Form I-140 is an important milestone in the green card process for applicants looking to enter the U.S. based on employment. Its approval shows that a U.S. employer or foreign national has proven they meet the qualifications for an employment-based immigrant visa.
Many see obtaining the approved I-140 as overcoming one of the largest challenges to receiving permanent residency. However, sometimes USCIS denies form I-140 petitions.
Reasons for denial often include insufficient evidence, lack of qualifications, or issues with the employer. If you receive a denial notice for your I-140, there are a few options for moving forward.
Reapply for the Form I-140
One choice is to reapply for the form I-140 visa petition. There are no limits on the number of times you can resubmit the I-140. When reapplying after a previous denial, it is essential to carefully review the reasons why USCIS rejected the initial petition.
They often disclose what exactly was missing or what qualifications were not met in the first application. Use this feedback when preparing your second I-140 petition.
For example, if the denial stated your employer did not supply adequate evidence of their ability to pay the offered wage, make sure to include additional detailed documents proving financial health. Or if the form indicated you did not prove possession of a required college degree, obtain your transcripts to add to the new filing.
Do not just resubmit an identical application. That will likely lead to the same result. In addition to fixing the gaps mentioned in the denial notice, look for other areas to improve your updated petition.
Work closely with your employer or attorney to find other documentation, skills, achievements, or qualifications you can include to make a stronger case for approval the second time around.
Appealing a Rejected Form I-140
Beyond resubmitting your paperwork to USCIS directly, you can also appeal a denied I-140 petition. This involves asking the US government to review their decision and correct any potential mistakes in rejecting your application.
To file an appeal, you must submit Form I-290B Notice of Appeal or Motion. The completed form, along with all supporting materials and the fee, must arrive at USCIS within 30 calendar days of receiving your original I-140 denial notice.
Make sure that you send all documents to the precise USCIS lockbox address handling appeals for your state of residence. As part of your written brief, clearly explain why you believe USCIS made a mistake in refusing your petition.
Provide credible reasons why their conclusions are faulty or fail to correctly apply current immigration laws and policies to your situation. Including additional evidence as allowed can further back up your reasoning.
All appeals go to the Administrative Appeals Office (AAO) for review. The AAO studies your entire case file, including new information provided, and takes a fresh look at your situation without any original subjective decisions.
If the AAO finds the first USCIS officer incorrectly rejected your materials according to official statutes, they can overturn the denial verdict. This would order USCIS to approve your I-140 employment-based immigrant petition.
However, if the AAO reviewer finds no issues with the initial denial, they will uphold the rejection. Unfortunately, this eliminates additional options for dispute within USCIS. You would then need to start the permanent residency process over again.
Appealing a denied I-140 can fix USCIS errors without fully restarting the green card application. However, be aware that processing appeal cases often takes quite some time. Published estimates currently show around six months for an appeal decision, but most applications take longer.
Explore Other Immigration Avenues
If your form I-140 remains denied after appeals and multiple resubmissions, your employment-based green card pathway may be permanently stalled. Repeated rejections typically signify some underlying factor USCIS finds unresolvable with your application specifics.
While certainly disappointing after investing significant effort, a perpetual I-140 denial does not necessarily end your opportunities to work or live legally within the United States. Other potential options include:
Switching Visa Categories
In certain situations, you may qualify for other non-employment-based immigrant visas allowing U.S. residency. Common alternatives include family-based green cards if you have close relatives who are citizens or current permanent residents. Diversity lotteries, asylum protection, or special visas for victims of crime or human trafficking can provide additional paths, too.
While you cannot work under some of these categories, they do offer options to enter and remain legally in America long-term. Qualified immigration attorneys can assess your background to identify if other immigrant visa avenues match your personal history.
Obtain or Extend a Non-Immigrant U.S. Visa
Challenges with your employment-based green card application do not require you to leave the United States immediately, either. If you currently hold a non-immigrant work visa, such as the H-1B or L-1, you can speak with your company’s immigration legal counsel about extending your status.
This extension gives you more time to consider other paths to long-term residency if your specific role or employer struggles to qualify you for permanent status outright.
Return Home Temporarily
Alternatively, you may elect to return to your home country after too many unsuccessful attempts for U.S. permanent residency. Take time to be with family or explore other regions of the world. Many find new life experiences overseas refreshing after dealing with years of complicated immigration processes stateside.
Trust in Pride Immigration’s Expertise to Assist with Your Form I-140 Denial
Receiving the unfortunate news that your form I-140 has been declined can feel devastating, especially if you have spent years chasing the American dream through an employment-linked pathway to permanent residency.
But do not lose hope. While USCIS denials cause major delays, all is not lost. Every applicant’s situation is different, and there are always alternatives, which is where immigration professionals can help.
Pride Immigration has assisted numerous clients with denied form I-140 petitions. Contact us today at (703) 594-4040 or via our site to schedule your initial legal consultation and start considering ways forward after your I-140 setback.
Beeraj Patel, Esq.
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