The I-140 Process at Charles International Law
Date of Information: 10/26/2026
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Your case. A shared plan. A clear next step.
From professional achievement to a carefully prepared petition
An I-140 petition asks USCIS to recognize your eligibility for an employment-based immigrant category. At Charles International Law, you bring your experience and evidence; our attorneys turn that record into a legal strategy and petition.
Start with the right meeting. New clients should begin with a consultation. Existing clients should book preparation and review sessions when their attorney confirms they are ready. A booking alone does not establish representation or guarantee an immigration outcome. Review fees and appointment details on Calendly.
One shared workflow for EB-2 NIW and EB-1. This roadmap focuses on EB-2 National Interest Waiver and EB-1A extraordinary ability self-petitions. Both follow substantially the same case-development and preparation process at our firm, although their legal eligibility standards differ. Your attorney will tailor the evidence and legal arguments to the appropriate category.
Your I-140 workflow
Follow the numbered stages from top to bottom. Underlined booking buttons open verified Charles International Law meeting pages. Evidence collection and strategy often overlap; your attorney may return to an earlier stage when gaps appear.
Consultation & eligibility review
Book the Immigration & Consular Issue ConsultationYou provideYour CV, professional goals, education, immigration history, prior filings, and important deadlines.
Our attorneys assessPotential categories, evidence strengths, risks, and the appropriate scope of representation. If we move forward, we complete intake and an engagement agreement.
This is the initial consultation for both EB-2 NIW and EB-1 cases.
Strategic debriefing & evidence plan
We will interview you about your career history, your achievements, and how you arrived at this moment in your life. Most of the session will focus on what comes next: the work you plan to pursue in the United States and the proposed endeavor you want to advance.
You explainYour future objectives, planned activities, intended impact, and the experience, resources and relationships that support your ability to carry out the proposed endeavor. Send your CV and any existing project or endeavor materials before the meeting.
Our attorneys developA clear, evidence-based framing of your proposed endeavor and a practical plan for presenting it. For NIW, we apply Matter of Dhanasar, focusing on substantial merit and national importance, whether you are well positioned to advance the endeavor, and why waiving the job offer and labor certification requirements would benefit the United States on balance.
What you leave with: a proposed-endeavor presentation plan and a tailored checklist of evidence to collect in support of that framework. For EB-1A, we use the same collaborative planning process while addressing extraordinary ability and continued work in your field; the Dhanasar test governs NIW eligibility.
Book the Proposed Endeavor Strategic DebriefingThis is a case-development working session for existing clients, separate from the initial consultation. Book when directed by your attorney.
Prepare forms & build the petition
Book EB-1 / EB-2 NIW Petition PrepYou confirmAccurate personal and professional information, complete questionnaires, and supply missing documents and translations as requested.
Our legal team preparesForm I-140, the legal brief, declarations and supporting exhibits. We address employer and labor certification requirements where applicable.
The meeting title includes ETA-9089. Applicable NIW supporting labor forms do not mean a PERM approval is required. EB-1A does not require PERM. Counsel confirms the current forms for your category.
Attorney review & client verification
Book the I-140 Package Review SessionYou reviewThe draft for factual accuracy and completeness. Complete the requested checklists and submit documents before booking this session.
Our attorneys reviewThe legal arguments, consistency, evidence gaps and filing readiness. We revise the package, then coordinate final signatures, fees and authorization to file.
This is a substantive review session, not an initial document-gathering appointment.
File & confirm receipt
You completeRequested signatures and payments and retain your copy of the final package.
Our legal team handlesFinal filing checks, submission through the appropriate channel, and tracking the USCIS receipt. We confirm the receipt number, classification and priority date.
Filing is coordinated with your attorney; there is no separate filing appointment linked here. Processing times vary, and any available premium processing concerns agency action on the petition, not immediate green card issuance.
USCIS adjudication & any RFE
Existing clients: discuss a notice or case updateYou keep us informedSend any USCIS notice promptly and provide requested evidence by the legal team's internal deadline.
Our attorneys respondWe monitor the case, analyze any Request for Evidence (RFE) or Notice of Intent to Deny, and prepare an appropriate response. USCIS may approve or deny a petition; an RFE is not guaranteed.
This is the general Ad Hoc Attorney Meeting, not a dedicated RFE session. Contact us promptly about a deadline rather than waiting for an appointment.
Plan the separate permanent residence stage
An approved I-140 establishes an immigrant classification. It does not itself grant permanent residence, lawful immigration status, work authorization or permission to travel. Your attorney evaluates visa availability, adjustment eligibility or consular processing, admissibility, and the scope of any further representation.
Continue to one of the two routes below when your attorney confirms you are eligible and ready.
Employer · Beneficiary · Charles International Law
Employer-sponsored EB-2 & EB-3: from job offer to I-140
This workflow is for regular EB-2 without a National Interest Waiver and EB-3 cases using the standard PERM labor certification process. The sponsoring employer, the prospective employee and our legal team each have a role.
The job and the labor market come first. PERM is the Department of Labor process for determining whether sufficient able, willing, qualified and available U.S. workers exist for the job and whether hiring the foreign worker would adversely affect similarly employed U.S. workers. USCIS separately decides the I-140 and reviews the employer’s ability to pay.
Some cases follow a different route. Schedule A occupations and special recruitment procedures can change the sequence. We identify any applicable exception at the outset.
The employer-sponsored workflow
Follow the numbered stages below. Some planning and evidence collection overlap. Your legal team coordinates timing before recruitment or filing begins.
Consultation & sponsorship planning
Begin with the Immigration & Consular Issue Consultation. We evaluate the proposed sponsorship and identify who will participate in the case.
Book the Immigration & Consular Issue ConsultationSponsoring employerIdentify the sponsoring business, decision-maker and intended position.
Prospective employeeShare your CV, qualifications, immigration history and goals.
Our legal teamAssess possible EB-2 or EB-3 classification, conflicts, representation scope and next steps. Clarify who our client is and how employer and beneficiary communications will be handled.
Define the job & verify the worker’s qualifications
The starting point is a genuine permanent, full-time job opportunity and its actual minimum requirements. The classification must fit both the position and the beneficiary.
Sponsoring employerProvide job duties, worksite, wage, minimum education and experience, and business information. Flag remote work, travel, layoffs and any ownership or family relationships.
Prospective employeeProvide degrees, transcripts, licenses and detailed experience records. Identify any experience gained with the sponsoring employer.
Our legal teamEvaluate job requirements, recruitment rules and qualification evidence. EB-2 ordinarily involves an advanced-degree position and qualified professional or exceptional ability; EB-3 covers professionals, skilled workers and other workers under different criteria.
Do not tailor requirements to exclude available U.S. workers. Tell counsel about changes before altering the position or beginning recruitment.
Obtain the prevailing wage determination
We coordinate a prevailing wage request, generally using Form ETA-9141, with the Department of Labor’s National Prevailing Wage Center.
Sponsoring employerConfirm accurate duties, location, requirements and compensation plans.
Prospective employeeHelp resolve questions about qualifications and the proposed role.
Our legal teamReview the wage determination and coordinate the wage validity period with the recruitment and filing calendar.
The employer must offer at least the required prevailing wage. A wage determination alone is not an approved PERM application or permission for the beneficiary to work.
Recruit U.S. workers & document the results
The employer conducts the required recruitment and notice of filing. For the standard PERM route, this generally includes a state workforce agency job order and newspaper advertising; professional positions generally require additional recruitment. Counsel confirms the applicable steps and timing.
Sponsoring employerRun a genuine recruitment process, evaluate applicants and record lawful, job-related reasons for any rejection. Preserve advertisements, applications and the recruitment report.
Prospective employeeSupply requested qualification records. Do not take part in assessing or rejecting U.S. applicants for the sponsored position.
Our legal teamAdvise on compliant recruitment and documentation, track required waiting periods and assess whether the results support filing.
Decision point: If an able, willing, qualified and available U.S. worker is identified, the employer cannot simply proceed as though recruitment were unsuccessful. We reassess the case before filing.
File PERM & respond to DOL review
After compliant recruitment and required waiting periods, the employer applies for permanent labor certification using Form ETA-9089. Counsel reviews the application and supporting record before submission.
Sponsoring employerVerify the attestations, approve the filing and retain the recruitment file for the required period.
Prospective employeeVerify education and experience information and provide requested signatures.
Our legal teamPrepare the filing, track its priority date and respond to any audit or other DOL request with the employer. DOL may certify, audit or deny the application; supervised recruitment may be required.
Labor certification concerns the availability of qualified U.S. workers and the effect on U.S. wages and working conditions. It is specific to the job opportunity and does not itself grant an immigrant visa or work authorization.
Prepare & review the employer’s I-140 petition
Once PERM is certified, we assemble the employer’s Form I-140 petition for USCIS. The employer is the petitioner; the foreign worker is the beneficiary.
Sponsoring employerProvide tax returns, audited financial statements, annual reports or other appropriate evidence of the ability to pay the offered wage from the priority date onward.
Prospective employeeProvide evidence that you met the certified job’s requirements by the required date, generally the PERM filing date.
Our legal teamCheck the certification, category, qualifications and employer financial evidence. Prepare the legal submission and exhibits, then review the complete package with the appropriate participants.
Your legal team will arrange an employer-sponsored preparation and review meeting. The EB-1/NIW preparation links elsewhere on this page are intended for those self-petition workflows.
Authorize & file I-140 within the certification’s validity
After final attorney review, we coordinate signatures, filing fees and submission. An individual labor certification generally must accompany an I-140 filed within its 180-day validity period.
Sponsoring employerConfirm the job offer remains available, approve the final petition and complete required signatures and payments.
Prospective employeeConfirm factual accuracy and promptly report changes in employment or immigration circumstances.
Our legal teamVerify current form editions, filing requirements and the certification deadline; submit the package and track USCIS receipt. Discuss premium processing if available and appropriate.
Do not wait until the end of the validity period to begin petition preparation. Premium processing does not shorten the PERM process or remove visa-number backlogs.
USCIS adjudication & any request for evidence
USCIS independently evaluates the I-140. DOL certification is an important prerequisite for the standard route, but does not guarantee petition approval.
Existing clients: discuss sponsorship or a case noticeSponsoring employerKeep the legal team informed about changes to the business, finances or job offer; provide updated evidence when requested.
Prospective employeeSend any notice received promptly and supply requested records.
Our legal teamMonitor the case, assess any Request for Evidence or Notice of Intent to Deny, and coordinate a response. USCIS may approve or deny the petition.
This is the general Ad Hoc Attorney Meeting, not a dedicated PERM session. For a time-sensitive notice, contact the legal team promptly rather than waiting for an appointment.
Continue to the separate permanent residence process
When the beneficiary is eligible and a visa is available under the applicable rules, the next stage is adjustment of status through Form I-485 or consular processing through the National Visa Center and a U.S. consulate. Concurrent I-140/I-485 filing may be possible in eligible cases.
Sponsoring employerMaintain the bona fide job offer and coordinate any required confirmation of the employment relationship. Ask counsel before making material job or business changes.
Prospective employeePrepare the residence application and civil records when directed. Obtain advice before changing jobs, traveling or relying on new work authorization.
Our legal teamReview visa availability, admissibility, the continuing job offer and any applicable portability rules. Coordinate the appropriate residence route and scope of representation.
I-140 approval alone does not grant permanent residence, lawful status, employment authorization or travel permission. See the separate residence routes and priority-date sections below.
Plan costs and responsibilities before starting
The employer must bear PERM recruitment costs and the employer’s labor-certification attorney fees; it may not seek or receive reimbursement from the worker for prohibited PERM expenses. Separate beneficiary representation and later-stage fees require a case-specific allocation. We address this in the engagement and sponsorship planning.
Stage-specific employer/PERM appointments are arranged through the legal team. No dedicated PERM booking page is currently linked. Processing times and outcomes vary.
Two Routes Toward Permanent Residence
Route A—Within the United States: Adjustment of Status Through I-485
If you are eligible to adjust status and a visa is available for filing under the chart USCIS designates for that month, you may apply using Form I-485. Concurrent filing with I-140 may be possible; you do not always need to wait for I-140 approval. Final approval still requires a visa to be available and all requirements to be met.
We review immigration history, admissibility, medical requirements, and any separate work or travel applications.
Route B—Through a U.S. Consulate: Consular Processing through DS-260
When consular processing is appropriate, the approved petition proceeds through the National Visa Center and a U.S. embassy or consulate. The process includes fees, Form DS-260, required documents, a medical examination, and an interview, subject to visa availability and case-specific requirements.
Visa issuance and admission to the United States as an immigrant are separate from I-140 approval.
Priority Dates: Your Place in the Visa Queue
For categories requiring individual labor certification, the priority date generally comes from the date the Department of Labor accepted that application. For EB-1A and NIW, it is generally the date USCIS receives a properly filed I-140. Earlier priority-date retention may apply in some cases.
Visa availability depends on category, country of chargeability (usually country of birth), and the monthly Visa Bulletin. Filing and final approval use different rules; dates can move backward. Our attorneys confirm which chart and cutoff apply before a residence application is filed.
Check the Department of State Visa Bulletin · Check USCIS adjustment filing charts
Prepare for a Productive Meeting
Complete the questionnaires and category-specific checklists our office provides.
Organize records by topic and identify missing items before your meeting.
Bring questions about factual accuracy, evidence gaps and next steps.
Tell your attorney promptly about deadlines, address changes and changes in your work or immigration circumstances.
Not sure which stage you are in? Existing clients may use the Ad Hoc Attorney Meeting. New clients should use an initial consultation above.
Frequently Asked Questions
Do I need an employer for every I-140?
No. EB-1A and EB-2 NIW permit self-petitioning. EB-1B and EB-1C require a qualifying employer, as do the usual employer-sponsored EB-2 and EB-3 routes.
Is a recommendation letter enough?
Letters can help explain your work, but the petition must satisfy the applicable legal standard with a credible evidentiary record. Our attorneys assess the supporting facts and documentation, rather than treating a letter count as a guarantee.
Should I book every meeting now?
No. Begin with the consultation or the next stage your attorney identifies. Book package review only after completing the requested document submission process. Your engagement agreement determines which services are included.
Will I-140 approval let me work or travel?
I-140 approval alone provides neither work authorization nor travel permission. Discuss your existing status and any separate applications with your attorney before working or traveling.
Official References
This guide explains the general process. Your eligibility, filing sequence, required evidence and timing depend on your circumstances and current law. Your attorney will tailor the plan to your case.
Employer-sponsored EB-2 and EB-3 / PERM
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