Templates Immigration I-140 Employment-Based Petition
I-140 Employment-Based Petition
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IMMIGRANT PETITION FOR ALIEN WORKER

(FORM I-140) – MASTER TEMPLATE PACKAGE

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PETITIONER: [EMPLOYER LEGAL NAME], a [STATE] [ENTITY TYPE]

BENEFICIARY: [FOREIGN NATIONAL’S FULL LEGAL NAME]

EFFECTIVE DATE: [MM/DD/YYYY]

GOVERNING LAW: Federal Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq.; implementing regulations at 8 C.F.R. § 204.5

[// GUIDANCE: This template is designed as the comprehensive narrative, evidentiary index, and execution package that accompanies the Form I-140 itself. It is not a substitute for the USCIS form, but rather the supporting submission that immigration counsel typically files under a cover letter. Customize all bracketed items and delete any provisions that do not apply to the specific employment-based category (EB-1, EB-2, or EB-3).]


TABLE OF CONTENTS

  1. Document Header
  2. Definitions
  3. Operative Provisions
  4. Representations & Warranties
  5. Covenants & Ongoing Obligations
  6. Default, Withdrawal & USCIS Requests for Evidence (RFEs)
  7. Risk Allocation (Indemnification & Liability)
  8. Dispute Resolution & Forum Selection
  9. General Provisions
  10. Signature Blocks
  11. Exhibits & Evidentiary Index

1. DOCUMENT HEADER

1.1 Parties

a. “Petitioner” means [EMPLOYER LEGAL NAME], a [STATE] [corporation/LLC/partnership] with its principal place of business at [COMPLETE ADDRESS].
b. “Beneficiary” means [FOREIGN NATIONAL’S FULL NAME], a citizen of [COUNTRY] currently residing at [ADDRESS].

1.2 Recitals

WHEREAS, Petitioner seeks to employ Beneficiary in the position of [JOB TITLE] under the employment-based immigrant visa classification [EB-1/EB-2/EB-3], pursuant to INA § 203(b) (8 U.S.C. § 1153(b)); and
WHEREAS, Beneficiary possesses the requisite qualifications enumerated under 8 C.F.R. § 204.5 [sub-section];
NOW, THEREFORE, Petitioner hereby submits this Immigrant Petition for Alien Worker (Form I-140), together with the following supporting statement, evidence, and certifications.


2. DEFINITIONS

For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:

“Ability to Pay” – Petitioner’s demonstrable financial capacity to pay the proffered wage from the priority date onward, as evidenced by annual reports, audited financial statements, or federal tax returns pursuant to 8 C.F.R. § 204.5(g)(2).

“Form I-485” – The Application to Register Permanent Residence or Adjust Status, to be filed by Beneficiary upon approval of this Petition or upon visa number availability.

“Labor Certification” – ETA Form 9089 approved by the U.S. Department of Labor (“DOL”), establishing that no qualified U.S. workers are available for the offered position (required for EB-2 and EB-3 petitions unless exempt).

“Priority Date” – The date on which either (i) the Labor Certification was filed with DOL, or (ii) this Form I-140 was filed with USCIS in categories not requiring labor certification.

“USCIS” – United States Citizenship and Immigration Services, a component of the U.S. Department of Homeland Security (“DHS”).


3. OPERATIVE PROVISIONS

3.1 Petition Category

Petitioner hereby petitions USCIS for classification of Beneficiary as:
☐ Extraordinary Ability (EB-1A)
☐ Outstanding Professor/Researcher (EB-1B)
☐ Multinational Executive/Manager (EB-1C)
☐ Member of Professions Holding Advanced Degree / Exceptional Ability (EB-2)
☐ Skilled Worker / Professional / Other Worker (EB-3)

[// GUIDANCE: Select only one box and delete the others.]

3.2 Position Offered

a. Job Title: [JOB TITLE]
b. Standard Occupational Classification (SOC): [CODE]
c. Duties Summary: [DETAILED BULLET LIST]
d. Minimum Requirements: [DEGREE/EXPERIENCE/LICENSE]
e. Worksite Address: [ADDRESS]
f. Wage Offered: [$_ per _], exceeding prevailing wage [$____] as determined by DOL.

3.3 Evidence Submitted

Petitioner attaches and incorporates by reference Exhibits A through [N] as enumerated in Section 11 (Evidentiary Index).

3.4 Fees & Delivery

USCIS filing fee of [$700] for Form I-140 (plus optional Premium Processing fee of [$2,500]) is remitted via [check/credit card/G-1450]. All correspondence shall be directed to the undersigned attorney of record via Form G-28.


4. REPRESENTATIONS & WARRANTIES

4.1 Petitioner Representations

Petitioner represents and warrants that:
a. It is duly organized, validly existing, and in good standing under the laws of the State of [STATE];
b. It possesses the Ability to Pay the proffered wage as of the Priority Date and continuing until Beneficiary obtains lawful permanent residence;
c. The job offer is bona fide, full-time, and permanent;
d. All information contained in this Petition and supporting evidence is true, correct, and complete to the best of Petitioner’s knowledge.

4.2 Beneficiary Representations

Beneficiary represents and warrants that:
a. All personal information and qualifications stated herein and in attached exhibits are accurate and verifiable;
b. Beneficiary has maintained lawful status (where required) and has not engaged in unauthorized employment;
c. Beneficiary will undertake the offered position upon approval and issuance of permanent resident status.

4.3 Survival

The representations and warranties in this Section shall survive adjudication of the Petition and, to the extent relevant, any subsequent adjustment or consular processing.


5. COVENANTS & ONGOING OBLIGATIONS

5.1 Petitioner Covenants

a. Maintain business operations and licensure in good standing.
b. Notify USCIS in writing within thirty (30) days of any material change to the terms of employment described herein.
c. Retain all payroll and tax records evidencing Ability to Pay for at least five (5) years from the Priority Date.

5.2 Beneficiary Covenants

a. Promptly provide any additional documentation reasonably requested by Petitioner or USCIS.
b. Maintain eligibility for the underlying classification, including licensure or credentials, until permanent residence is granted.


6. DEFAULT, WITHDRAWAL & USCIS RFEs

6.1 Events of Default

For purposes of this Petition, the following constitute an Event of Default:
a. Material misrepresentation by either party;
b. Suspension of Petitioner’s business operations;
c. Revocation or denial of the underlying Labor Certification (if applicable).

6.2 Cure Period

Upon occurrence of an Event of Default, the non-defaulting party shall have fifteen (15) calendar days to cure, except where USCIS imposes a shorter statutory deadline.

6.3 Withdrawal

Petitioner reserves the right to withdraw this Petition at any time before adjudication by submitting written notice to USCIS, provided that such withdrawal is not retaliatory or otherwise unlawful.

6.4 Requests for Evidence (RFE) & Notices of Intent to Deny (NOID)

a. Upon receipt of an RFE or NOID, Petitioner and Beneficiary shall cooperate in good faith to assemble a complete response within the time allotted by USCIS.
b. Failure to timely respond may result in denial pursuant to 8 C.F.R. § 103.2(b)(13).


7. RISK ALLOCATION

7.1 Indemnification

Not applicable. No party seeks indemnification from the other in connection with this administrative filing.

7.2 Limitation of Liability

Not applicable. Neither party seeks to impose liability caps relative to this Petition.

7.3 Force Majeure

A party’s failure to perform an obligation under this Petition shall be excused to the extent such failure is caused by acts of God, government shutdowns, natural disasters, or other events beyond the party’s reasonable control that materially impede compliance with USCIS deadlines, provided that the affected party gives prompt written notice and resumes performance as soon as practicable.


8. DISPUTE RESOLUTION & FORUM SELECTION

8.1 Governing Law

This Petition shall be governed by and construed in accordance with federal immigration law, including the INA and applicable regulations.

8.2 Administrative Jurisdiction

USCIS shall have initial jurisdiction over this Petition. Any appeal shall be filed with the USCIS Administrative Appeals Office (“AAO”) pursuant to 8 C.F.R. § 103.3. Further judicial review, if permissible, shall lie exclusively in the United States federal courts.

8.3 Arbitration

Not available. The parties acknowledge that immigration benefit adjudication is an administrative process not subject to private arbitration.

8.4 Jury Waiver

Any permissible judicial review shall proceed as a bench trial or motion practice in federal court; the parties hereby waive any right to trial by jury to the extent such right might otherwise apply.

8.5 Injunctive Relief

Nothing herein precludes either party from seeking emergency injunctive or mandamus relief in federal court to compel agency action unlawfully withheld or unreasonably delayed.


9. GENERAL PROVISIONS

9.1 Amendments

Any amendment to this Petition prior to adjudication shall be effected by filing an Amended Form I-140 with USCIS, accompanied by appropriate fee and explanatory cover letter.

9.2 Assignment

Neither party may assign rights or delegate obligations under this Petition except as required by corporate merger, acquisition, or successor-in-interest scenarios recognized by USCIS.

9.3 Severability

If any provision herein is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.4 Entire Agreement

This document, together with Form I-140, Labor Certification (if applicable), and all exhibits, constitutes the entire statement of facts and evidence upon which Petitioner relies.

9.5 Counterparts & Electronic Signatures

This Petition may be executed in counterparts and via electronic signature permitted under the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), each of which shall be deemed an original.


10. EXECUTION BLOCK

10.1 Petitioner


[NAME OF AUTHORIZED SIGNATORY]
[Title]
[EMPLOYER LEGAL NAME]
Date: ___ / ___ / ______

10.2 Beneficiary


[FOREIGN NATIONAL’S FULL NAME]
Date: ___ / ___ / ______

[// GUIDANCE: Notarization is not required for Form I-140 signatures. Ensure signatory authority is documented, e.g., board resolution or corporate by-laws.]


11. EXHIBITS & EVIDENTIARY INDEX

Exhibit Description USCIS Reference
A Form I-140 (completed and signed) Required
B Form G-28 (Notice of Appearance) Required if represented
C Labor Certification ETA 9089 (certified) EB-2 / EB-3
D Employer’s Financial Evidence (tax returns, audited statements, annual reports) Ability to Pay
E Offer Letter & Job Description Position Evidence
F Beneficiary’s Academic Credentials (degrees, transcripts) Qualification Evidence
G Beneficiary’s Experience Letters Qualification Evidence
H Evidence of Extraordinary Ability / National Interest (if EB-1A/NIW) Category Evidence
I Organizational Charts & Business Licenses Corporate Standing
J Form I-907 (Premium Processing) & Fee Receipt Optional
K Passport Biographic Page & I-94 Identity/Status
L [ADDITIONAL EXHIBIT]
M Translation Certificates 8 C.F.R. § 103.2(b)(3)
N Index of Exhibits & Tab Dividers Best Practice

[// GUIDANCE: Label each exhibit with a colored tab or barcode in the physical submission, and include a PDF table of contents for electronic filings.]


DISCLAIMER: This template is provided for general informational purposes and does not constitute legal advice. Immigration laws and regulations are complex and subject to change. Practitioners must conduct an independent factual and legal review and tailor this document to the specific case. No attorney-client relationship is created by use of this template.

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