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INFORMATION CENTER
Immigrant Visas
Employment-Based Sponsorship
After obtaining a certified labor certification, the employer must file an I-140 immigrant visa petition with the BCIS Service Center having jurisdiction over the place of employment. To file for an I-140 visa petition, the employer must submit the following:
- I-140 Immigrant Visa Petition (202kb pdf)
- Certified labor certification application.
- Evidence of the employer's ability to pay. The BCIS generally would require to see the employer's federal income tax return with all schedules and attachment. However, if the employer has over 100 employees, a letter from chief financial officer verifying the company's ability to pay would suffice.
- Evidence of the foreign national's qualifications, such as diploma, transcript, and/or experience verification letter(s).
The major issue that we have encountered with respect to I-140 visa petition filings is the employer's ability to pay. Most employers are reluctant to release their tax returns or tax returns did not show sufficient financial resources to support the employment of the foreign national. Sometimes, we will ask the employer to provide us with a copy of its tax return before we begin work on the labor certification application so to assure that the I-140 filing will not run into a problem.
Once the I-140 visa petition is approved, the alien should be able to file for adjustment of status application with the BCIS in the U.S. or wait for consular processing.
It is now possible for an applicant who has an approved labor certification to file his/her I-140 and I-485 jointly with the BCIS. This should hopefully reduce the processing time that a person would have to wait for his/her permanent resident status.
There are certain risks involved in this process, however. First, if an alien is seeking green card under 245(i) of the law, s/he must pay the penalty plus the required filing fee at this time. The fees will not be returned even if the case is ultimately denied. Second, if the I-140 visa petition is denied, the BCIS will also deny I-485 application. If the alien is out of status then, the BCIS may initiate removal proceedings seeking to remove the alien.
- Alien of Extraordinary Ability (EB1)
- Outstanding Professor or Researcher (EB1)
- Multinational Executive or Manager (EB1)
- National Interest Waiver (EB2)
- Schedule A Occupations: Professional Nurses, Physical Therapists, etc.
- Immigrant Investor (EB5)
