Key Takeaways
• 11 essential documents are required for a complete I-140 Petition to avoid delays and denials.
• The Department of Labor issues certified labor certifications needed for most EB-2 and EB-3 applications.
• Premium processing for I-140 costs $2,500 and accelerates processing to 21 calendar days.
Preparing a complete and well-organized I-140 Petition package is one of the most important steps for anyone seeking an employment-based green card in the United States 🇺🇸. Missing or incorrectly prepared documents can lead to delays, Requests for Evidence (RFEs), or even denials. This checklist provides a thorough, step-by-step guide to the 11 essential documents required for your I-140 Petition, where to obtain each document, how to format them, translation requirements, and common issues to avoid. Following these guidelines will help you submit a strong application and reduce the risk of setbacks.
1. Certified Labor Certification (Form ETA-9089)
Who Needs It:
Most EB-2 and EB-3 applicants must include a certified Labor Certification, unless applying under an exemption like the National Interest Waiver (NIW).
Where to Obtain:
Your employer must file Form ETA-9089 with the Department of Labor (DOL). Once approved, the DOL issues a certified copy, which is either the original or a duplicate.
Formatting Requirements:
– Submit the certified version, not a draft or uncertified copy.
– Ensure the form includes the updated sections: main form, four appendices, and the Final Determination.
– Double-check that the NAICS and SOC codes are accurate and complete. NAICS codes classify the employer’s industry, while SOC codes classify the job. Both codes must be six digits, with unused digits filled with zeros.
Translation Needs:
If any part of the Labor Certification or supporting evidence is in a language other than English, provide a certified English translation.
Common Issues:
– Submitting an uncertified or outdated form.
– Incorrect or missing NAICS/SOC codes, which can cause delays or denials.
– Using a copy instead of the certified original.
2. Proof of Employer’s Ability to Pay the Offered Wage
Who Needs It:
All I-140 petitions require proof that the employer can pay the wage from the priority date until the beneficiary gets permanent residence.
Where to Obtain:
– Federal tax returns: From the employer’s accounting or finance department.
– Audited financial statements: Prepared and certified by a Certified Public Accountant (CPA).
– Annual reports or business bank statements: From the employer’s finance team.
– For startups, documents like venture capital funding letters or approved lines of credit.
Formatting Requirements:
– Submit clear, complete copies.
– Highlight the relevant financial figures (net income, assets, etc.).
– If submitting a bank statement, include the account holder’s name and the statement date.
Translation Needs:
If any financial documents are in a language other than English, include a certified translation.
Common Issues:
– Submitting incomplete tax returns (missing schedules or pages).
– Financial statements not certified by a CPA.
– Outdated documents (older than the most recent fiscal year).
3. Job Offer Letter
Who Needs It:
All employer-sponsored I-140 petitions.
Where to Obtain:
The employer’s HR or legal department should draft and sign the letter.
Formatting Requirements:
– Use company letterhead.
– Include job title, detailed duties, salary, benefits, start date, and confirmation that the job is permanent and full-time.
– Signed by an authorized company representative.
Translation Needs:
If the letter is in a language other than English, provide a certified translation.
Common Issues:
– Missing details about job duties or salary.
– Not signed by an authorized person.
– Using generic or template letters without specifics.
4. Completed Form I-140
Who Needs It:
All applicants.
Where to Obtain:
Download the latest version from the USCIS I-140 Official Page.
Formatting Requirements:
– Fill out all sections completely and accurately.
– Include petitioner (employer) information: legal name, Employer Identification Number (EIN), mailing address.
– Clearly indicate the petition type (EB-1, EB-2, EB-3) and labor certification status.
– Provide full beneficiary information: legal name, date of birth, country of birth, current immigration status.
– Sign and date the form.
Translation Needs:
Not applicable, as the form must be completed in English.
Common Issues:
– Leaving required fields blank.
– Incorrect employer name or EIN.
– Failing to sign the form.
5. Beneficiary’s Educational Credentials
Who Needs It:
All applicants, especially for jobs requiring specific degrees or training.
Where to Obtain:
– Diplomas, degrees, and transcripts: From the beneficiary’s educational institutions.
– Credential evaluations: From recognized credential evaluation services if the education was completed outside the United States 🇺🇸.
Formatting Requirements:
– Submit clear copies of all documents.
– For foreign degrees, include a credential evaluation showing U.S. equivalency.
Translation Needs:
All foreign language documents must have a certified English translation.
Common Issues:
– Missing transcripts or degree certificates.
– Unofficial translations or evaluations.
– Submitting only diplomas without transcripts.
6. Evidence of Work Experience
Who Needs It:
Applicants whose job requires specific work experience.
Where to Obtain:
– Letters from previous employers, on company letterhead.
– Letters must be signed by authorized personnel and include contact information.
Formatting Requirements:
– Clearly state job title, duties, and dates of employment.
– Use official company letterhead.
– Include the name, title, and contact details of the person signing.
Translation Needs:
If the letters are not in English, provide certified translations.
Common Issues:
– Letters missing job duties or dates.
– Not on company letterhead.
– No contact information for verification.
7. Passport and Identification Copies
Who Needs It:
All beneficiaries.
Where to Obtain:
– Passport: From the beneficiary.
– U.S. visa or immigration status documents (e.g., H-1B approval notice, I-94): From the beneficiary or their immigration attorney.
Formatting Requirements:
– Provide clear, legible copies of the passport biographic page.
– Include copies of any current U.S. visa or status documents.
Translation Needs:
If any identification documents are not in English, provide certified translations.
Common Issues:
– Blurry or incomplete copies.
– Missing visa or status documents.
8. Evidence for Priority Worker or Extraordinary Ability Categories (if applicable)
Who Needs It:
Applicants under EB-1A (Extraordinary Ability) or National Interest Waiver (NIW) categories.
Where to Obtain:
– Awards, publications, and citations: From professional organizations, publishers, or online databases.
– Memberships: From professional associations.
– Letters of recommendation: From recognized experts in the field.
– Evidence of original contributions: From research institutions, employers, or patent offices.
Formatting Requirements:
– Organize documents by type (e.g., awards, publications).
– Include cover sheets or tables of contents for large submissions.
– Letters of recommendation should be on letterhead, signed, and include contact information.
Translation Needs:
All foreign language documents must have certified English translations.
Common Issues:
– Submitting only a few pieces of evidence.
– Letters lacking details about the beneficiary’s achievements.
– Unorganized or hard-to-follow submissions.
9. NAICS and SOC Codes Documentation
Who Needs It:
All employer-sponsored petitions.
Where to Obtain:
– NAICS codes: From the U.S. Census Bureau NAICS Codes page.
– SOC codes: From the Bureau of Labor Statistics SOC Codes page.
Formatting Requirements:
– Include the correct six-digit codes on the I-140 form and Labor Certification.
– Double-check that codes match the job and industry.
Translation Needs:
Not applicable.
Common Issues:
– Using outdated or incorrect codes.
– Leaving codes blank or incomplete.
10. Filing Fee Payment
Who Needs It:
All applicants.
Where to Obtain:
– Check, money order, or credit card payment (using Form G-1450): From the petitioner (employer) or their representative.
Formatting Requirements:
– The current fee for Form I-140 is $700 (verify on the USCIS I-140 Official Page for updates).
– Premium processing is available for an extra $2,500 (as of mid-2025), which speeds up the process to 21 calendar days.
– Make checks or money orders payable to “U.S. Department of Homeland Security.”
– Attach payment to the top of the petition package.
Translation Needs:
Not applicable.
Common Issues:
– Incorrect fee amount.
– Checks not signed or made out to the wrong payee.
– Missing payment form for credit card payments.
11. Additional Supporting Evidence Specific to the Employment Category
Who Needs It:
Varies by employment-based category.
Where to Obtain:
– Advanced degree or professional license: From the beneficiary or licensing authority.
– Business operations documents (e.g., business licenses, office leases): From the employer.
– Proof of self-petition eligibility (for EB-1A or NIW): From the beneficiary.
Formatting Requirements:
– Submit clear, complete copies.
– Organize documents by type and include a table of contents if submitting many items.
Translation Needs:
All foreign language documents must have certified English translations.
Common Issues:
– Missing required evidence for the specific category.
– Submitting expired licenses or outdated documents.
Translation and Certification Requirements
All documents not in English must be accompanied by a certified English translation. The translator should certify that the translation is complete and accurate, and provide their name, signature, and date. Uncertified translations can result in RFEs or denials.
Document Formatting Tips
- Use clear, legible copies—avoid dark or blurry scans.
- Organize documents in the order listed on the USCIS instructions.
- Use tabs or cover sheets to separate sections.
- Number pages and include a table of contents for large submissions.
- Do not staple original documents unless instructed.
Common Document Issues and How to Avoid Them
- Missing or outdated forms: Always download the latest forms from official government websites.
- Incomplete information: Double-check all fields, especially on Form I-140 and Labor Certification.
- Uncertified translations: Use a professional translation service and include the required certification statement.
- Incorrect NAICS/SOC codes: Use the official government resources to select the correct codes.
- Unorganized submissions: Use a checklist and organize documents clearly to help USCIS officers review your case efficiently.
Recent Developments and Processing Times
As of June 2025, the median processing time for regular I-140 petitions is about 7.7 months. Premium processing can reduce this to 21 days. The Department of Labor’s processing times for PERM Labor Certifications have improved, with most cases from January to March 2025 being processed. There have been no major policy changes in 2025, but USCIS stresses the importance of accurate NAICS and SOC codes to avoid delays. Biometric appointments may be required for identity verification during I-140 processing.
Practical Guidance for Petitioners and Beneficiaries
- Accuracy and completeness are key. Missing documents or errors are the top reasons for RFEs or denials.
- Employers must keep up-to-date financial records and be ready to prove their ability to pay the offered wage.
- Self-petitioners (EB-1A and NIW) need to provide strong evidence of their qualifications and eligibility.
- Translations must be certified and complete.
- Legal counsel is highly recommended due to the complexity and changing requirements.
Official Resources
- For the latest forms, instructions, and fee updates, always use the USCIS I-140 Official Page.
- For Labor Certification processing times, check the Department of Labor PERM Processing Times.
- For NAICS and SOC codes, use the official U.S. Census Bureau NAICS Codes and Bureau of Labor Statistics SOC Codes.
Expert Advice
According to analysis by VisaVerge.com, the most common reasons for I-140 delays are missing Labor Certification documents, incomplete financial evidence, and incorrect NAICS or SOC codes. Immigration attorneys stress the need for careful preparation and organization to avoid costly setbacks. Demand for premium processing remains high as applicants look to speed up their cases amid ongoing backlogs.
Action Steps and Takeaways
- Use this checklist to gather and organize all required documents before filing your I-140 Petition.
- Double-check each item for accuracy, completeness, and proper formatting.
- Ensure all translations are certified and all codes are correct.
- Consult official government resources for the latest updates and instructions.
- Consider seeking legal advice to help prepare your petition and avoid common mistakes.
By following these steps and preparing each document carefully, you can help ensure a smoother, faster I-140 Petition process and improve your chances of success in obtaining permanent residence in the United States 🇺🇸.
Learn Today
I-140 Petition → An immigration form filed by employers to request permanent work-based residency for a foreign worker.
Labor Certification → An official approval from the Department of Labor confirming no qualified U.S. workers are available for the job.
NAICS Codes → Six-digit codes classifying the employer’s industry for statistical and regulatory purposes.
SOC Codes → Six-digit codes classifying a job occupation according to the Bureau of Labor Statistics.
Request for Evidence (RFE) → A USCIS notice asking an applicant to provide additional documentation or information.
This Article in a Nutshell
Submitting a precise I-140 Petition, including certified Labor Certification, proof of employer’s ability to pay, and complete forms, is vital to avoid delays in employment-based green card processing.
— By VisaVerge.com
