Instructions For Form I-140 - Immigrant Petition For Alien Worker (Page 6 of 10) in pdf

A labor certification establishes that there are insufficient U.S. workers who are able, willing, qualified, and available

to fill the position being offered to the alien at the time and place where the alien is to be employed, and that the

employment of the alien, if qualified, will not adversely affect the wages and working conditions of similarly

employed U.S. workers. Application for labor certification is currently made on Form ETA-9089. Labor certification

applications filed before March 28, 2005, were filed on Form ETA-750. If the alien is to be employed in a Schedule

A, Group I or II shortage occupation, then you may file a fully completed, uncertified Form ETA-9089 with your

petition for determination by USCIS that the alien belongs to the shortage occupation.

See 20 CFR 656 or the DOL website at

for further information about obtaining an

individual labor certification or about Schedule A, Group I or II shortage occupations.

Effective July 16, 2007, all labor certifications expire 180 days from the date of certification. USCIS must receive any

Form I-140 based on approved labor certifications before the 180 day validity period has elapsed. In instances where

the ending date of the labor certification’s validity period expires on a Saturday, Sunday, or legal holiday, USCIS will

accept petitions with the labor certification on the next business day. USCIS will reject petitions with expired labor

certifications filed after the next business day.

2. Ability to Pay Wage

Petitions which require job offers must be accompanied by evidence that the prospective U.S. employer has the ability

to pay the proffered wage. You may provide evidence in the form of copies of annual reports, Federal tax returns, or

audited financial statements.

In a case where the prospective U.S. employer employs 100 or more workers, you may submit a statement from a

financial officer of the organization that establishes ability to pay the wage. In appropriate cases, you may submit

additional evidence, such as profit/loss statements, bank account records, or personnel records.

NOTE: The U.S. employer must show the ability to pay the proffered wage from the date of filing of the labor

certification, or in cases where no labor certification is required, from the date of filing of the petition, also referred to

as the priority date, until the beneficiary becomes a lawful permanent resident.

3. Part 3. Information About the Person for Whom You are Filing. If the person is in the United States, provide

the following information in Item Numbers 13. - 16. Provide all information, as applicable. If U.S. Customs

and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival-Departure Record, provide your Form I-94

number and date that your authorized period of stay expires or expired (as shown on Form I-94). The Form I-94

number also is known as the Departure Number on some versions of Form I-94.

NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may

have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at

to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service.

Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013 with a passport

or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form

I-94 from the CBP website without charge. If your Form I-94 cannot be obtained from the CBP website, it may be

obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with

USCIS. USCIS does charge a fee for this service.

Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United Sates,

enter either the passport or travel document information in the appropriate space on the petition, even if the passport

or travel document is currently expired.

Form I-140 Instructions 01/17/17 N

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Instructions For Form I-140 - Immigrant Petition For Alien Worker Page 6