Filing an I-140 Immigrant Petition for Alien Worker is a crucial step in the employment-based green card process. However, employers and beneficiaries often face challenges that can delay approvals. From proving an employer’s ability to pay to ensure the correct Standard Occupational Classification (SOC) code, small mistakes can lead to delays or even denials. Here’s how to navigate these common hurdles effectively.
1. Proving the Employer’s Ability to Pay
USCIS requires employers to demonstrate they can pay the offered wage from the priority date onward. Many petitions face denials due to inadequate financial documentation.
To avoid denials, employers will need to submit tax returns, audited financial statements, or annual reports as primary evidence. If the beneficiary is already employed, they must include pay stubs or W-2 forms. In cases where financials show losses, it is crucial to provide explanations such as business expansion, revenue growth, or new investments to justify the ability to pay.
2. Avoiding Incorrect SOC Code Selection
Using the wrong SOC code can trigger a Request for Evidence (RFE) or denial. USCIS closely examines whether the job title, duties, and wage level match the selected code.
Employers must carefully review the job description, wage level, and educational qualifications before selecting an SOC code. They can cross-check with the DOL’s Occupational Outlook Handbook (OOH) to ensure an appropriate match. Alternatively, they can maintain consistency between the PERM application and the I-140 petition to prevent discrepancies.
3. Resolving Educational Qualification Mismatches
USCIS may issue an RFE if the beneficiary’s degree field or foreign credentials don’t align with the job requirements listed in the PERM application.
In order to avoid getting an RFE, employers can obtain credential evaluations from a recognized agency for foreign degrees and submit expert opinion letters explaining how work experience may compensate for missing qualifications. Similarly, they can ensure the degree requirement in the PERM application matches the beneficiary’s actual education.
4. What Happens if the Job Position Is No Longer Available?
If the sponsoring employer goes out of business or the job is no longer available, the I-140 petition could be denied or revoked.
In such cases, if the I-140 has been approved for 180+ days, beneficiaries may port their priority date under AC21 when changing jobs in a similar occupation. Likewise, if the employer is closing, the beneficiary can file an I-485 for adjustment of status quickly (if the priority date is current).
5. Retaining Your Priority Date
Losing a priority date can significantly delay processing, especially if visa retrogression occurs.
However, if an I-140 petition is withdrawn after 180 days of approval, the beneficiary can retain the priority date for future petitions. When changing jobs, they can verify porting eligibility under AC21. Most of all, it is crucial to stay updated on visa bulletin movements to determine the best time to file.
How Imagility Can Help
Navigating I-140 complexities requires accuracy, compliance, and strong documentation. Imagility simplifies the process with
- Automated Petition Preparation – Reduces errors and ensures consistency.
- Smart Compliance Checks – Flags potential SOC code mismatches and wage issues.
- Document Management & RFE Handling – Organizes supporting evidence efficiently.
- Real-time Alerts & Case Tracking – Helps attorneys and employers stay ahead of deadlines.
Streamline your I-140 petitions with Imagility! Schedule a demo today, to learn how Imagility can help.
