02 Apr How to file an I-140 petition for a caregiver

Filing an I-140, Immigrant Petition for Alien Worker, for a caregiver is the second major step in the employment-based green card process. If you already have an approved PERM Labor Certification, your employer (the petitioner) can now submit the petition to USCIS to establish the caregiver’s eligibility for the EB-3 “Other Workers” (unskilled) category.

1. Categorize the Petition
Caregivers typically fall under the EB-3 (Other Workers) classification. This category is for individuals performing unskilled labor requiring less than two years of training or experience.

2. Gather Required Documentation
The petition package must include several critical documents to prove both the employer’s and the caregiver’s eligibility:

• Approved PERM Labor Certification: The original, signed two-page Form ETA-9089 Final Determination from the Department of Labor (DOL).
• Employer’s Ability to Pay: Evidence that the employer can pay the “proffered wage” listed on the PERM. This usually includes:
  o Federal tax returns.
  o Audited financial statements.
  o Annual reports.
• Caregiver’s Qualifications: Proof that the caregiver meets the requirements stated on the PERM at the time it was filed (the priority date). This includes:
  o Work experience letters from former employers.
  o Diplomas, transcripts, or training certificates.
• Identification: A copy of the caregiver’s passport biographical page and current immigration status documents (e.g., Form I-94) if they are already in the U.S..

3. Complete and Sign Forms

• Form I-140: Ensure the petitioner signs the form in ink; USCIS will reject petitions with stamped or typewritten signatures.
• Form G-28: Include this only if the employer is being represented by an attorney or accredited representative.

4. Pay the Required Fees
Fees must be paid by separate checks or money orders made payable to the “U.S. Department of Homeland Security”.

• Standard Filing Fee: $715.

Note: This is not legal advice.

IMPORTANT ANNOUNCEMENT

PETITION FOR CAREGIVERS

Our Law Firm entered into agreement with Care Home Facilities in the U.S. to process applicants for Caregivers in the US
you may qualify if you have six months experience as Caregivers.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.