Immigrant Petition for Alien Workers

Instructions for Petition for Alien Worker

USCIS
Form I-140

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For Production
Department of Homeland Security
U.S. Citizenship and Immigration Services (USCIS)

OMB No. 1615-0015
Expires 01/31/2013

What is the Purpose of This Form?

Form I-140 is used to petition U.S. Citizenship and Immigration Services (USCIS) for an immigrant visa based on
employment.

Who May File Form I-140?

A U.S. employer may file this petition for:
1. An outstanding professor or researcher with at least 3 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;
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 3 persons in full-time
research activities and which achieved documented accomplishments in an academic field.
2. An alien, who in the 3 years preceding the filing of this petition, has been employed in a primarily managerial or
executive capacity for at least 1 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 2 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 2 years of specialized training or experience) to perform labor for which
qualified workers are not available in the United States.
In addition, any employer, person, or third party may file this petition, including the alien beneficiary of the petition, if the
petition is being filed for:
1. An alien of extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained
national or international acclaim and whose achievements have been recognized in the field; or
2. 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, generally known as a
"National Interest Waiver" or "NIW."

General Instructions
Each petition must be properly signed and accompanied by the appropriate fee. (See "What Is the Filing Fee?" section of
these instructions.) A photocopy of a signed petition or a typewritten name in place of a signature is not acceptable.
If you are under 14 years of age, your parent or guardian may sign the petition on your behalf.
Evidence. You must submit all required initial evidence along with all the supporting documentation with your petition at
the time of filing. If you are electronically filing this petition, you must follow the instructions provided on the USCIS
Web site, www.uscis.gov.

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Copies. Unless specifically required that an original document be filed with an application or petition, a legible
photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will
not automatically be returned to you.
Translations. Any document containing a foreign language submitted to USCIS 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.
How to Fill Out 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."

General Requirements
Initial Evidence
1. If you are filing for an alien of extraordinary ability in the sciences, arts, education, business, or athletics
(Part 2. Petition Type, box 1.a. on the form):
You must attach evidence with your petition showing 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
b. At least 3 of the following:
1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Membership in associations in the field, which require outstanding achievements as judged by recognized
national or international experts;
3. Published material about the alien in professional or major trade publications or other major media;
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; and
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette,
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.

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2. A U.S. employer filing for an outstanding professor or researcher (Part 2. Petition Type, box 1.b. on the form)
must file the petition with:
a. Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified
in the petition. Such evidence shall consist of at least 2 of the following:
1. Receipt of major prizes or awards for outstanding achievement in the academic field;

2. Membership in associations in the academic field that require outstanding achievements of their members;
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 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 3 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, an offer of employment in the form of 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, an offer of employment in the form of 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 3 fulltime researchers and have achieved documented accomplishments in the field.
3. A U.S. employer filing for a multinational executive or manager (Part 2, Petition Type, box 1.c. on the form)
must file the petition with a statement which demonstrates that:
a. If the worker is now employed outside the United States, he or she has been employed outside the United States for
at least 1 year in the past 3 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, he or she was employed outside
the United States for at least 1 year in the 3 years preceding admission as a nonimmigrant in an executive or
managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate;
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 U.S. employer has been doing business for at least 1 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 (or any person, employer, or third party requesting a National Interest Waiver) who is filing
for a member of the professions with an advanced degree or a person with exceptional ability in the sciences,
arts, or business (Part 2, Petition Type, box 1.d., for a petition filed by an employer with a Schedule A or
individual labor certification, or box 1.i., for a petition that requests a National Interest Waiver, on the form)
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 5 years of progressive
post baccalaureate experience in the specialty; or
2. At least 3 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;

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(b) Letters from current or former employers showing that the alien has at least 10 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 that 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 professional (Part 2, Petition Type, box 1.e. on the form) must file the petition with:
a. A labor certification (see "General Evidence" below);
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.
6. A U.S. employer filing for a skilled worker (Part 2, Petition Type, box 1.f. on the form) 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 2 years of training or experience).
7. A U.S. employer filing for an unskilled worker (Part 2, Petition Type, box 1.g. on the form) 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.
Amended Petitions
If this petition is being filed to amend a previously filed Form I-140 petition, then check the box in Part 2, Petition Type,
box 2.a. of the Form I-140, entitled "To Amend a Previously Filed Petition" and fill in the receipt number of the
previously filed petition in the space provided. This will assist USCIS in determining whether the petition may be
accepted for filing and the location of the previously filed petition for case matching purposes.
Information on Spouse and All Children of the Person for Whom You Are Filing
Part 7, Information on Spouse and All Children of the Person for Whom You Are Filing, of Form I-140 requests
information about the dependent spouse and children of the alien beneficiary of the petition to assist in visa processing
and in order for USCIS to better determine the demand for employment-based immigrant visas at the time of filing of the
Form I-140 petition.
NOTE: An annotation of a dependent's intention to either apply for adjustment of status or an immigrant visa abroad in
Part 7 of the Form I-140 is not binding, but should reflect the dependent's intent at the time of filing of the Form I-140
petition.
IRS Tax or Social Security Numbers
With the exception of the Alien of Extraordinary Ability (Part 2, Petition Type, box 1.a.) and National Interest Waiver
(Part 2, Petition Type, box 1.i.) categories, all Form I-140 visa preference categories require a permanent job offer from
a U.S. employer and Form I-140 must be filed by the U.S. employer. All U.S. employers filing petitions in which a
permanent job offer is required must have either an IRS Tax Number or a Social Security Number and must
provide that 9 digit number in Part 1 of Form I-140, or Form I-140 will be rejected with a notice that it is deficient.
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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, or the applicant selects "Yes" for Question 8,
Part 4., asking USCIS to request a duplicate original certification from the DOL.
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 USCIS that the alien belongs to the shortage occupation.
See 20 CFR 656 or the DOL Web site, http://www.foreignlaborcert.doleta.gov, for further information about
obtaining an individual labor certification or about Schedule A, Group I or II shortage occupations.
Effective July 16, 2007, all labor certifications expire 180 days from the date of certification. Form I-140 petitions
based on approved labor certifications must be received by USCIS before the 180 day validity period has elapsed. In
instances where the ending date of the labor certification's validity period expires on a Saturday, Sunday, or legal
holiday, petitions will be accepted with the labor certification on the next business day. Petitions filed with expired
labor certifications filed after the next business day will be rejected.
NOTE: Individual labor certifications issued by the DOL must be submitted in the original, unless the original labor
certification has already been provided to USCIS in support of a different petition or the applicant selects “Yes” for
Question 8, Part 4., asking USCIS to request a duplicate original certification from the DOL.
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 that 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.
NOTE: The U.S. employer must show the ability to pay the proffered wage from the date of filing of the labor
certification, or in cases where no labor certification is required, from the date of filing of the petition, also referred to
as the priority date, until the alien beneficiary becomes a lawful permanent resident.

What Is the Filing Fee?
The filing fee for a Form I-140 is $580.
Use the following guidelines when you prepare your check or money order for Form I-140:
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.
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."
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3. If you live outside the United States, Guam, or the U.S. Virgin Islands, contact the nearest U.S. Embassy or consulate
for instructions on the method of payment.
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 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 2 times.
How to Check If the Fees Are Correct
The fee on this form is current as of the edition date appearing in the lower left 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 Web site at www.uscis.gov, select "FORMS," and check the appropriate fee; or
2. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.

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 revised. If
you are filing Form I-140 more than 30 days after the latest edition date shown in the lower left corner, visit the
"FORMS" page of our Web site www.uscis.gov before you file. If the edition date on your Form I-140 matches the
edition date listed for Form I-140 on the online "FORMS" page, your version is current. If the edition date on the online
version is later, download a copy and use it. If you do not have Internet access, call the USCIS National Customer Service
Center at 1-800-375-5283 to verify the current filing address and edition date.
Failure to follow these instructions may result in the rejection or delay of your petition or application.
Improperly filed forms will be rejected and the fee returned with instructions to resubmit the entire filing using the
current form instructions.
E-Filing Form I-140
Certain Form I-140 filings may be electronically filed (e-filed) with USCIS. View our Web site at www.uscis.gov "FORMS",
and click on the link "File my Application Online (E-filing)," for information on who is eligible to e-file this form.
If you are e-filing Form I-140, it will automatically be routed to the appropriate Service Center, and you will receive a
receipt indicating the location to which it was routed. For e-filed petitions, it is very important to review your filing
receipt and receipt number and make specific note of the receiving location. All further communication, including
submission of supporting documents, must be directed to the receiving location indicated on your e-filing receipt.
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 Forms I-140 and I-907 together to the address listed in the Form I-907 filing instructions.
Do NOT send requests for Premium Processing to a Lockbox facility.
NOTE: Before you file Forms I-907 and I-140 together, you must first determine whether you can request Premium
Processing for the requested classification. To determine if the classification for which you are filing is eligible for
Premium Processing, go to www.uscis.gov, "FORMS".

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Premium Processing Service for a Pending Form I-140 Petition

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 your Form I-140 is pending. See Form I-907 filing instructions for further information. Do NOT
send requests for Premium Processing to a USCIS Lockbox facility. You must include a copy of Form I-797C, Notice of
Action, which shows your Form I-140 was accepted, or a copy of the transfer notice, if applicable, showing the location of
Form I-140. 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.
Filing Form I-140 Petition

All Form I-140 Petitions filed alone or with Form I-485, Application to Register Permanent Residence or Adjust Status,
must be filed at the USCIS Dallas Lockbox facility. See addresses below.
Failure to follow these instructions may result in the rejection or delay of your petition or application.
USCIS Dallas Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 660867
Dallas, TX 75266

For Express Mail and commercial courier deliveries:
USCIS
Attn: AOS
2501 S State Hwy. 121 Business, Suite 400
Lewisville, TX 75067

E-Notification
The Form I-140 is filed with a USCIS Lockbox facility. As such, you may elect to receive an e-mail and/or text message
notifying you that your petition has been accepted. You must complete Form G-1145, E-Notification of Application/
Petition Acceptance, and clip it to the first page of your I-140 petition. To download a copy of Form G-1145, including
the instructions, refer to www.uscis.gov "FORMS". The G-1145 is activated and the acceptance message is sent after
your petition has been successfully processed at the Lockbox and your receipt notice has been issued.

Address Changes
If you have changed your address, you must inform USCIS of your new address. For information on filing a change of
address go to the USCIS Web site at www.uscis.gov/addresschange or contact the National Customer Service Center at
1-800-375-5283.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the USCIS Lockbox
facilities do not process change of address requests.

Processing Information
Any Form I-140 that is not signed or accompanied by the correct fee will be rejected with a notice that Form I-140
is deficient. You may correct the deficiency and resubmit Form I-140. An application or petition is not considered
properly filed until accepted by USCIS.
NOTE: If the petitioner is an individual, then that individual, or that individual's legal guardian if he or she is incompetent
or under 14 years of age, must personally sign the petition. If the petitioner is a corporation or other legal entity, only an
individual who is an officer or employee of the entity who has knowledge of the facts alleged in the petition, and who has
authority to sign documents on behalf of the entity, may sign the petition.
Initial Processing
Once 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.
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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, 1 digit in
each of the 6 boxes. If you use a code that is less than 6 digits, enter the code left to right and then add zeros in the
remaining unoccupied boxes.
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 DOL, Bureau of Labor Statistics
(http://stats.bls.gov/soc/home.htm). Enter the code from left to right, 1 digit in each of the 6 boxes. If you use a code
which is less than 6 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

0

0

0

USCIS Forms and Information
You can get USCIS forms and immigration-related information on the USCIS Web site at www.uscis.gov. You may order
USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by
telephoning our USCIS National Customer Service Center at 1-800-375-5283.
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment
through the USCIS Internet-based system, InfoPass. To access the system, visit the USCIS Web site. 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.

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

USCIS Privacy Act Statement

AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the
Immigration and Nationality Act, section 101, et seq.

PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have
established eligibility for the immigration benefit for which you are filing. The information you provide will be used to
grant or deny the benefit sought.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and
any requested evidence, may delay a final decision or result in denial of your Form I-140.
ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign
government agencies and authorized organizations following approved routine uses described in the associated published
system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File, Index,
and National File Tracking System of Records, which can be found at www.dhs.gov/privacy]. The information may also
be made available, as appropriate, for law enforcement purposes or in the interest of national security.

USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury (28 U.S.C 1746) that all information and documentation
submitted with this form is true and correct. You also have authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit you are seeking and consented to USCIS' verification of such
information.
The Department of Homeland Security has the right to verify any information you submit to establish eligibility for the
immigration benefit you're are seeking at any time. USCIS legal right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided. Agency verification methods may include, but are not
limited to: review of public records and information; contact via written correspondence, the Internet, facsimile, or other
electronic transmission, or telephone; unannounced physical site inspections of residences and places of employment; and
interviews. Information obtained through verification will be used to assess your compliance with the laws and to
determine your eligibility for the benefit sought.
Subject to the restrictions under 8 CFR part 103.2(b)(16), you will be provided an opportunity to address any adverse or
derogatory information that may result from a USCIS compliance review, verification, or site visit after a formal decision
is made on your case or after the agency has initiated an adverse action which may result in revocation or termination of
an approval.

Paperwork Reduction Act
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 and 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 Products
Division, Office of the Executive Secretariat, 20 Massachusetts Ave., N.W., Washington, DC 20529-2020,
OMB No. 1615-0015. Do not mail your petition to this address.

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