Some employers in the United States just can’t find a sufficient number of U.S. based workers to fill certain jobs. Because of that, they must hire workers from outside of this country, but those workers must have an employment-based visa to be employed here. That’s what EB-1, EB-2 and EB-3 visas are for. Given the fact that these visas permit lawful permanent residence in the United States, they’re closely scrutinized by the United States Citizenship & Immigration Service.
The I-140 Form
The general rule is that employment-based visas require an I-140 Immigrant Petition for Alien Workers to be filed by the employer. The appropriate fee for the petition must also be paid by the employer. The I-140 petition itself is six pages long, and it comes with 10 pages of complicated and confusing instructions. It’s used for purposes of applying for EB-1, EB-2 and EB-3 visas. In nearly all cases, labor certification must be obtained form the U.S. Department of Labor before the I-140 can be filed.
Submission of the I-140
The completed I-140 petition must be submitted to the USCIS and accompanied by the labor certification along with any other requested documentation in order to show that the employee is qualified for his or her job description. That’s when the issue of turnaround time becomes pivotal because current processing time is between 4 and 14 months. Premium processing is available for a fee of $2,500. Assuming the I-140 petition and accompanying documentation is in order, USCIS can process the I-140 within 15 calendar days in most cases. In a small minority of cases like EB-1C and EB2-NIW visas, decisions will be made in 45 days.
Obtaining I-140 approval is a major headache, especially for a person with a small to medium business to run. The last thing that an employer wants is to obtain labor certification from the U.S. Department of Labor and a denied I-140 petition. The attorneys at Maison Law Immigration Lawyers in Bakersfield, CA can be invaluable in helping your company employ a specific foreign national with a specific set of skills for a specific job within your company in the United States. Contact us when an I-140 petition is needed. Our immigration lawyers are pleased to see your company grow and prosper while a deserving immigrant is employed in this country and on the road to permanent residency and future United States citizenship.