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Green Card through Employment - Frequently Asked Questions


How do I file a petition for alien worker?

USCIS Form I-140, Petition for Alien Worker, must be filed at the USCIS Regional Service Center that serves the area where you will work. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each category.

For EB-4 special workers, those in a religious occupation or vocation, you or your employer must file USCIS Form I-360, Petition for Amerasian, Widow(er), or Special immigrant, at the USCIS Regional Service Center that serves the area where you will work.


How can I find out the status of my petition?

You may check your status using VisaPro’s visa status check service.


How can I appeal if my petition is denied?

If your Petition for Alien Worker is denied, the denial letter will tell you how to appeal. Generally, you may file a Notice of Appeal along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the Service Center, the appeal will be referred to the Administrative Appeals Unit in Washington, D.C. Sending the appeal and fee directly to the AAU will delay the process.

H1B Visa 2016 Timeline Template

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Can anyone help me?

If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit.


What does the law say?

The legal foundation for getting approval for hiring an alien worker permanently comes from the Immigration and Nationality Act (INA). For the part of the law that addresses employment-based immigrants, please see INA § 201, INA § 202, INA § 203 and INA § 204. Rules published in the Federal Register explain the eligibility requirements for individuals petitioning for employment-based immigration based on specific criteria. They are in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.

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