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  • What does it mean when I 140 is approved?

    表格 移民 这是

    Questioner:Julian Patel 2023-06-17 08:08:53
The most authoritative answer in 2024
  • Mia Roberts——Studied at Stanford University, Lives in Palo Alto, CA

    As an expert in immigration law and procedures, I can provide a comprehensive understanding of what it means when a Form I-140, Immigrant Petition for Alien Worker, is approved by the United States Citizenship and Immigration Services (USCIS).
    When an I-140 petition is approved, it signifies a critical milestone in the process of obtaining lawful permanent residence, commonly known as a green card, in the United States. Here's a breakdown of the implications and subsequent steps after an I-140 approval:

    1. Employer Sponsorship: The approval indicates that the prospective employer has successfully demonstrated to the USCIS that the job offered to the alien worker meets the criteria for a specific employment-based preference category.

    2. Validation of Qualifications: It also validates the alien worker's qualifications and skills, showing that they are in demand within the U.S. job market and possess the necessary expertise for the position.

    3. Priority Date: With the approval, the alien worker receives a priority date, which is essentially the date the I-140 petition was filed. This date is crucial as it determines the worker's place in the queue for the limited number of visas available each fiscal year under the annual numerical limits.

    4. Visa Availability: The approval does not immediately grant the alien worker a green card. They must wait until a visa number is available based on their priority date and the employment-based preference category.
    5. **Adjustment of Status or Consular Processing**: Once a visa number is available, the alien worker can either file for an adjustment of status if they are already in the U.S., or they can go through consular processing if they are outside the U.S. at the time of visa availability.

    6. Family Members: The approval often allows derivative beneficiaries, such as the spouse and unmarried children under 21, to also apply for their green cards, subject to the same preference category and availability of visas.
    7.
    Job Portability: In some cases, the approval of the I-140 can provide job portability, allowing the alien worker to change jobs or employers under certain conditions without jeopardizing their path to a green card.
    8.
    Protection Against Deportation: An approved I-140 can offer some protection against deportation for the alien worker, especially if they are in a precarious immigration status.
    9.
    Port of Entry: For those who need to enter the U.S., the approval can facilitate a smoother entry process at the port of entry, as it demonstrates a clear intention and pathway to permanent residence.
    10.
    Future Immigration Benefits: The approval can also serve as a foundation for future immigration benefits, such as family-based sponsorships or naturalization.
    It's important to note that the approval of an I-140 does not guarantee a green card, as the individual must still go through the entire process of visa application and meet all the requirements for a green card. Additionally, changes in immigration law or policy can affect the process and timeline.
    In conclusion, the approval of Form I-140 is a significant step forward for an alien worker and their family in their journey towards U.S. permanent residency. It is a testament to the employer's commitment and the worker's qualifications, and it opens the door to a range of opportunities and benefits within the U.S. immigration system.

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    +149932024-04-25 07:31:44
  • Ethan Ross——Works at SpaceX, Lives in Los Angeles. Graduated from California Institute of Technology (Caltech) with a degree in Aerospace Engineering.

    Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Services (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. ... It is one of the USCIS immigration forms.read more >>
    +119962023-06-17 08:08:53

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