Key Takeaways:
- Unemployed EB-1A applicants can file Form I-140 without a job offer, focusing on Section 6 for employment details.
- Unemployed applicants can skip the “offered salary” field if no work authorization has been received.
- Supporting documents like proof of ability, recommendation letters, and employment history bolster the application for EB-1A visa.
Completing Part 6 of Form I-140 as an Unemployed Asylum Applicant
Introduction
Navigating the complexities of Form I-140 can be daunting, particularly if you’re unemployed and seeking an EB-1A visa. Part 6 of the form requires specific information about the proposed employment, which can be challenging when you lack a job offer. This article provides comprehensive guidance on completing this section as an unemployed asylum applicant.
Employment Status for Unemployed Applicants
According to the USCIS, unemployed individuals can still file Form I-140 without a job offer. You should indicate your current unemployment status in Part 6.1. This section asks for your present employment status, occupation, name and address of employer, and start date of employment.
If You Have Not Received Work Authorization
If you have not yet received work authorization, leave the “offered salary” field blank. It is not mandatory to provide this information at this stage.
Supporting Documentation
To support your application as an unemployed applicant, consider providing additional documentation to demonstrate your eligibility for the EB-1A visa. This may include:
- Evidence of extraordinary ability: Provide documentation that showcases your exceptional abilities and achievements, such as awards, recognition, or publications.
- Letters of recommendation: Obtain letters from colleagues, supervisors, or other professionals who can attest to your extraordinary ability.
- Employment history: Although you’re currently unemployed, it’s helpful to provide evidence of your past employment history to demonstrate your skills and experience.
Filing Part 6 for Unemployed Applicants https://www.uscis.gov/forms/filing-form-i-140-immigrant-petition-alien-worker
- 6.1 Present Employment: Select “Unemployed” under “Present Employment Status,” and leave the remaining fields blank.
- 6.2 Offered Employment: Leave the “Offered Salary” field blank. If a salary range is applicable, indicate it in the corresponding field.
- 6.3 Other Information: Utilize this space to provide additional information that supports your application, such as the reason for your unemployment or any documentation you’re submitting.
Conclusion
Completing Form I-140 as an unemployed asylum applicant requires careful attention to Part 6. By following the guidance outlined above and providing supporting documentation, you can effectively represent your extraordinary ability and enhance your chances of approval. Remember to consult with an immigration attorney for personalized advice and assistance throughout the process.
Learn Today:
Glossary of Immigration-Related Terms
- Form I-140: Form I-140 is an “Immigrant Petition for Alien Worker,” used by the U.S. Citizenship and Immigration Services (USCIS) to petition for foreign nationals who wish to immigrate to the United States based on their employment skills.
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EB-1A Visa: The EB-1A is a subtype of the employment-based first-preference immigrant visa that is reserved for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
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USCIS (U.S. Citizenship and Immigration Services): This is a component of the U.S. Department of Homeland Security (DHS) that oversees lawful immigration to the United States, administering the country’s naturalization and immigration system.
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Asylum Applicant: An asylum applicant is someone who has moved to another country seeking protection and recognition as a refugee, specifically because they are persecuted or fear persecution due to race, religion, nationality, membership of a particular social group, or political opinion in their home country.
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Unemployed: In the context of Form I-140, this refers to individuals who are not currently engaged in employment at the time of submitting their application.
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Work Authorization: This is a permission granted by immigration authorities that allows a foreign national to work legally in the host country. It is often in the form of a document or card.
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Evidence of Extraordinary Ability: This includes documents that demonstrate the immigrant’s high level of expertise and significant contributions to their field, such as patents, publications, awards, and letters from peers.
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Letters of Recommendation: In immigration, these are letters from experts or recognized professionals in the applicant’s industry that attest to the applicant’s achievements and qualifications. They are integral in supporting claims of extraordinary abilities.
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Employment History: This involves the record of previous employments of the applicant, which can include the companies worked for, roles held, timelines, and significant accomplishments. This information is used to assess the applicant’s background and expertise.
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Immigrant Petition: This is a request filed to USCIS asking for recognition of a foreigner’s qualifications and permission for them to immigrate based on various categories such as employment, family relations, or humanitarian reasons.
This glossary provides definitions of specialized terminologies in immigration, particularly relating to the process of completing Form I-140 for unemployed asylum seekers, thereby aiding in understanding the complexities involved in such legal documentation and procedures.
This Article In A Nutshell:
Completing Part 6 of Form I-140 as an unemployed asylum applicant for an EB-1A visa can be tricky. USCIS allows submission without a job offer. Provide current employment details in 6.1. Leave “offered salary” if no work authorization. Include evidence of achievements, recommendation letters, and past employment history. Follow specific filing instructions. Consulting an immigration attorney is advised.
— By VisaVerge.com
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