The second stage of the permanent resident (“green card”) process for Most employment-based, second- (EB2) and third-preference (EB3) category cases is the immigrant petition (Form I-140). The employer’s filing of an I-140 is the first step for an applicant who qualifies under the EB1 category or the EB2 national interest waiver (NIW) category, as the PERM labor certification is not required in either of these cases.
Requirements
- The employer petitions USCIS in the appropriate EB category for an immigrant visa or immigrant visa number as a perquisite to the beneficiary eventually becoming a permanent resident in the United States.
- Approval requires the petitioning employer to demonstrate “ability to pay” proffered wages from the priority date to adjudication of the I-140.
- Approval requires beneficiary to establish possession of required education, experience, and any necessary licensing for the offered position and requested category.
- PERM labor must be approved by U.S. Department of Labor prior to filing for EB2 or EB3 category, other than NIW. [Labor certifications are pre-approved for Schedule A cases, allowing the initiation of such cases with an I-140 petition.]
- EB1 and NIW applicants must demonstrate all eligibility criteria are met for the requested category.
How We Can Help You
The Murthy Law Firm provides full-cycle representation in EB permanent residence cases. Our attorneys offer advice in determining whether the employer and/or applicant satisfy/ies all the requirements for the relevant categories. Our attorneys have extensive experience with the common, but often complex, I-140 issues of the company’s ability to pay the proffered wage, establishing the beneficiary’s educational and experience requirements for the proffered position, and analysis of appropriate EB categories. We offer representation in the preparation and filing of I-140 immigrant petitions with the USCIS, as well as on motions to reopen and appeals of I-140 petition denials.
For More on the I-140, See Permanent Resident EB Page
For I-140 labor certification news, information, complexities, and options, as well as Murthy Law Firm success stories in such cases, see the Employment-Based, Permanent Resident page. You may also search the site for a particular topic, and narrow your search by category.