Green Card Through Work: Form I-140?

Considering sponsoring a foreign worker for a green card? Form I-140 is your key! Let's break down its purpose and importance:

Employment-Based Immigration Pathway:

Form I-140 is essential for the employment-based green card process. It allows foreign workers with specific skills to obtain lawful permanent residency through job sponsorship.

Employer as the Sponsor:

In most cases, a U.S. employer files this form on behalf of the foreign worker. The employer demonstrates a genuine job offer and the worker's qualifications for the specific green card category.

Green Card Categories Covered:

Form I-140 applies to various categories, including:

  • EB-1: For individuals with extraordinary abilities, outstanding researchers, or multinational managers.

  • EB-2: For professionals with advanced degrees or exceptional ability.

  • EB-3: For skilled workers, professionals, and other workers.

  • Special Categories: Religious workers or employees of international organizations.

Your Place in Line: The Priority Date

Upon approval, the foreign worker receives a priority date. This acts like a queue number, especially for categories with limited visas (EB-2, EB-3). It determines when they can apply for further steps like adjustment of status or consular processing.

Changing Jobs Without Losing Ground (Portability)

Under certain circumstances, approved Form I-140 can be "ported" to a new employer. This allows foreign workers to change jobs while maintaining their green card progress, as long as specific criteria are met.

The Takeaway:

Form I-140 is a critical step for employers sponsoring skilled foreign workers for permanent residency in the US. It establishes the worker's qualifications and the employer's genuine job offer.