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Form I-140 petition, Immigrant Petition for Alien Worker, is filed by a U.S. employer with the USCIS to petition for an alien worker to become a permanent resident in the United States. I-140 Petition must be filed within 180 days from the date of approved Labor Certification if required. I-140 may be filed on behalf of beneficiaries classified as follows:

  • An alien of extraordinary ability (EB-1(A) Category)
  • An outstanding professor or researcher (EB-1(B) Category)
  • A multinational executive or manager (EB-1(C) Category)
  • A member of the professions holding an advanced degree or an alien of exceptional ability (EB-2)
  • A skilled worker (EB-3(A)(i))
  • A professional (EB-3(A)(ii))
  • Other workers (EB-3(A)(iii))

As part of the I-140 Petition, the employer must demonstrate that it has the ability to pay the wages as specified in the Labor Certification from the time the Priority Date was established and continues to have this financial ability. Form I-140 can be filed along with premium processing so that the case is adjudicated faster and there is less processing time.

Approval of an I-140 does not confer any status on the alien worker beneficiary and they have to maintain same visa status as they were before the approval of I-140 petition.

We, at the Law Offices of Aditya Surti, LLC can help you in applying for immigrant visas on behalf of your alien workers. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at