USCIS Updates Form I-140 Process: Key Changes for Employers and Foreign Workers

In a recent development aimed at streamlining immigration processes, the U.S. Citizenship and Immigration Services (USCIS) has introduced new guidelines affecting the submission of Form I-140, Immigrant Petition for Alien Workers.

This announcement, detailed in a Federal Register notice, outlines key updates concerning permanent labour certifications, Schedule A applications, and National Interest Waiver (NIW) requests.

Understanding Form I-140

Form I-140 is a crucial immigration document filed by an employer on behalf of a foreign worker seeking to obtain a green card (lawful permanent residence) in the United States. It essentially petitions the U.S. government to approve the employment of the foreign worker.

New Procedures Introduced

The Department of Labor (DOL) implemented the Foreign Labor Application Gateway (FLAG) system on June 1, 2023. This modernized system includes updates to the Application for Permanent Employment Certification (Form ETA-9089).

The revised Form ETA-9089 now collects more detailed information, including:

• Specific worksite locations
• Telecommuting options
• Qualifications of foreign workers

These updates aim to enhance the accuracy and transparency of job certifications.

Simplified Submission Requirements

Under the new guidelines, employers filing Form ETA-9089 through the FLAG system will receive a 2-page Final Determination electronically from DOL.

Key requirements for Form I-140 submission include:

• A printed copy of the electronically signed Final Determination
• Signatures from DOL, the employer, the foreign worker, and, if applicable, the employer’s attorney

This printed copy serves as the official labour certification approval for USCIS.

Specific Requirements for Different Petitions

Each type of Form I-140 petition has distinct requirements:

• Schedule A Occupations
  • A completed, uncertified Form ETA-9089
  • A signed Final Determination
  • A valid prevailing wage determination tracking number
• National Interest Waivers (NIW)
  • A copy of Form ETA-9089 and Appendix A
  • A signed Final Determination

These specific requirements ensure compliance and streamline processing.

Implementation and Impact

The procedural updates do not change how Form I-140 petitions are adjudicated. USCIS continues to process petitions using the revised Form ETA-9089 and its appendices.

The purpose of these changes is to inform stakeholders about the updated documentary requirements for:

• Permanent labor certification approvals
• Schedule A applications
• NIW requests

By aligning with the FLAG system, USCIS aims to make the submission process more efficient and transparent.

Final Words

These updates enhance efficiency and transparency in immigration processing. By streamlining Form I-140 submission guidelines, USCIS simplifies compliance for employers and stakeholders, ensuring smoother petition processing. Adhering to these new requirements is essential for timely and accurate submissions.

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