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Immigrant Visa Petition

The DOL-approved labor certification (which is discussed at length in this site) is attached to the immigrant visa petition, Form I-140, which is filed with the USCIS service center to classify the foreign national pursuant to the EB-2 or EB-3 preference categories.

Supporting documents must accompany the petition to show the foreign national qualified for the position on the date the labor certification application was filed. This evidence typically includes copies of college degrees and transcripts, and letters verifying the foreign national’s work experience.

  • Requirements

    The petition must also be supported by the company’s tax returns. A corporation with more than 100 employees may submit a statement of income by a company officer. This is to show the company can pay the salary listed on the labor certification. If the company is losing money, other criteria may be used including 1) net current assets; and/or 2) the fact that the employee has been paid the wage listed on the labor certification since the time of filing the application.

    Filing the Form I-140 petition initiates a case for an EB-1, EB-2 national interest, and Schedule A occupation (nurse or physical therapist). Separate petitions are used for EB-4 religious worker or EB-5 investors.