 2005 were
filed on Form ETA-750. If the alien is to be employed in
a Schedule A, Group I or II shortage occupation, then you
may file a fully completed, uncertified Form ETA-9089 in
duplicate with your petition for determination by the
USCIS that the alien belongs to the shortage occupation.
See 20 CFR 656 or the DOL website, http://www.
foreignlaborcert.doleta.gov, for further information about
obtaining an individual labor certification or about
Schedule A, Group I or II shortage occupations.
NOTE: Individual labor certifications issued by the
Department of Labor must be submitted in the original,
unless the original labor certification has already been
provided to USCIS in support of a different petition.
2. Ability to pay wage.
Petitions which require job offers must be accompanied by
evidence that the prospective U.S. employer has the ability
to pay the proffered wage. Such evidence shall be in the
form of copies of annual reports, federal tax returns, or
audited financial statements.
In a case where the prospective U.S. employer employs
100 or more workers, a statement from a financial officer
of the organization which establishes ability to pay the
wage may be submitted. In appropriate cases, additional
evidence, such as profit/loss statements, bank account
records, or personnel records, may be submitted.

Translations. Any document containing foreign language
submitted to the Service shall be accompanied by a full
English language translation which the translator has certified
as complete and accurate, and by the translator's certification
that he or she is competent to translate from the foreign
language into English.

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.

NOTE: Individual labor certifications issued by the
Department of Labor must be submitted in the original, unless
the original labor certification has already been provided to
USCIS in support of a different petition.

Where To File?
Updated filing Address Information
The filing addresses provided on this form reflect the most
current information as of the date this form was last printed.
If you are filing Form I-140 more than 30 days after the latest
edition date shown in the lower right-hand corner, please visit
us online at www.uscis.gov before you file, and check the
Forms and Fees page to confirm the correct filing address and
version currently in use. Check the edition date located in the
lower right-hand corner of the form. If the edition date on
your Form I-140 matches the edition date listed for Form
I-140 on the online Forms and Fees page, your version is
current and will be accepted by USCIS. If the edition date on
the online version is later, download a copy and use the
online version. If you do not have Internet access, call
Customer Service at 1-800-375-5283 to verify the current
filing address and edition date. Improperly filed forms will
be rejected, and the fee returned, with instructions to
resubmit the entire filing using the current form
instructions.

Where to File
E-Filing Form I-140
Certain Form I-140 filings may be electronically filed (EFiled) with USCIS. Please view our website at www.uscis.
gov for a list of who is eligible to e-file this form and
instructions.

Premium Processing
If you are requesting Premium Processing Services for Form
I-140, you must also file Form I-907, Request for Premium
Processing Service. Send the Forms I-140 and I-907 together
to the address listed in the Form I-907 filing instructions.
NOTE: Before you file the I-907/I-140 package, please
check the Premium Processing Service page, a link to which
can be found on the “Services & Benefits” page, on the
USCIS website at www.uscis.gov to determine whether you
may request Premium Processing for the requested
classification.

Form I-140 Instructions (Rev. 05/16/08) Y Page 4

Premium Processing Service for a Form
I-140 that is Pending.
If you have already filed Form I-140, and you wish to request
Premium Processing Service, file Form I-907 with the Service
Center where Form I-140 is pending. See Form I-907 for
further instructions. Include a copy of Form I-797, Notice of
Action, or a copy of the transfer notice, if applicable, showing
the location of the relating petition. To ensure that Form I-907
is matched up with the pending Form I-140, you must fully
answer questions 1 through 5 in Part 2 of Form I-907. If this
information is not provided, Form I-907 will be rejected.

New Jersey, New Mexico, New York, North Carolina,
South Carolina, Oklahoma, Pennsylvania, Puerto Rico,
Rhode Island, Tennessee, Texas, Vermont, Virginia, U.S.
Virgin Islands or West Virginia.
For Form I-140 filed alone, or concurrently with Form I-485,
Application to Register Permanent Residence or Adjust Status,
mail your forms package to:
USCIS Texas Service Center
P.O. Box 852135
Mesquite, TX 75185

Processing Form I-140

Note on E-Filing

All Forms I-140 are filed either at the Nebraska Service
Center or the Texas Service Center, depending on the location
of the beneficiary's permanent employment. Before you file,
note the different filing addresses. Failure to follow these
instructions may result in your application or petition being
rejected, delayed, or denied.

If you are e-filing this application, it will automatically be
routed to the appropriate Service Center, and you will receive
a receipt indicating the location to which it was routed. This
location may not necessarily be the same center shown in the
filing addresses listed above. For e-filed applications, it is
very important to review your filing receipt and make specific
note of the receiving location. All further communication,
including submission of supporting documents, should be
directed to the receiving location indicated on your e-filing
receipt.

Nebraska Service Center Filings
File Form I-140 with the Nebraska Service Center if the
beneficiary will be employed permanently in:
Alaska, Arizona, California, Colorado, Guam, Hawaii,
Idaho, Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, Nevada, North
Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin or Wyoming.
For Form I-140 filed alone, mail the form to:
USCIS Nebraska Service Center
P.O. Box 87140
Lincoln, NE 68501-7140
For Form I-140 filed concurrently with Form I-485,
Application to Register Permanent Residence or Adjust Status,
mail your forms package to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

Texas Service Center Filings
File Form I-140 with the Texas Service Center if the
beneficiary will be employed permanently in:
Alabama, Arkansas, Connecticut, Delaware, the District of
Columbia, Florida, Georgia, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Mississippi, New Hampshire,

What Is the Filing Fee?
The filing fee for a Form I-140 is $475.00.
Use the following guidelines when you prepare your check or
money order for the Form I-140 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition there,
make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing your
petition there, make it payable to Commissioner of
Finance of the Virgin Islands.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
Form I-140 Instructions (Rev. 05/16/08) Y Page 5

account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct.
The form fee on this form is current as of the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:
1. Visit our website at www.uscis.gov, select "Immigration
Forms" and check the appropriate fee;
2. Review the Fee Schedule included in your form package, if
you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information
Any Form I-140 that is not signed or accompanied by the
correct fee, will be rejected with a notice that the Form
I-140 is deficient. You may correct the deficiency and
resubmit the Form I-140. An application or petition is not
considered properly filed until accepted by USCIS.

Initial processing. Once a Form I-140 has been accepted, it
will be checked for completeness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without required initial evidence, you will not
establish a basis for eligibility and we may deny your Form
I-140.
Requests for more information or interview. We may
request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.
Decision. The decision on a Form I-140 involves a
determination of whether you have established eligibility for
the requested benefit. You will be notified of the decision in
writing.
Meaning of petition approval. Approval of a petition
means you have established that the person you are filling for
is eligible for the requested classification.
This is the first step towards permanent residence. However,
this does not in itself grant permanent residence or
employment authorization. You will be given information
about the requirements for the person to receive an immigrant
visa or to adjust status after your petition is approved.

Instructions for Industry and Occupation Codes.
NAICS Code. The North American Industry Classification
System (NAICS) code can be obtained from the U.S.
Department of Commerce, U.S. Census Bureau at (www.
census.gov/epcd/www/naics.html). Enter the code from left to
right, one digit in each of the six boxes. If you use a code
which is less than six digits, enter the code left to right and
then add zeros in the remaining unoccupied boxes.

Form I-140 Instructions (Rev. 05/16/08) Y Page 6

The code sequence 33466 would be entered as:

3

3

4

6

6

0

The code sequence 5133 would be entered as:

5

1

3

3

0

0

SOC Code. The Standard Occupational Classification (SOC)
System codes can be obtained from the Department of Labor,
U.S. Bureau of Labor Statistics (http://stats.bls.gov/soc/
socguide.htm). Enter the code from left to right, one digit in
each of the six boxes. If you use a code which is less than six
digits, enter the code left to right and then add zeros in the
remaining unoccupied boxes.
The code sequence 19-1021 would be entered as:

1

9

1

0

2

1

The code sequence 15-100 would be entered as:

1

5

1

Penalties

0

0

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-140, we will
deny the Form Form I-140 and may deny any other
immigration benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-140.

0
Paperwork Reduction Act

USCIS Forms and Information
To order USCIS forms, call our toll-free number at 1-800870-3676. You can also get USCIS forms and information on
immigration laws, regulations and procedures by telephoning
our National Customer Service Center at 1-800-375-5283 or
visiting our Internet website at www.uscis.gov.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 60 minutes per
response, including the time for reviewing instructions,
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Management Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529.
OMB No. 1615-0015. Do not mail your application to this
address.

Form I-140 Instructions (Rev. 05/16/08) Y Page 7