Step Two: Petitioning Immigration for the Appropriate Classification

Once all the appropriate documentation has been gathered and any required certifications from the Department of Labor have been obtained, the Petition for Immigrant Worker (Form I-140) can be filed with USCIS. When CUA sponsors the permanent residency petition, the Form I-140 is prepared by International Student and Scholar Services for signature by the Provost or the appropriate Vice President. If the University has gone through the Labor Certification process, then the I-140 must be filed within 180 days of the approval of the Labor Certification.

The Immigrant Visa Petition is essentially a request by the University for USCIS to make a determination that the beneficiary of the petition, the international employee, be deemed eligible for a particular employment-based green card classification. That is the only thing that the petition does. It does not grant an extension of work permission or legal status for the individual. Therefore, it is important that the individual and his/her dependents maintain his/her legal status.

The Form I-140 is filed with the Regional Service Center having jurisdiction over the place of employment and is accompanied by the filing fee and any supporting documentation needed to establish eligiblity for the classification sought. Individuals whose priority dates are current may be eligible for concurrent filing of the Adjustment of Status application.

Government processing of an I-140 may take some time.

Step Three: Apply to be an Immigrant