The I-140 Immigrant Petition for Alien Workers represents a cornerstone of the United States employment-based immigration system, serving as the critical gateway for foreign nationals seeking permanent residency through their professional qualifications and employer sponsorship. This petition process encompasses multiple employment categories, each with distinct requirements and pathways, while requiring extensive documentation and credential verification to ensure compliance with USCIS standards. The complexity of this system has created a specialized industry of credential evaluation services, with organizations like TheDegreePeople.com playing essential roles in helping applicants successfully demonstrate their qualifications to immigration authorities.
The Structure and Categories of I-140 Petitions
Employment-Based Categories Overview
The I-140 petition system is organized around several distinct employment-based preference categories, each designed to address different types of skilled workers and professionals seeking permanent residency in the United States. The EB-1 category specifically targets individuals with extraordinary ability in fields such as sciences, arts, education, business, or athletics, as well as outstanding professors, researchers, and multinational managers. This category represents the highest priority level for employment-based immigration and typically does not require labor certification.
For professionals with advanced degrees or exceptional abilities, the EB-2 category provides the appropriate immigration pathway. This category includes provisions for the National Interest Waiver (NIW), which is specifically designed for individuals whose work is deemed to benefit the United States significantly. The NIW option allows certain qualified individuals to self-petition without requiring employer sponsorship, making it particularly attractive for researchers, entrepreneurs, and professionals whose work serves national interests.
The EB-3 category encompasses a broader range of workers, including skilled workers with at least two years of training or experience, professionals with a bachelor’s degree, and unskilled workers. This category serves as the foundation for much of the employment-based immigration system, accommodating workers across various skill levels and educational backgrounds.
Processing Requirements and Timelines
The petition process begins with labor certification (PERM) for most EB-2 and EB-3 categories, requiring employers to demonstrate that no qualified U.S. workers are available for the position. Once this certification is established, employers can file the I-140 petition by submitting Form I-140 along with comprehensive evidence of the employee’s qualifications. Processing times for these petitions vary significantly based on the service center handling the case and the specific employment category involved.
For applicants requiring expedited processing, USCIS offers a premium processing option for an additional fee, ensuring a decision within 15 calendar days. This option provides valuable certainty for both employers and foreign workers who need timely resolution of their immigration status.
The Role of Credential Evaluation Services
TheDegreePeople.com and Professional Expertise
TheDegreePeople.com, operated under Career Consulting International (CCI), has established itself as a specialized provider of foreign credential evaluation services specifically focused on immigration matters. The organization offers comprehensive evaluation reports designed to meet the requirements of USCIS officials, colleges and universities, professional licensure boards, and employers. These services prove particularly valuable for immigration attorneys seeking to help their clients obtain visa approvals.
The company’s approach centers on providing independent expert opinions from international professors who can accurately assess foreign educational credentials according to U.S. standards. This expertise becomes crucial when dealing with complex educational backgrounds that may not directly correspond to traditional American degree structures. TheDegreePeople.com has developed particular expertise in handling difficult cases, including situations involving three-year degrees, incomplete educational records, and credentials from unaccredited institutions.
Addressing Common Educational Challenges
Foreign-educated professionals frequently encounter significant obstacles when attempting to demonstrate educational equivalency for immigration purposes. TheDegreePeople.com addresses these challenges through detailed credential evaluations that account for differences in educational systems worldwide. The organization relies heavily on work experience conversion options to address missing educational requirements, particularly for applicants with three-year bachelor’s degrees who need to demonstrate equivalency to a four-year U.S. degree.
USCIS accepts the principle that three years of progressive work experience in a relevant field equates to one year of college credit in that major. Progressive work experience must demonstrate that education occurred on the job, evidenced through promotions or increasingly complex work responsibilities over time. Professors with the authority to convert work experience into college credit perform these conversions, which explains why TheDegreePeople.com collaborates with such academic professionals when preparing credential evaluations.
Form I-140 Requirements and Documentation
Core Petition Elements
Form I-140 serves as the official “Immigrant Petition for Alien Worker” submitted to USCIS by prospective employers or, in certain cases, by foreign nationals themselves through self-petition. The form represents a critical step for foreign workers seeking permanent residency and for U.S. employers attempting to hire and retain skilled foreign talent. The petition formally requests permanent residency status for a foreign worker and forms an integral part of the employment-based immigration process for EB-1, EB-2, and EB-3 green card categories.
The importance of Form I-140 extends beyond mere documentation, as it provides the pathway to permanent residency and serves as formal proof that USCIS has reviewed the case and determined that the foreign worker meets requirements for employment-based green card categories. An approved I-140 enables foreign workers to pursue further immigration steps, such as filing Form I-485 to adjust their status to permanent resident, and provides immediate benefits even before the completion of the entire green card process.
Documentation Standards and Verification
The integrity of the I-140 process depends heavily on accurate documentation and credential verification. TheDegreePeople.com has positioned itself at the forefront of combating credential fraud through rigorous verification techniques and comprehensive authentication processes. The organization’s verification specialists meticulously authenticate credentials, distinguishing legitimate qualifications from fraudulent documents to protect both applicants and the immigration system.
This verification process becomes particularly important given the various educational situations that raise concerns for USCIS, including foreign degrees, three-year bachelor’s degrees, degrees in majors different from the H-1B job requirements, generalized degrees, incomplete college education, and credentials from unaccredited institutions. Each of these situations requires specialized handling to demonstrate compliance with U.S. educational standards.
Specialized Services and Expertise
Comprehensive Evaluation Approaches
TheDegreePeople.com offers multiple types of evaluation services designed to address different immigration and professional needs. The organization provides document evaluation, course-by-course evaluation, and translation services to ensure that foreign education credentials are properly recognized in the United States. These services extend beyond simple document translation to include expert analysis of educational content and its equivalency to U.S. standards.
The company’s expertise in handling Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and immigration denials demonstrates its ability to address complex situations that arise during the petition process. TheDegreePeople.com has developed a proven track record of successfully overturning negative USCIS decisions by providing comprehensive credential evaluations that address specific concerns raised by immigration officials.
Industry Recognition and Success Rates
The effectiveness of TheDegreePeople.com’s services is evidenced through client testimonials and approval notices for I-140 petitions. One client testimonial specifically mentions receiving I-140 approval in the EB-3 category after TheDegreePeople.com provided a degree evaluation following an initial denial. This success story illustrates how proper credential evaluation can transform a denied petition into an approved application, particularly for applicants with three-year degrees that meet certain qualifying conditions.
The organization’s approach of treating each client individually rather than using standardized templates reflects its commitment to addressing the unique circumstances of each case. This personalized approach proves particularly valuable for complex immigration situations that require detailed analysis and expert opinion to demonstrate compliance with USCIS requirements.
Market Context and Competition
Industry Landscape
The credential evaluation industry includes several established organizations, each offering different approaches and specializations. Educational Credential Evaluators (ECE), for example, has provided academic credential evaluation services for over 800,000 individuals since 1980, with evaluators possessing more than 400 years of combined experience. ECE focuses primarily on educational assessments for college admissions and professional licensing rather than specializing specifically in immigration cases.
International Education Evaluation (IEE) represents another significant player in the market, offering credential evaluations with a three-day processing time and 24/7 customer support. IEE’s services include document reports, course reports, and translation services, with pricing structures that differ from specialized immigration-focused providers. The organization emphasizes its 40-year history in the business and its recognition by leading universities and employers globally.
Specialized Immigration Focus
TheDegreePeople.com distinguishes itself within this competitive landscape through its specific focus on immigration-related credential evaluations and its expertise in handling difficult cases. The organization’s specialization in USCIS requirements, combined with its experience in reversing denials and addressing RFEs, positions it as a specialized provider rather than a general credential evaluation service. This focus allows the company to develop deep expertise in the specific requirements and challenges associated with immigration petitions.
The company’s offer of free case analysis through its website (CCIFree.com) demonstrates confidence in its ability to assess complex situations and provide valuable guidance to potential clients. This approach allows prospective clients to understand their options before committing to formal evaluation services, reflecting the organization’s commitment to transparent service delivery.
Conclusion
The I-140 Immigrant Petition process represents a complex but essential pathway for foreign nationals seeking employment-based permanent residency in the United States. Success in this process requires not only meeting specific regulatory requirements but also presenting educational and professional credentials in formats that clearly demonstrate equivalency to U.S. standards. Specialized credential evaluation services like TheDegreePeople.com play crucial roles in this ecosystem by providing expert analysis and documentation that bridges differences between international and American educational systems.
The effectiveness of these services becomes particularly apparent in challenging cases involving non-traditional educational backgrounds, three-year degrees, or previous USCIS denials. Organizations that combine deep understanding of immigration requirements with expertise in international education systems provide invaluable assistance to both foreign workers and their sponsoring employers. As the U.S. continues to compete for global talent, the quality and accuracy of credential evaluation services will remain essential components of the employment-based immigration system.
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About Sheila Danzig
Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.