The Form I-140 immigrant petition is an important step for obtaining a green card in the United States. However, going through the I-140 process can be complex. Issues with the forms, evidence, employment requirements, and other eligibility criteria are not unusual. Being aware of common I-140 problems and techniques to address them will help get your petition back for approval.
Incomplete or Inaccurate Forms
One major issue is making mistakes or leaving out information from Form I-140. The USCIS won’t approve a form that is missing information or includes mistakes. They’ll send it back, which will delay the whole process. It is necessary to double-check all your answers and paperwork.
Read each question carefully, paying close attention to even the smallest details, including names, birth dates, addresses, dates of employment, job titles, and A-numbers from other USCIS documents. It also pays to have a second person to proofread and help spot mistakes.
Another common problem is missing questions, so make sure you fill out everything. Submitting a form with blank answers will cause your form to be rejected, and the USCIS will scrutinize your application even more closely, slowing your petition. It may even result in a denial.
Also, check that you’re using the right version of the form since form I-140 was recently updated. Older versions can still be found online, so be sure to get the newest form directly from the USCIS website.
Finally, make sure that you sign form I-140. As easy as it is to sign a paper, many people often forget to complete this important step.
Labor Certification Issues
For employment-based I-140 petitions, having an approved Labor Certification is mandatory in most cases. Problems can occur when details between the Labor Certification and I-140 don’t match.
Closely compare the job title, duties, experience requirements, educational background, and specialty occupation on the approved Labor Certification to what is listed on your I-140 paperwork. Identify any differences in advance. Information should be an exact match, or USCIS may return or deny your petition.
If changes must be made to align with the approved Labor Certification, amend the I-140 before submission. Get written confirmation of updates from your sponsoring employer, too.
Insufficient Evidence of Qualifications
Failing to provide adequate proof of your qualifications for the sponsored job can also block or delay I-140 approval. Form I-140 has a long list of possible supplemental documents that can substantiate your credentials, skills, and background.
This evidentiary paperwork may include the following:
- College diplomas and academic transcripts
- Professional licenses and certifications
- Specialized training certificates
- Awards and industry recognition
- Publications listing your contributions
- Letters from past employers detailing experience
Pay careful attention to what documentation clearly demonstrates your suitability for the position. Be thorough and provide an abundance of evidence. If you don’t have sufficient supplementary records, it can lead to denial.
Problematic Employer Sponsorship
The company sponsoring the applicant must also provide important information. If the USCIS finds any reason to question any aspect of the job offer or the legitimacy of the job offer, it can lead to problems.
The employer must prove they can afford to pay you the offered wage from the time you got your PERM Labor Certification until you receive a green card. USCIS will confirm if the financial information supports the employer’s salary claims. They should include as much confirmation of their finances as possible.
Additionally, USCIS evaluates if the job opportunity in question will actually last for an extended period. Provide contract details, company project timelines, business plans for growth, or other evidence that proves it is a legitimate, long-term opportunity.
Strategies to Effectively Overcome Form I-140 Challenges
No matter how hard you try, you may experience I-140 challenges. If this happens, don’t panic. Stay calm and get assistance. Here is what to do next:
Get Expert Help
Trying to go through the Form I-140 process on your own can be overwhelming, which is why hiring an experienced immigration attorney might be your best option. It is important to have someone that is experienced with Form I-140.
An immigration attorney will explain your legal options and the best course of action. Your attorney can also reopen denied cases, file appeals or motions on your behalf, represent you if an interview with USCIS is requested, and keep forms accurate across all steps from Labor Certification throughout the process of getting your green card.
Act Quickly on Requests for Evidence (RFEs)
Instead of outright denial, USCIS sometimes issues RFEs to request additional documentation if your original I-140 petition materials are insufficient. Responding correctly before the deadline is necessary to keep your petition active.
Immediately contact your employer or attorney for guidance when you receive an RFE, and submit a satisfactory supplemental response by the due date. Prompt reactions to RFEs save more petitions than any other strategy.
Consider Refiling Your Petition
If your case has been denied due to problems with filling out your form or providing inadequate overall evidence, promptly refiling your I-140 with amended and improved information may be your best option.
Before resubmitting, make sure that all the details reflect consistent and accurate information that adheres to Labor Certification requirements. And, of course, make sure you have answered all the questions.
Turn to Pride Immigration for Trusted Guidance for Form I-140 and Beyond
Pride Immigration’s team understands the common pitfalls associated with Form I-140 petitions and the immigration process. We provide guidance based on our extensive experience to help you navigate potential challenges.
Pride Immigration offers guidance to help clients navigate the I-140 process. Contact us today at (703) 594-4040 or schedule a consultation online to discover how we can assist you.
Beeraj Patel, Esq.
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