Caroline Ostrom, Minneapolis business immigration attorney, assists employers with every step of the I-140, Immigrant Petition for Alien Worker. Form I-140 is typically filed with USCIS upon receiving an approved labor certification from the Department of Labor and is the second of three steps necessary for a green card through employment. For I-140 filings that do not require the labor certification process, please see our pages on EB-1A and EB-1B, EB-1C, or EB-2 National Interest Waiver. We encourage you to contact us if you need legal advice regarding form I-140.

Requirements for I-140 after PERM (Labor Certification)

For a successful I-140 petition, the employer must prove the ability to pay the offered wage for the position, from the priority date (the date the labor certification was filed) to the time of filing the I-140 Petition. Ostrom Law Office evaluates the case prior to beginning the PERM process to ensure that the company can demonstrate ability to pay at the I-140 stage, through company taxes, the employee’s W-2s, or other financial documentation.

The I-140 petition must also demonstrate that the employee met all of the requirements for the position, as set forth in the approved labor certification, prior to the priority date. This often includes evidence of education (e.g., diploma, transcripts, and education evaluations) and letters or affidavits from prior employers, attesting to the employee’s experience. We assist employers prior to beginning the labor certification process to confirm that employees will be able to provide this proof at the I-140 stage and assist with letters of experience and education evaluations, when necessary.

How Our Minneapolis Immigration Attorney Can Help

Ostrom Law Office helps employers evaluate whether a particular set of employment circumstances is suitable for the PERM/I-140 process. If so, we assist employers in providing the proper documentation, ensuring all timelines are met, and submitting the application directly to USCIS.

Based in Minneapolis, our immigration team works with employees and companies in the Twin Cities and throughout the globe. We welcome you to contact Ostrom Law Office for assistance with your immigration matter.