Instructions For Form I-140 - Immigrant Petition For Alien Worker - U.s. Citizenship And Immigration Services

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OMB No. 1615-0015; Exp. 12/31/09
Instructions for I-140, Immigrant
Department of Homeland Security
Petition for Alien Worker
U.S. Citizenship and Immigration Services
Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of
paper and indicate the part and number of the item to which the answer refers.
6. An unskilled worker (requiring less than two years of
What Is the Purpose of This Form?
specialized training or experience) to perform labor for
which qualified workers are not available in the United
This form is used to petition U.S. Citizenship and Immigration
States.
Services (USCIS) for an immigrant visa based on
In addition, a person may file this petition on his or her own
employment.
behalf if he or she:
1. Has extraordinary ability in the sciences, arts, education,
Who May File Form I-140?
business, or athletics demonstrated by sustained national or
international acclaim and whose achievements have been
A U.S. employer may file this petition for:
recognized in the field; or
1. An outstanding professor or researcher with at least three
2. Is a member of the profession holding an advanced degree
years of experience in teaching or research in the academic
or is claiming exceptional ability in the sciences, arts, or
area, who is recognized internationally as outstanding:
business, and is seeking an exemption of the requirement of
a job offer in the national interest (NIW).
A. In a tenured or tenure-track position at a university or
institution of higher education to teach in the academic
area; or
General Instructions
B. In a comparable position at a university or institution of
higher education to conduct research in the area; or
Step 1. Fill Out Form I-140
C. In a comparable position to conduct research for a
1. Type or print legibly in black ink.
private employer that employs at least three persons in
2. If extra space is needed to complete any item, attach a
full-time research activities and which achieved
continuation sheet, indicate the item number, and date and
documented accomplishments in an academic field.
sign each sheet.
2. An alien who, in the three years preceding the filing of this
3. Answer all questions fully and accurately. State that an
petition, has been employed for at least one year by a firm
item is not applicable with "N/A." If the answer is none,
or corporation or other legal entity and who seeks to enter
write "None."
the United States to continue to render services to the same
employer, or to a subsidiary or affiliate, in a capacity that is
Step 2. General Requirements
managerial or executive.
Initial Evidence
3. A member of the professions holding an advanced degree
or an alien with exceptional ability in the sciences, arts, or
1. If you are filing for an alien of extraordinary ability in
business who will substantially benefit the national
the sciences, arts, education, business, or athletics:
economy, cultural or educational interests, or welfare of the
United States.
You must file your petition with evidence that the alien has
sustained national or international acclaim and that the
4. A skilled worker (requiring at least two years of
achievements have been recognized in the field of
specialized training or experience in the skill) to perform
expertise.
labor for which qualified workers are not available in the
United States.
A. Evidence of a one-time achievement (i.e., a major
internationally recognized award); or
5. A member of the professions with a baccalaureate degree.
Form I-140 Instructions (Rev. 06/12/09) Y

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