Form I-140
I-140 Approved Following RFE – Beneficiary Living Outside the U.S.
We filed an I-140 application in which the beneficiary was no longer working for the employer and was living outside the U.S. We included fairly standard supporting documents. To show the employer’s ability to pay the offered wage, we submitted federal tax returns and a W-2 from the preceding year. To show the beneficiary’s qualifications, we submitted a copy of his degree and affidavits from previous supervisors and co-workers with supporting documents.
Green Card
Immigration Law
Qualifying Degrees for EB-2
What degrees qualify for EB-2?
In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:
1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
I-140 Successor-in-Interest
Is any action required when an I-140 sponsoring employer undergoes acquisition, merger, or restructuring?
If the I-140 petition is still pending, then USCIS needs to be notified in writing of the change. If the I-140 is already approved, then an amendment needs to be filed by the successor-in-interest petitioner. Note that the successor-in-interest petitioner must take over the rights and liabilities of the earlier petitioner, including the immigration matters.
Multiple I-140 Approvals and Linking to I-485
When there are multiple I-140 approvals, how do you link the appropriate approval to the pending I-485 petition?
If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval.
I-140 Expedite requests
What is the process for I-140 expedite requests?
Expedite requests are received through the USCIS NCSC customer service number. In cases of emergency where an AP is required, an INFOPASS appointment will be made possible at the local office. Usually, for expedite issues on I-485 applications for religious workers, the biometrics takes about 14 to 30 days. The lockbox, on the other hand, takes seven to ten days to issue a receipt.
I-140 Petition and Inability to Pay
What is the process for responding to USCIS’ concern about inability to pay in an I-140 petition?
According to USCIS, a letter is acceptable from a financial officer validating 100 employees and ability to pay. However, further information can be requested in case there are other reasons that show an inability to pay. Please keep in mind the employer in the RFE should be given the reason for the request. It is also important to know that USCIS might take the letter from the financial officer due to discretion.
Premium Processing not available to multi-national executives and managers
Why is Premium Processing not available to multi-national executives and managers? To exclude this group of aliens seems arbitrary and counter-intuitive.
USCIS has not yet finalized the system and has not announced when it will begin.
I-140 Approved following Intent to Deny and Request for Evidence
The following two cases demonstrate how USCIS, an "expert" agency, can misread immigration forms, causing unnecessary anxiety and expense for people.
Green Card
Immigration Law
Notice of Intent to Revoke (NOIR) I-140 after Employer’s Fraud Conviction
The following case is an example of USCIS blanket revocations based upon criminal convictions. Fortunately, USCIS did keep an open mind and permitted us to show the law and the facts in their proper light without having to go to the Court over this.