Wisconsin Immigration Law: What to Know About the I-140 Immigrant Petition

Wisconsin Immigration Law: What to Know About the I-140 Immigrant Petition

The I-140 Immigrant Petition is a crucial step for foreign nationals seeking to obtain a Green Card through employment in the United States. Understanding Wisconsin immigration law regarding the I-140 process is essential for both employers and prospective employees. This article explores the key aspects of the I-140 Immigrant Petition, its significance, and what individuals should know about navigating this legal framework in Wisconsin.

What is the I-140 Immigrant Petition?

The I-140, or Immigrant Petition for Alien Worker, is a form submitted to U.S. Citizenship and Immigration Services (USCIS) that allows an employer to sponsor a foreign worker for permanent residency. This petition typically follows the labor certification process, where the employer proves that no qualified U.S. workers are available for the position. In Wisconsin, as in other states, the I-140 is an essential component of the employment-based immigration process.

Categories of I-140 Petitions

The I-140 petition is categorized into various employment-based classifications:

  • EB-1: This category is for priority workers, including individuals with extraordinary abilities, outstanding professors/researchers, and multinational managers and executives.
  • EB-2: Designed for professionals with advanced degrees or exceptional abilities in their field.
  • EB-3: This classification is for skilled workers, professionals, and other workers.

Employers in Wisconsin looking to file an I-140 petition must first identify under which category the foreign worker qualifies based on their skills and qualifications.

Eligibility Criteria

To file an I-140 petition successfully, both the employer and the foreign worker must meet specific eligibility criteria. Employers must demonstrate:

  • The ability to pay the proffered wage as indicated in the labor certification.
  • A genuine job offer for a permanent, full-time position.

On the other hand, the foreign worker must provide sufficient documentation proving they meet the educational and professional requirements for the position.

Filing Process

The I-140 filing process consists of several steps:

  1. Gather necessary documentation, including the labor certification and evidence of the employee's qualifications.
  2. Complete Form I-140 and submit it to USCIS along with the appropriate filing fee.
  3. Respond to any Requests for Evidence (RFEs) issued by USCIS, if necessary.

Once filed, the I-140 petition may take several months to be processed. Petitions are usually adjudicated within 6 to 12 months, depending on various factors, including the service center's workload.

Premium Processing

Wisconsin employers have the option to utilize premium processing for an additional fee, allowing for expedited processing of the I-140 petition, typically within 15 calendar days. This can be beneficial for employers needing to fill positions quickly.

After Approval

Once the I-140 petition is approved, the foreign worker can proceed with applying for a Green Card, either through adjustment of status if they are already in the U.S. or through consular processing if they are outside the country. The timing for this step largely depends on the visa backlog in their respective category.

Conclusion

Navigating the I-140 Immigrant Petition process is a significant part of Wisconsin immigration law for employers and foreign workers. Understanding the eligibility criteria, the filing process, and what comes after approval can help streamline the journey toward permanent residency. For further assistance, consulting with an immigration attorney knowledgeable about Wisconsin's specific laws and procedures is highly recommended.