Instructions For Form I-140 - Immigrant Petition For Alien Worker (Page 5 of 10) in pdf

6. A U.S. employer filing for a skilled worker (Part 2., Item Number 1.f. on the petition) must file the petition with:

A. A labor certification (see the General Evidence section of these Instructions); and

B. Evidence that the alien meets the educational, training, or experience and any other requirements of the labor

certification (the minimum requirement is two years of training or experience).

7. A U.S. employer filing for an unskilled worker (Part 2., Item Number 1.g. on the petition) must file the petition

with:

A. A labor certification (see the General Evidence section of these Instructions); and

B. Evidence that the beneficiary meets any education, training, or experience requirements required in the labor

certification.

Amended Petitions

If this petition is being filed to amend a previously filed Form I-140, select Item Number 2.a. in Part 2., “To Amend a

Previously Filed Petition,” and fill in the receipt number of the previously filed petition in the space provided. This will

assist USCIS in determining whether we may accept the petition for filing and provide the location of the previously filed

petition for case matching purposes.

Information on Spouse and All Children of the Person for Whom You Are Filing

Part 7. Information on Spouse and All Children of the Person for Whom You Are Filing. Form I-140 requires

information about the dependent spouse and children of the alien beneficiary of the petition to assist in visa processing

and in order for USCIS to better determine the demand for employment-based immigrant visas at the time of filing Form

I-140.

NOTE: An annotation of a dependent’s intention to either apply for adjustment of status or an immigrant visa abroad in

Part 7. of Form I-140 is not binding, but should reflect the dependent’s intent at the time of filing of Form I-140.

IRS Tax or Social Security Numbers

With the exception of the categories for alien of extraordinary ability (Part 2., Item Number 1.a.) and National Interest

Waiver (Part 2., Item Number 1.i.), all Form I-140 visa preference categories require a permanent job offer from a U.S.

employer and the U.S. employer must file Form I-140. All U.S. employers filing petitions in which a permanent job

offer is required must have either an IRS Tax Number or a Social Security Number and must provide that nine

digit number in Part 1. of Form I-140, or USCIS will reject Form I-140 with a notice that it is deficient.

General Evidence

1. Labor Certification

You must file petitions for certain classifications with an original individual labor certification from the U.S.

Department of Labor (DOL) or with documentation to establish that the alien qualifies for one of the shortage

occupations designated in Group I or II of the DOL’s Schedule A. If an individual labor certification is required, then

you must submit the original individual labor certification with the petition, unless the original labor certification was

already provided to USCIS in support of a different petition, or the petitioner selects “Yes” for Item Number 8. in

Part 4., asking USCIS to request a duplicate original certification from the DOL.

Form I-140 Instructions 01/17/17 N

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Instructions For Form I-140 - Immigrant Petition For Alien Worker Page 5