Templates Immigration I-140 Employment-Based Immigrant Petition Filing Packet

I-140 Employment-Based Immigrant Petition Filing Packet

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I-140 EMPLOYMENT-BASED IMMIGRANT PETITION FILING PACKET

Comprehensive Cover Letter, Category Analysis, Evidence Framework, and Filing Guide


IMPORTANT NOTICE

This template is designed to accompany the official USCIS Form I-140, Immigrant Petition for Alien Workers. It is NOT a substitute for the government form itself. This packet provides: (i) a professionally drafted cover letter; (ii) a category-specific eligibility analysis framework; (iii) comprehensive evidence checklists for EB-1, EB-2, and EB-3 classifications; (iv) ability-to-pay documentation guidance; and (v) filing instructions including premium processing. Always download the current edition of Form I-140 directly from www.uscis.gov.


TABLE OF CONTENTS

  1. Cover Letter to USCIS
  2. Petitioner and Beneficiary Information Summary
  3. Employment-Based Category Determination
  4. Category-Specific Eligibility Analysis
    - 4.1 EB-1A: Extraordinary Ability
    - 4.2 EB-1B: Outstanding Professor or Researcher
    - 4.3 EB-1C: Multinational Manager or Executive
    - 4.4 EB-2: Advanced Degree Professional or Exceptional Ability
    - 4.5 EB-2 NIW: National Interest Waiver
    - 4.6 EB-3: Skilled Worker, Professional, or Other Worker
  5. Ability to Pay Analysis
  6. Labor Certification (PERM) Summary
  7. Evidence Checklist and Exhibit Index
  8. Filing Instructions, Fees, and Venue
  9. Premium Processing Guide
  10. Post-Approval Steps
  11. Signature Blocks
  12. Practitioner Notes and Common Pitfalls
  13. Sources and References

1. COVER LETTER TO USCIS

[Attorney/Representative Letterhead]

Date: [__/__/____]

U.S. Citizenship and Immigration Services
[________________________________]
[Service Center or Lockbox Address]
[________________________________]
[City, State, ZIP]

Re: Form I-140, Immigrant Petition for Alien Workers
Petitioner (Employer): [________________________________]
Beneficiary (Foreign National): [________________________________]
Classification Sought: [________________________________]
Priority Date: [__/__/____]
DOL Case Number (if applicable): [________________________________]

Dear Sir or Madam:

Please find enclosed Form I-140, Immigrant Petition for Alien Workers, filed by [________________________________] ("Petitioner"), on behalf of [________________________________] ("Beneficiary"), seeking classification under [________________________________] of the Immigration and Nationality Act ("INA"), 8 U.S.C. § [________________________________].

Petition Summary

Field Information
Petitioner [________________________________]
Petitioner Type [________________________________] (corporation / LLC / partnership / individual)
State of Organization [________________________________]
FEIN [________________________________]
Beneficiary [________________________________]
Country of Nationality [________________________________]
Category ☐ EB-1A ☐ EB-1B ☐ EB-1C ☐ EB-2 ☐ EB-2 NIW ☐ EB-3
Job Title [________________________________]
SOC Code [________________________________]
Proffered Wage $[________________________________] per [year/hour]
Prevailing Wage $[________________________________] per [year/hour]
Worksite [________________________________]
Priority Date [__/__/____]
Premium Processing ☐ Yes (Form I-907 enclosed) ☐ No

Enclosed Materials

Item Description Included
1 Form I-140 (current edition, completed and signed)
2 Filing fee of $715
3 Asylum Program Fee of $600 (employers with 25+ employees)
4 Form I-907 and premium processing fee of $2,965 (if applicable)
5 Form G-28 (Notice of Entry of Appearance)
6 Form G-1145 (E-Notification of Acceptance)
7 Approved Labor Certification (ETA Form 9089) (if applicable)
8 Supporting documentary evidence (Exhibits A through [____])

Petitioner respectfully requests favorable adjudication of this petition.

Sincerely,

_________________________________
[________________________________]
Attorney Name, Esq.
[________________________________]
Law Firm / Organization
[________________________________]
Address | Phone | Email | Bar Number

2. PETITIONER AND BENEFICIARY INFORMATION SUMMARY

Petitioner (Employer)

Field Information
Legal Entity Name [________________________________]
DBA / Trade Name [________________________________]
Entity Type ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole Proprietorship ☐ Nonprofit ☐ Other
State of Organization [________________________________]
Date of Organization [__/__/____]
FEIN [________________________________]
NAICS Code [________________________________]
Principal Business Address [________________________________]
Number of Employees [____]
Gross Annual Revenue $[________________________________]
Net Income (most recent year) $[________________________________]
Net Current Assets $[________________________________]
Contact Person [________________________________]
Contact Phone/Email [________________________________]

Beneficiary (Foreign National Worker)

Field Information
Full Legal Name [________________________________]
Other Names Used [________________________________]
Date of Birth [__/__/____]
Place of Birth [________________________________]
Country of Nationality [________________________________]
A-Number A-[________________________________]
Current U.S. Address [________________________________]
Current Immigration Status [________________________________]
Status Expiration Date [__/__/____]
Passport Number [________________________________]
Highest Degree [________________________________]
Field of Study [________________________________]
Institution [________________________________]
Years of Professional Experience [____]

Position Offered

Field Information
Job Title [________________________________]
SOC Code and Title [________________________________]
Full-Time / Part-Time ☐ Full-Time ☐ Part-Time ([____] hours/week)
Permanent / Temporary ☐ Permanent
Proffered Annual Wage $[________________________________]
Prevailing Wage $[________________________________]
Prevailing Wage Source ☐ DOL iCERT ☐ SWA ☐ Independent Survey
Worksite Address [________________________________]
Duty Summary [________________________________]
Minimum Education [________________________________]
Minimum Experience [________________________________]
Special Skills/Licenses [________________________________]

3. EMPLOYMENT-BASED CATEGORY DETERMINATION

Select the applicable category:

EB-1A — Extraordinary Ability (INA § 203(b)(1)(A); 8 C.F.R. § 204.5(h))
Self-petitioning individual with extraordinary ability in the sciences, arts, education, business, or athletics.

EB-1B — Outstanding Professor or Researcher (INA § 203(b)(1)(B); 8 C.F.R. § 204.5(i))
Outstanding professor or researcher with at least three years of experience, coming to a tenured or tenure-track position or comparable research position.

EB-1C — Multinational Manager or Executive (INA § 203(b)(1)(C); 8 C.F.R. § 204.5(j))
Multinational manager or executive transferring to a U.S. employer in a managerial or executive capacity.

EB-2 — Advanced Degree Professional (INA § 203(b)(2); 8 C.F.R. § 204.5(k))
Member of the professions holding an advanced degree or equivalent, OR person of exceptional ability.

EB-2 NIW — National Interest Waiver (INA § 203(b)(2)(B); 8 C.F.R. § 204.5(k)(4)(ii))
Self-petitioning individual whose work is in the national interest, waiving the labor certification requirement.

EB-3 — Skilled Worker (INA § 203(b)(3)(A)(i); 8 C.F.R. § 204.5(l))
Skilled worker with at least two years of training or experience.

EB-3 — Professional (INA § 203(b)(3)(A)(ii); 8 C.F.R. § 204.5(l))
Professional with a U.S. baccalaureate degree or foreign equivalent.

EB-3 — Other Worker (INA § 203(b)(3)(A)(iii); 8 C.F.R. § 204.5(l))
Unskilled worker capable of performing unskilled labor (less than two years of training or experience).


4. CATEGORY-SPECIFIC ELIGIBILITY ANALYSIS

4.1 EB-1A: Extraordinary Ability

Standard: The beneficiary must demonstrate sustained national or international acclaim and extraordinary ability in the sciences, arts, education, business, or athletics through extensive documentation. 8 C.F.R. § 204.5(h)(2).

No labor certification required. Self-petition permitted.

Evidence Requirements — Meet at least 3 of 10 criteria:

Criterion 8 C.F.R. § 204.5(h)(3) Met Evidence
(i) Nationally/internationally recognized prizes or awards [________________________________]
(ii) Membership in associations requiring outstanding achievements [________________________________]
(iii) Published material about the beneficiary in professional publications [________________________________]
(iv) Participation as a judge of the work of others [________________________________]
(v) Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance [________________________________]
(vi) Authorship of scholarly articles in professional journals or major media [________________________________]
(vii) Display of work at artistic exhibitions or showcases [________________________________]
(viii) Leading or critical role for distinguished organizations or establishments [________________________________]
(ix) High salary or remuneration compared to others in the field [________________________________]
(x) Commercial success in the performing arts [________________________________]

Alternative: If the above criteria do not readily apply, the beneficiary may submit comparable evidence of extraordinary ability. 8 C.F.R. § 204.5(h)(4).

Final Merits Determination (per Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)):
After establishing that at least three criteria are met, demonstrate that the totality of the evidence shows sustained national or international acclaim and that the beneficiary is among the small percentage at the very top of the field.

[________________________________]
[________________________________]

Intent to Continue Working in the Area:
☐ Evidence that the beneficiary intends to continue working in the area of expertise. 8 C.F.R. § 204.5(h)(5).
☐ Evidence may include letters from prospective employers, pre-arranged employment, or a detailed plan for continued work.

4.2 EB-1B: Outstanding Professor or Researcher

Standard: The beneficiary must demonstrate international recognition as outstanding in a specific academic field. 8 C.F.R. § 204.5(i)(2).

Requirements:
☐ At least three years of experience in teaching or research in the academic field
☐ Coming to the U.S. for a tenured or tenure-track teaching position, or a comparable permanent research position at a university, institution of higher education, or private employer
☐ If private employer: the employer must employ at least three full-time researchers and have achieved documented accomplishments in the field

Evidence Requirements — Meet at least 2 of 6 criteria:

Criterion 8 C.F.R. § 204.5(i)(3) Met Evidence
(i) Major prizes or awards for outstanding achievement [________________________________]
(ii) Membership in associations requiring outstanding achievements [________________________________]
(iii) Published material in professional publications about the beneficiary's work [________________________________]
(iv) Participation as a judge of the work of others [________________________________]
(v) Original scientific or scholarly research contributions [________________________________]
(vi) Authorship of scholarly books or articles in international journals [________________________________]

4.3 EB-1C: Multinational Manager or Executive

Standard: The beneficiary must have been employed abroad by the same employer (or affiliate/subsidiary) in a managerial or executive capacity for at least one of the three years preceding the filing, and must be coming to the U.S. to serve in a managerial or executive capacity. 8 C.F.R. § 204.5(j).

No labor certification required.

Requirements:

☐ The beneficiary was employed outside the U.S. for at least one year in the three years preceding the filing
☐ Employment was in a managerial or executive capacity
☐ The foreign employer is the same employer, or a subsidiary, affiliate, or branch of the U.S. petitioner
☐ The beneficiary is coming to the U.S. to serve in a managerial or executive capacity
☐ The U.S. petitioner has been doing business (providing goods/services) for at least one year

Key Definitions:

  • Managerial capacity (INA § 101(a)(44)(A)): Manages the organization, department, subdivision, or function; supervises and controls the work of other supervisory, professional, or managerial employees; has the authority to hire and fire or recommend personnel actions; exercises discretion over the day-to-day operations.
  • Executive capacity (INA § 101(a)(44)(B)): Directs the management of the organization or a major component/function; establishes goals and policies; exercises wide latitude in discretionary decision-making; receives only general supervision from higher-level executives.

Qualifying Relationship Evidence:

Element Evidence
U.S. entity organizational structure ☐ Organizational chart with names and titles
Foreign entity organizational structure ☐ Organizational chart with names and titles
Qualifying relationship (parent, subsidiary, affiliate, branch) ☐ Ownership documents, stock certificates, articles of incorporation
U.S. entity doing business for 1+ year ☐ Tax returns, business licenses, contracts, payroll records

4.4 EB-2: Advanced Degree Professional or Exceptional Ability

Standard: The beneficiary must be a member of the professions holding an advanced degree (or the equivalent) or a person of exceptional ability in the sciences, arts, or business. 8 C.F.R. § 204.5(k).

Labor certification (PERM) generally required unless NIW applies.

Advanced Degree:
☐ U.S. advanced degree (master's or higher) in the specialty, OR
☐ Foreign equivalent of a U.S. advanced degree, OR
☐ U.S. baccalaureate degree (or foreign equivalent) PLUS five years of progressive post-baccalaureate experience in the specialty (which is the equivalent of an advanced degree)

Exceptional Ability — Meet at least 3 of 6 criteria:

Criterion 8 C.F.R. § 204.5(k)(3)(ii) Met Evidence
(A) Official academic record showing degree/diploma/certificate relating to the area of exceptional ability [________________________________]
(B) Letters from current or former employers documenting at least 10 years of full-time experience [________________________________]
(C) License to practice the profession or certification [________________________________]
(D) Evidence of commanding a salary or remuneration demonstrating exceptional ability [________________________________]
(E) Membership in professional associations [________________________________]
(F) Recognition for achievements and significant contributions by peers, government, or professional organizations [________________________________]

4.5 EB-2 NIW: National Interest Waiver

Standard: Under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), the petitioner must demonstrate:

  1. Substantial Merit and National Importance: The proposed endeavor has both substantial merit and national importance.
    [________________________________]
    [________________________________]

  2. Well-Positioned to Advance the Endeavor: The beneficiary is well positioned to advance the proposed endeavor.
    [________________________________]
    [________________________________]

  3. Balance of Factors: On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus a labor certification.
    [________________________________]
    [________________________________]

Self-petitioning. No labor certification required. No specific job offer required.

4.6 EB-3: Skilled Worker, Professional, or Other Worker

Standard: 8 C.F.R. § 204.5(l).

Labor certification (PERM) required.

Skilled Worker: Position requires a minimum of two years of training or experience.
Professional: Position requires a U.S. baccalaureate degree or foreign equivalent (and nothing else).
Other Worker: Position requires less than two years of training or experience (unskilled).

Evidence:
☐ Approved labor certification (ETA Form 9089)
☐ Evidence that the beneficiary meets the minimum requirements stated in the labor certification
☐ Academic credentials (degrees, transcripts)
☐ Experience letters documenting required work experience
☐ Professional licenses or certifications (if required)


5. ABILITY TO PAY ANALYSIS

5.1 Regulatory Requirement

8 C.F.R. § 204.5(g)(2) requires the petitioner to demonstrate the continuing ability to pay the proffered wage from the priority date until the beneficiary obtains lawful permanent residence. Evidence of ability to pay may include:

Annual reports, federal tax returns, or audited financial statements demonstrating that the petitioner's net income equals or exceeds the proffered wage; OR
Net current assets (current assets minus current liabilities) equal to or exceeding the proffered wage; OR
Employment of the beneficiary at or above the proffered wage (evidence that the wage is already being paid); OR
Combination of the above factors (totality of the evidence analysis)

5.2 Ability to Pay Worksheet

Tax Year Net Income Net Current Assets Wages Already Paid to Beneficiary Proffered Wage Difference
[____] $[____________] $[____________] $[____________] $[____________] $[____________]
[____] $[____________] $[____________] $[____________] $[____________] $[____________]
[____] $[____________] $[____________] $[____________] $[____________] $[____________]

Analysis:
☐ Petitioner's net income alone satisfies ability to pay
☐ Petitioner's net current assets alone satisfy ability to pay
☐ Petitioner has been paying the beneficiary at or above the proffered wage
☐ Totality of the evidence demonstrates ability to pay
☐ Additional explanation needed: [________________________________]

5.3 Required Financial Documents

☐ Petitioner's federal income tax returns (Form 1120, 1120-S, 1065, or Schedule C) for the most recent 3 years (from the priority date forward)
☐ W-2 forms or pay records for the beneficiary (if currently employed by petitioner)
☐ Audited financial statements (if available)
☐ Annual reports (if applicable)
☐ Bank statements (as supplementary evidence)
☐ Payroll records showing the beneficiary's wages
☐ Profit and loss statements (as supplementary evidence)


6. LABOR CERTIFICATION (PERM) SUMMARY

(Complete for EB-2 and EB-3 petitions requiring labor certification)

Not Required: This petition is filed under EB-1, EB-2 NIW, or another category exempt from labor certification.

Required: Labor certification (PERM) is required. Summary:

Field Information
ETA Case Number [________________________________]
Filing Date [__/__/____]
Certification Date [__/__/____]
Job Title (per PERM) [________________________________]
SOC Code [________________________________]
Minimum Requirements [________________________________]
Prevailing Wage $[________________________________]
Proffered Wage $[________________________________]
Worksite [________________________________]
Recruitment Period [__/__/____] to [__/__/____]

Important Notes:

  • The I-140 must be filed within 180 days of the PERM approval date. 20 C.F.R. § 656.30(b)(1).
  • The I-140 petition requirements must match the labor certification requirements exactly.
  • The beneficiary must have met ALL minimum requirements for the position as of the priority date (PERM filing date).

7. EVIDENCE CHECKLIST AND EXHIBIT INDEX

7.1 Required for All Categories

☐ Form I-140 (current edition, completed and signed)
☐ Filing fee ($715)
☐ Asylum Program Fee ($600 for employers with 25+ employees)
☐ Form G-28 (Notice of Entry of Appearance, if represented)
☐ Form G-1145 (E-Notification — optional)
☐ Form I-907 (Premium Processing — optional; fee: $2,965 effective March 1, 2026)
☐ Copy of beneficiary's passport biographical page
☐ Copy of beneficiary's I-94 Arrival/Departure Record
☐ Copy of beneficiary's current visa/immigration status documentation

7.2 Category-Specific Evidence

EB-1A (Extraordinary Ability):
☐ Evidence for at least 3 of the 10 criteria (see Section 4.1)
☐ Evidence of intent to continue working in the area of extraordinary ability
☐ Advisory opinions or expert letters (optional but helpful)
☐ Citation indices, publication records, peer reviews
☐ Media coverage and press articles about the beneficiary
☐ Contracts, offer letters, or evidence of upcoming employment or self-employment

EB-1B (Outstanding Professor/Researcher):
☐ Evidence for at least 2 of the 6 criteria (see Section 4.2)
☐ Evidence of 3+ years of teaching/research experience
☐ Offer letter for tenured/tenure-track or comparable research position
☐ If private employer: evidence of 3+ full-time researchers and documented accomplishments

EB-1C (Multinational Manager/Executive):
☐ Evidence of qualifying corporate relationship (parent, subsidiary, affiliate)
☐ Evidence of beneficiary's 1+ year of employment abroad in managerial/executive capacity
☐ Organizational charts (U.S. and foreign entities)
☐ Job descriptions for the foreign and U.S. positions
☐ Evidence that U.S. employer has been doing business for 1+ year
☐ Corporate documents (articles of incorporation, stock certificates, annual reports)
☐ Payroll records of both entities
☐ Evidence of staffing under the beneficiary's supervision

EB-2 (Advanced Degree/Exceptional Ability):
☐ Approved PERM labor certification (unless NIW)
☐ Evidence of advanced degree or equivalent (degree, transcripts, credential evaluation)
☐ OR: Evidence satisfying 3 of 6 exceptional ability criteria (see Section 4.4)
☐ Detailed job offer letter matching PERM requirements
☐ Experience letters from prior employers

EB-2 NIW (National Interest Waiver):
☐ Evidence supporting the three Dhanasar prongs (see Section 4.5)
☐ Description of the proposed endeavor
☐ Expert/advisory opinion letters
☐ Publications, citations, patents, grants
☐ Evidence of impact and contributions to the field
☐ Business plans or research proposals (if applicable)

EB-3 (Skilled Worker/Professional/Other Worker):
☐ Approved PERM labor certification
☐ Evidence that beneficiary meets minimum requirements on the PERM as of the priority date
☐ Degree certificates and transcripts (with credential evaluation if foreign degree)
☐ Experience letters (detailed, on company letterhead, from qualified individuals)
☐ Professional licenses or certifications (if required by the PERM)

7.3 Ability to Pay Evidence

☐ Federal tax returns for 3 years from the priority date (with all schedules)
☐ W-2s showing wages paid to beneficiary (if currently employed)
☐ Audited financial statements (if available)
☐ Annual reports (if applicable)
☐ Payroll records
☐ Additional financial evidence: [________________________________]

7.4 Master Exhibit Index

Exhibit Description Category
A Form I-140 (completed, signed) Required
B Form G-28 (Notice of Appearance) Required
C Approved Labor Certification (ETA 9089) EB-2/EB-3
D Petitioner's Financial Evidence (tax returns, W-2s, statements) Ability to Pay
E Offer Letter and Job Description Position
F Beneficiary's Academic Credentials (degrees, transcripts, evaluations) Qualifications
G Beneficiary's Experience Letters Qualifications
H Evidence of Extraordinary Ability / Outstanding Achievement / National Interest Category
I Organizational Charts and Corporate Documents EB-1C / Corporate
J Business Licenses and Good Standing Certificates Corporate
K Expert/Advisory Opinion Letters EB-1A / EB-2 NIW
L Publications, Citations, and Research Contributions EB-1A / EB-1B / NIW
M Passport Biographical Page and I-94 Identity/Status
N Translation Certificates 8 C.F.R. § 103.2(b)(3)
O Form I-907 (Premium Processing) Optional
P [________________________________] [____]
Q [________________________________] [____]

8. FILING INSTRUCTIONS, FEES, AND VENUE

8.1 Filing Fees (Current as of February 2026)

Fee Type Amount Notes
Form I-140 base filing fee $715 Required for all petitions
Asylum Program Fee $600 Required for employers with 25+ employees
Premium Processing (Form I-907) $2,965 Effective March 1, 2026 (increased from $2,805). Optional.
Total (without premium processing, large employer) $1,315
Total (with premium processing, large employer) $4,280

Payment Methods:
☐ Check or money order payable to "U.S. Department of Homeland Security"
☐ Form G-1450 (credit/debit card)
☐ Form G-1650 (bank transfer)

8.2 Filing Location

Check the current USCIS I-140 filing instructions for the correct filing address, which varies based on:

  • Whether premium processing is requested
  • The beneficiary's category
  • Whether the petition is filed with or without a labor certification

General filing location:
☐ USCIS Texas Service Center (check current address)
☐ USCIS Nebraska Service Center (check current address)
☐ USCIS Lockbox (check current address for non-premium filings)

Always verify the current filing address at www.uscis.gov/i-140 immediately before mailing.

8.3 Form Edition

Use the most current edition of Form I-140. Check www.uscis.gov for the current edition date. Outdated forms will be rejected.


9. PREMIUM PROCESSING GUIDE

9.1 Overview

Premium Processing (Form I-907) guarantees that USCIS will take an adjudicative action on the I-140 petition within 15 business days. Adjudicative actions include: approval, denial, request for evidence (RFE), or notice of intent to deny (NOID).

9.2 Premium Processing Checklist

☐ Form I-907 (completed, signed)
☐ Premium processing fee: $2,965 (effective March 1, 2026; $2,805 before that date)
☐ Filed concurrently with Form I-140 OR submitted separately after filing I-140
☐ Premium processing is available for all EB-1, EB-2, and EB-3 categories (confirm current availability at www.uscis.gov)

9.3 Key Notes

  • If USCIS issues an RFE within the 15-day period, the 15-day clock resets upon receipt of the RFE response.
  • If USCIS fails to take action within 15 business days, the petitioner may request a refund of the premium processing fee.
  • Premium processing does NOT guarantee approval — it only guarantees expedited adjudication.
  • USCIS may temporarily suspend premium processing for certain categories during high-volume periods. Check current availability.

10. POST-APPROVAL STEPS

10.1 After I-140 Approval

☐ Receive I-797 Approval Notice
☐ Determine whether a visa number is immediately available per the Visa Bulletin
☐ If visa is immediately available:
☐ File Form I-485 (Adjustment of Status) if the beneficiary is in the U.S., OR
☐ Begin consular processing through the National Visa Center (NVC)
☐ If visa is NOT immediately available:
☐ Wait for priority date to become current
☐ Maintain valid nonimmigrant status or seek extensions
☐ Consider I-140 portability under INA § 204(j) if changing employers after 180 days of I-485 pendency

10.2 Priority Date Retention and Portability

  • Priority Date Retention: An approved I-140 establishes a priority date that can be retained even if the original petition is revoked for reasons other than fraud or material misrepresentation. INA § 203(h)(4) (per AC21).
  • Job Portability: After the I-485 has been pending for 180+ days, the beneficiary may change employers if the new position is in the "same or similar" occupational classification. INA § 204(j).
  • I-140 Revocation: An employer may request revocation of the I-140 at any time before the I-485 is approved. However, the priority date may still be retained by the beneficiary.

10.3 Key Deadlines

Action Deadline
File I-140 after PERM approval Within 180 days of PERM certification date
Maintain beneficiary's nonimmigrant status Ongoing until adjustment or consular processing
File I-485 or initiate NVC processing When visa number becomes current

11. SIGNATURE BLOCKS

11.1 Petitioner (Authorized Signatory)

_________________________________          Date: [__/__/____]
[Name of Authorized Signatory]
[Title]
[Petitioner Legal Name]

11.2 Beneficiary

_________________________________          Date: [__/__/____]
[Beneficiary Full Name]

11.3 Attorney/Representative

_________________________________          Date: [__/__/____]
[Attorney Name], Esq.
[Law Firm / Organization]
[Address]
[City, State, ZIP]
[Phone] | [Email]
[Bar Number / BIA Accreditation]

12. PRACTITIONER NOTES AND COMMON PITFALLS

Filing Issues

  1. 180-Day PERM Deadline: The I-140 must be filed within 180 days of the PERM certification date. 20 C.F.R. § 656.30(b)(1). Missing this deadline invalidates the PERM, requiring a new filing.

  2. PERM Requirements Must Match: The job requirements stated on the I-140 must match the PERM labor certification exactly. Any discrepancy (different minimum education, experience, or special requirements) may result in denial.

  3. Priority Date: For PERM-based petitions, the priority date is the PERM filing date (not the I-140 filing date). For petitions not requiring PERM (EB-1, NIW), the priority date is the I-140 filing date.

  4. Asylum Program Fee: Employers with 25 or more employees must pay an additional $600 Asylum Program Fee. This is a separate fee from the I-140 filing fee.

  5. Premium Processing Fee Increase: Effective March 1, 2026, premium processing fees increase to $2,965 for I-140 petitions. Check the current fee at www.uscis.gov before filing.

Ability to Pay

  1. Ability to Pay from Priority Date: The petitioner must demonstrate ability to pay from the priority date until the beneficiary obtains permanent residence. This means providing tax returns for every year from the priority date forward.

  2. Multiple Methods: USCIS accepts net income, net current assets, or evidence of wages already paid as proof of ability to pay. The "totality of the evidence" approach considers all factors together. See Matter of Sonegawa, 12 I&N Dec. 612 (BIA 1967).

  3. Small Companies: For small companies where net income may fluctuate, emphasize: (a) wages already being paid to the beneficiary; (b) growth trends; (c) other evidence of financial health. Bank statements alone are generally insufficient.

Category-Specific Issues

  1. EB-1A Two-Step Analysis: Under Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), USCIS applies a two-step analysis: (1) determine whether the evidence meets at least three criteria; and (2) if so, evaluate whether the totality of the evidence demonstrates sustained national or international acclaim. Both steps must be satisfied.

  2. EB-1C Managerial/Executive Capacity: Merely having a managerial or executive title is insufficient. The petitioner must demonstrate that the beneficiary's duties are primarily managerial or executive in nature, not primarily operational or hands-on. Organizational charts must show a meaningful supervisory hierarchy.

  3. EB-2 NIW — Dhanasar Framework: The Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), framework replaced the older Matter of New York State Dept. of Transportation (NYSDOT). The three prongs are evaluated holistically. Strong evidence of the beneficiary's track record is essential for prong two.

  4. Experience Letters: Experience letters must be detailed, on company letterhead, signed by an authorized individual (supervisor or HR), and include: the beneficiary's name, dates of employment, job title, duties performed, and skills utilized. Vague or templated letters are given less weight.

Post-Approval

  1. I-140 Portability: Under the American Competitiveness in the Twenty-First Century Act (AC21), an approved I-140 provides portability benefits. The priority date can be retained even after the I-140 is revoked (for reasons other than fraud). The beneficiary can change employers after 180 days of I-485 pendency if the new position is "same or similar."

  2. Consular Processing vs. Adjustment of Status: Determine whether the beneficiary will pursue consular processing (through NVC and a U.S. embassy abroad) or adjustment of status (Form I-485 in the U.S.). This decision depends on the beneficiary's current location, immigration status, and various strategic factors.

  3. Visa Bulletin Monitoring: Monitor the Department of State Visa Bulletin monthly. Employment-based categories frequently retrogress or advance. File I-485 or initiate NVC processing promptly when the priority date becomes current.


13. SOURCES AND REFERENCES

Statutes

  • INA § 101(a)(44)(A)-(B), 8 U.S.C. § 1101(a)(44)(A)-(B) — Managerial/Executive Capacity Definitions
  • INA § 203(b)(1), 8 U.S.C. § 1153(b)(1) — Priority Workers (EB-1)
  • INA § 203(b)(2), 8 U.S.C. § 1153(b)(2) — Advanced Degree/Exceptional Ability (EB-2)
  • INA § 203(b)(2)(B), 8 U.S.C. § 1153(b)(2)(B) — National Interest Waiver
  • INA § 203(b)(3), 8 U.S.C. § 1153(b)(3) — Skilled Workers/Professionals (EB-3)
  • INA § 204(j), 8 U.S.C. § 1154(j) — Job Portability (AC21)

Regulations

  • 8 C.F.R. § 204.5 — Petitions for Employment-Based Immigrants
  • 8 C.F.R. § 204.5(g)(2) — Ability to Pay
  • 8 C.F.R. § 204.5(h) — EB-1A Extraordinary Ability
  • 8 C.F.R. § 204.5(i) — EB-1B Outstanding Professor/Researcher
  • 8 C.F.R. § 204.5(j) — EB-1C Multinational Manager/Executive
  • 8 C.F.R. § 204.5(k) — EB-2 Advanced Degree/Exceptional Ability
  • 8 C.F.R. § 204.5(l) — EB-3 Skilled Workers/Professionals
  • 8 C.F.R. § 103.2 — Filing Requirements
  • 20 C.F.R. § 656.30(b)(1) — PERM 180-Day Filing Deadline

Case Law

  • Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) — EB-1A Two-Step Analysis
  • Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) — NIW Framework
  • Matter of Sonegawa, 12 I&N Dec. 612 (BIA 1967) — Ability to Pay
  • Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010) — Preponderance of Evidence Standard

USCIS Resources

  • Form I-140 and Instructions: https://www.uscis.gov/i-140
  • Form I-907 Premium Processing: https://www.uscis.gov/i-907
  • USCIS Fee Calculator: https://www.uscis.gov/feecalculator
  • USCIS Fee Schedule (Form G-1055): https://www.uscis.gov/g-1055
  • USCIS Processing Times: https://egov.uscis.gov/processing-times/
  • USCIS Policy Manual, Volume 6 (Immigrants): https://www.uscis.gov/policy-manual/volume-6
  • Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

This template is provided for informational purposes only and does not constitute legal advice. Employment-based immigration petitions involve complex eligibility determinations that vary by category and depend on the specific facts of each case. This document must be reviewed and customized by a qualified immigration attorney. No attorney-client relationship is created by the use of this template.

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About This Template

Immigration paperwork is federal and unforgiving: one wrong box, one missing document, or one late response can mean a denial, a delay, or loss of status. Petitions, responses to Requests for Evidence, and appeal briefs have to be organized, complete, and backed up by the right supporting evidence. Well-prepared filings move faster through the agency, win more often on appeal, and reduce the chance of getting caught in processing backlogs.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: March 2026