US New Updates to Form I-140: What Employers and Foreign Workers Need to Know

The U.S. Citizenship and Immigration Services (USCIS) has introduced significant updates for Form I-140 submissions. These changes align with the Department of Labor’s Foreign Labor Application Gateway (FLAG) system.

The updates focus on electronic processing, streamlined labor certifications, and specific requirements for Schedule A and National Interest Waiver (NIW) petitions.

Understanding Form I-140

Form I-140 is a critical immigration document filed by an employer for a foreign worker seeking a green card in the United States. This form essentially petitions the U.S. government to approve the employment of the foreign worker, paving the way for lawful permanent residence.

New Procedures Introduced

On June 1, 2023, the Department of Labor (DOL) implemented the FLAG system, modernizing the application process. This system includes updates to the Application for Permanent Employment Certification (Form ETA-9089) to enhance accuracy and transparency.

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

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

These improvements aim to provide clearer job certifications.

Simplified Submission Requirements

Under the new guidelines, employers submitting Form ETA-9089 through the FLAG system will receive a 2-page Final Determination electronically from the DOL. Here are the key requirements for Form I-140 submission:

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

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

Specific Requirements for Different Petitions

Each type of Form I-140 petition has specific 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 the processing of petitions.

Implementation and Impact

The procedural updates do not alter how USCIS adjudicates Form I-140 petitions. The agency will continue processing petitions using the revised Form ETA-9089 and its appendices. The primary goal of these changes is to inform stakeholders about updated documentary requirements for:

• Permanent labor certification approvals
• Also, Schedule A applications
• Additionally, NIW requests

By aligning with the FLAG system, USCIS aims to enhance the efficiency and transparency of the submission process.

Final Thoughts

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

Stay informed and prepared to adapt to these changes for successful immigration outcomes.