We are delighted to share that our firm recently helped a client secure approval of an I-140 petition for one of their long-time employees.  An I-140 approval marks a significant milestone in the immigration journey towards obtaining an employment-based green card.  Based on the I-140 approval, we were able to transition our client back to H-1B status from F-1 student status.  We look forward to completing the journey and handing the Beneficiary and his family their green cards!

What is the I-140 Petition?

The employment-based green card process typically requires a petition from the employer detailing their ability to pay the offered wage as indicated in the PERM labor certification and the Beneficiary’s qualifications for the position.  

Initiated by an employer, the process begins with the acquisition of a Labor Certification from the Department of Labor, affirming the scarcity of qualified U.S. workers for the position. Subsequently, with the assistance of our firm, the employer files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). This petition underscores the qualifications of the foreign national, the financial capability of the employer to meet the offered wage, and the alignment with one of the employment-based preference categories—EB-2, or EB-3. USCIS meticulously reviews the petition, assessing eligibility and adherence to immigration regulations, before rendering a decision. Once approved, the I-140 establishes a priority date, positioning the foreign national in the queue for an immigrant visa and setting the stage for the final steps in the green card application process.

 

 

Our Client’s Story

Given lengthy processing times for the labor certification process, the sponsored employee maxed out time allowed in H-1B status.  To remain in the United States and continue to work, our firm counseled the employing organization and the Beneficiary to facilitate transition to another temporary status while we waited for PERM labor certification from the Department of Labor.  We also worked closely with the sponsoring organization (our client) and the Beneficiary to obtain all documents, draft written arguments, and organize a petition in time to file the Form I-140 and give the Beneficiary an opportunity to return to H-1B status.  With H-1B status the Beneficiary could continue to work for our client.  Within months, our client will proceed with the final steps of the green card process.  They will work with us to file an Adjustment of Status Application for the Beneficiary and his family.  

 

Conclusion

The green card process, delays in government processing times, and other obstacles the green card process to be stressful and complicated.  Agarwal Law Group prides itself in the ability to develop various immigration strategies to allow valuable employees to continue working with organizational clients.  We also work with Beneficiaries to assess immigration goals and develop plans to maintain status and position them to be successful in obtaining the employment-based green card for themselves and their family members.

Our client’s success is a shared victory, and it motivates us to continue providing unwavering support to individuals and businesses navigating the complexities of immigration law. As we celebrate this accomplishment, we look forward to assisting more clients in achieving their immigration goals and fostering a community where dreams of a brighter future become a reality.