Once your Labor Certificate has been approved by the Department of Labor it is a great time to start gathering the information your attorneys will be requesting in order to file your I-140. Clients are expected to provide attorneys with these materials once the onboarding process begins in order to expedite the time from Labor Certificate approval to USCIS filings. Please do not send these documents to BDV, keep them on hand in order to onboard with your attorney efficiently. If you have any questions that are not answered in this article do not hesitate to reach out to our team through the chat located in your client portal. After your LC is approved, it will be sent to your sponsor. Following this, your sponsor will forward it to the relevant legal representatives who are managing your case. The accounting team or sponsor will verify that all payments are up-to-date, and once payment is confirmed, you will be onboarded with the attorney or legal team responsible for filing your I-140. This onboarding typically occurs within three business days after payment and includes instructions on further steps and document preparation.
Once the sponsor forwards your case to the legal team, it typically takes 3–45 days for the I-140 to be filed. After filing, the U.S. Citizenship and Immigration Services (USCIS) will review the case within about 15 business days if premium processing is used. Following the filing, USCIS may approve the petition or issue a Request for Evidence (RFE). If an RFE is issued, your attorney has a few months to respond, with USCIS taking another 15 business days to finalize its decision upon receipt of the response.
Overview of the Process
Notification of LC Approval: Once your LC is approved, it will be sent to your sponsor. Following this, your sponsor will forward it to the relevant legal representatives managing your case.
Payments and Onboarding: The accounting team or your sponsor will ensure payments are up-to-date. As soon as payment is confirmed, onboarding with the attorney responsible for I-140 filing occurs, typically within three business days.
Legal Review and Case Steps: Attorneys review your case and assist in completing further forms and verifying documents for the filing.
Adjustment of Status Cases
The following items are required for attorney onboarding for clients that are adjusting their current status.
I-140 Case Documents
The I-140 petition filing represents an important milestone in an employment-based immigration process. This step involves submitting necessary documents, verifying credentials, and potentially opting for premium processing based on the sponsor and attorney's recommendation.
Color copy of passport (Current and not expired - all pages scanned)
CBP I-94
All previous I-797 Approval Notices (if you do not have this, please disregard)
Biographical page of spouse's passport
Visa stamp (Photocopy of your most recent U.S. visa stamp issued by a U.S. Consulate)
I-485 Case Documents (for yourself and each dependent)
Birth Certificate (A copy of the birth certificate is acceptable for the application, please try obtaining the original for their interview)
Marriage Certificate (if applicable) + Translation if any language other than English
Divorce certificate (if applicable) + Translation if any language other than English
Color copy of passport (Current and not expired - all pages scanned)
Visa Stamp
I-94
All previous I-797 Approval Notices (if you do not have this please disregard)
I-20s from all schools attended/attending (all pages signed and dated)
Consular Cases
The following items will need to be gathered for any clients that are processing through a U.S. Consulate outside of the United States.
I-140 Case Documents
Color copy of passport (Current and not expired - all pages scanned)
CBP I-94
Biographical page of spouse and children's passports
Visa stamp (Photocopy of your most recent U.S. visa stamp issued by a U.S. Consulate)
Case Documents
Police Certificate(s) for any country you have resided in for longer than 12 months once you turned 16 (if applicable) + Translation of any language other than English
Birth Certificate (A copy of the birth certificate is acceptable for the application, please try obtaining the original for the interview)
Marriage Certificate (if applicable) + Translation if in any language other than English
Divorce Certificate (if applicable) + Translation if in any language other than English
All Previous I-797 Approval Notices, including the I-140 Receipt Notice
Color copy of passport (Current and not expired 0 all pages scanned)
Visa Stamp- If asked to re-scan the LC's signature page, ensure that you re-print, re-sign, and re-scan it at a higher quality. Remove unnecessary edges in the scanned document to meet required standards.