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New York City Real Estate Law Blog

Completing Form I-140: Tips for employers

On Behalf of | Sep 4, 2020 | Immigration

Most New York employers understand that there are several steps they must take if they wish to sponsor a foreign national for a green card.

Of course, they must make sure the worker is eligible for an employment-based visa, and in some cases apply for Permanent Labor Certifications. However, then they must file Form I-140.

What is Form I-140?

Form I-140 or the Immigrant Petition for Alien Workers is the form that employers must complete and file with the United States Citizenship and Immigration Services (USCIS). The petition is necessary to obtain an employment-based visa, and it is the official request from the employer that the immigrant worker live and work in the U.S. permanently.

What must employers remember when completing this form?

There are three things that all employers must do when filling out this petition:

  1. Remember the job offer: For an employment-based visa, employers must provide USCIS with evidence of the official job offer to the immigrant worker. Employers should include an official copy of the job offer with the petition.
  2. Understand the guidelines: Employers should make sure they review the instructions provided by USCIS. This document provides detailed information and guidelines for employers filling out Form I-140. It also provides a compiled list of all the evidence and documents employers must attach to the petition. Depending on the position the employer sponsors the worker for, they might have to include published articles the immigrant worker wrote, evidence of their income as well as evidence of the worker’s training and education.
  3. Consult an experienced immigration attorney: This is a critical tip for a few reasons. First, there are several more steps involved in the process of completing and filing Form I-140. Employers often have a lot on their plate already. Consulting an attorney can help ensure they understand the process and complete it correctly. Second, obtaining guidance from an attorney can also help prevent costly mistakes.

It is critical that employers avoid making mistakes when completing the form. Rectifying these mistakes often requires employers to withdraw the petition and refile, which can be time-consuming. In other cases, mistakes could lead to much harsher consequences for both the employer and the worker they sponsor.

Therefore, employers must take great care when completing this paperwork.