Documents Needed for I-140 Filing After PERM Approval

Key Takeaways

• File Form I-140 within 180 days of PERM approval or certification will expire.
• Both employer and employee must provide extensive proof, including wage, credentials, and employment history documents.
• Missing or mismatched documents can trigger Requests for Evidence from USCIS and delay the green card process.

Once your PERM (Labor Certification) is approved, you’re one step closer to gaining permanent residency in the United States 🇺🇸 through an employment-based green card. The next key step is preparing and filing Form I‑140, also known as the Immigrant Petition for Alien Worker. This stage is vital, because it proves both the employer’s willingness and ability to hire, as well as your readiness and eligibility for the job.

Completing the I-140 process can seem complicated, but with careful organization and attention to detail, you can move forward with confidence. Below, you’ll find a thorough, step-by-step breakdown of the exact documents you and your employer need to gather after PERM approval. This comprehensive checklist will guide you through each part, highlighting deadlines, common mistakes to avoid, and extra tips for a smooth journey.

Last Updated: June 2024

Why Are These Documents Important?

Each document serves a purpose. United States Citizenship and Immigration Services (USCIS) needs to verify, with clear proof, that:
– The employer has followed the rules in hiring a foreign worker,
– The employer can actually pay the worker’s salary, and
– The worker (you) is truly qualified for the job offered.

If any piece is missing, incomplete, or mismatched, the whole process can slow down or even be denied. So getting this right is crucial.

Document Checklist for I-140 Filing After PERM Approval

A. Employer Documents

1. Certified PERM Labor Certification (ETA Form 9089)
– What is it? The original, signed “Final Determination” PERM document (also called ETA 9089).
– Why does USCIS want this? It proves the job was offered fairly and U.S. workers had a chance to apply.
– Tip: This must be the official, signed version. Copied or unsigned forms are not enough.

2. Proof the Employer Can Pay the Wage
– How? Submit at least one of:
– Federal tax returns (most recent year)
– Audited annual financial reports
– Official company annual reports
– Profit & Loss Statements and Balance Sheets
– Why? This shows the company is strong enough to actually pay what’s promised.
– Details: Documents should cover the period from the date the PERM was filed until the I-140 is decided. If the company is large (100+ workers), a letter from the chief financial officer is generally accepted.

3. Job Offer Letter
– What should be in it?
– Job title
– Main duties
– Salary offered
– Start date (or mention that employment will start after approval)
– Worksite location
– Why is this needed? Proves the job is real and matches the position described in PERM.
– Tip: The letter should be signed by a person in charge, like an HR director.

4. Other Employer Documents
– Organizational chart (optional, but helpful for big companies)
– Company brochures or website printout showing what the company does (sometimes requested)

Notes:

• If the employer is going through financial difficulties, extra paperwork may be needed to explain how they plan to pay the offered wage.
• Always use the name and address exactly as in the PERM approval.

B. Employee (Beneficiary) Documents

1. Proof of Education and Credentials
– What counts?
– Diplomas, degree certificates
– Academic transcripts (breakdown of courses & grades)
– If studies were completed outside United States 🇺🇸 — a detailed credentials evaluation (shows U.S. degree equivalency)
– Certified translation for any non-English document
– Why? USCIS checks if you meet the job’s minimum education requirements from the PERM application.
– Tip: If your degree does not exactly match the job’s field, include proof of related courses or training.

2. Resume or Curriculum Vitae (CV)
– Up-to-date, showing:
– All work history
– Education
– Any professional licenses or awards
– Why? Gives a summary for officers to quickly review your background.

3. Proof of Prior Work Experience
– Letters from past employers on the company’s official letterhead, explaining:
– Exact job titles
– Dates worked (month & year)
– Main duties performed
– Supervisor’s name and contact info
– Special Note: If your PERM Labor Certification listed “X years of experience required,” proof of every year is essential.
– Tip: If a letter can’t be obtained (company shut down, etc.), try to use affidavits (sworn statements) from former coworkers who knew your role.

4. Valid Passport Copy
– Main page(s) with name and photo.
– Include old passport pages if they show U.S. entry stamps or past visas.

5. Immigration Status Documents
– Any visa approval notices (I-797 forms)
– Latest I-94 travel record (shows status and last entry)
– EAD card (if applicable)
– SEVIS forms (for F or J student/exchange visas) like I-20, DS-2019, or IAP-66
– Prior visas used to enter United States 🇺🇸
– Important: These documents prove you’re in the country legally or have valid immigration history.

C. Forms and Payment

1. Completed Form I-140:
– Download from Form I-140, Immigrant Petition for Alien Worker (official USCIS page).
– Make sure all answers match those on PERM ETA-9089.

2. Filing Fee Payment:
– As of April 2025, the basic fee is $700.
– Payment can be from either employer or worker (unlike the PERM fee).
– Provide a check or money order payable to “U.S. Department of Homeland Security” unless electronically filing.

3. Legal Representation (if any):
– If you have a lawyer, include Form G-28 (Notice of Entry of Appearance). Get it at the G-28 official page.

D. Special Situations & Additional Items

• Concurrent Filing: If you’re eligible to file Form I-485 (Adjustment of Status) at the same time, you’ll need personal civil documents (birth certificate, marriage certificate, etc.) as well.
• Premium Processing: If you want fast review, add Form I-907 (official form) and its separate fee. This is optional and speeds up the I-140 decision.
• If you’ve ever had a previous I-140 or labor certification denied: Include those decisions and explanations if possible.

Time Frames and Tips

• PERM Approval to I-140 Deadline: Try to file Form I-140 within 180 days (6 months) after receiving your certified PERM. The certification expires if not used in this time.
• Translations and Evaluations: These can take weeks – start immediately if you have foreign documents.
• Company Tax Documents: Employers should plan ahead to have the latest tax paperwork and reports organized.
• Document Order: Place paperwork in the logical order recommended by USCIS for easier review.

Sample Table — Who Prepares What?

Common Issues and USCIS Requests for Evidence (RFEs)

Sometimes, even if you send all required documents, USCIS may ask for more proof (known as a “Request for Evidence” or RFE). This usually happens when:
– Letters about past work don’t clearly prove your job duties or timeframes
– Financial documents are out of date or missing pages
– Translations are not certified or are missing
– Academic evaluations do not clearly say your degree equals a needed U.S. degree

To avoid these problems:
– Check that all work letters are detailed and specific.
– Double check translations and evaluations.
– Use official company documents, not generic letters.

Remember, the I‑140 petition is your employer’s way of proving to the government that you should be allowed to stay based on your job and skills. If there are any small errors or missing items, it can delay your green card, sometimes for months.

What To Do Once You’ve Collected All Documents

• Organize Your Packet: Place all documents in order, with tabs or covers if possible.
• Double Check: Have both you and your employer review everything for completeness and consistency.
• Send Originals Where Needed: Do not send original diplomas or personal papers unless specifically asked.
• Retain Copies: Always keep copies of every single document and form sent.
• Mail Securely: Use a secure, trackable shipping method to send your I-140 packet to the specified USCIS address.

Useful Resources

• USCIS: Petition Filing and Processing Procedures for Form I-140 – Official page for I‑140 instructions and updates.
• Checklist of Required Evidence for Form I-140 (USCIS)
• VisaVerge.com: Detailed Analysis on the PERM and I-140 Process – Offers a step-by-step guide and recent updates, as reported by VisaVerge.com.

Final Thoughts

The I-140 and PERM Labor Certification are core steps for skilled professionals seeking work-based residency in United States 🇺🇸. Getting your document packet right means fewer delays and a better shot at a positive decision. Always read the latest official USCIS guidance, because requirements and fees can change. If you have any doubts, check with an experienced immigration advisor or lawyer.

Remember to stay organized, be precise, and don’t leave things to the last minute—especially with expiry dates and official signatures. For more help, official USCIS resources are always just a click away. Good preparation now can mean a smoother journey to your American dream.

Learn Today

PERM (Labor Certification) → A process that certifies no qualified U.S. worker is available for a particular job, required for most employment-based green cards.
Form I-140 → The Immigrant Petition for Alien Worker; employers file this to sponsor a foreign worker for permanent residency.
USCIS → United States Citizenship and Immigration Services, the agency that processes immigration and naturalization petitions.
Request for Evidence (RFE) → A formal USCIS request for missing or insufficient documentation to support your application.
Credentials Evaluation → A professional analysis equating foreign academic degrees to their U.S. equivalents for immigration purposes.

This Article in a Nutshell

After PERM approval, submitting Form I-140 is crucial for your employment-based green card. Accuracy matters—both you and your employer must gather detailed documentation, including credentials and financials. Careful preparation, clear translations, and timely filing ensure your application progresses smoothly. Avoid delays by checking every requirement twice before sending your packet.
— By VisaVerge.com

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