General Requirements for I-140(I-140접수시 필요한 서류I.)

I-140 접수시 다음의 두 가지 요건을 충족하기 위해 첨부서류를 준비해야 합니다.

 

첫째, I. General Requirements입니다.

둘째, II. General Evidence입니다.

 

이 글에서는 General Requirements(일반적인 요건)에 대해 정리해 두려고 합니다. I-140 양식을 기입하기 위해 필요한 정보입니다.

 

GENERAL REQUIREMENTS FOR I-140

 -목차-

I. INITIAL EVIDENCE (최초증거- LC승인원본 및 학위 등)

II. AMENDED PETITIONS (수정된 청원서의 경우에만 해당)

III. INFORMATION ON SPOUSE AND ALL CHILDREN OF THE PERSON FOR WHOM YOU ARE FILING (외국인의 배우자 및 자녀에 대한 정보)

IV. IRS TAX OR SOCIAL SECURITY NUMBERS(고용주의 미국세청 택스보고 또는 사회보장넘버)

 

 

다음은 각 부분에 대한 자세한 내용입니다.

 

I. INITIAL EVIDENCE(최초증거)

-외국인의 해당분야에 맞춰 증거 서류를 준비함-다음의 일곱가지 영역 중 해당하는 분야를 찾아 표시함

 

1. (과학, 예술, 교육, 사업, 운동 영역에서 특출난 능력을 가진 외국인에게 해당하는 서류) If you are filing for an alien of extraordinary ability in the sciences, arts, education, business, or athletics (Part 2., Item Number 1.a. on the petition):

 

You must attach evidence with your petition showing that the alien has sustained national or international acclaim and that the achievements have been recognized in the field of expertise.

 

A. Evidence of a one-time achievement (for example, a major internationally recognized award); or

 

B. At least three of the following:

(1) Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(2) Membership in associations in the field, which require outstanding achievements as judged by recognized national or international experts;

(3) Published material about the alien in professional or major trade publications or other major media;

(4) Participation on a panel or individually as a judge of the work of others in the field or an allied field;

(5) Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

(6) Authorship of scholarly articles in the field in professional or major trade publications or other major media;

(7) Display of the alien’s work at artistic exhibitions or showcases;

(8) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have distinguished reputations;

(9) Evidence that the alien has commanded a high salary or other high remuneration for services; and

(10) Evidence of commercial successes in the performing arts, as shown by box office receipts or music or video sales.

 

C. If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence to establish the alien’s eligibility; and

 

D. Evidence that the alien is coming to the United States to continue work in the area of expertise.

 

Such evidence may include letters from prospective employers, evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue work in the United States.

 

2. (뛰어난 업적의 교수나 연구원에 해당하는 서류) A U.S. employer filing for an outstanding professor or researcher (Part 2., Item Number 1.b. on the petition) must file the petition with:

 

A. Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition.

 

Such evidence shall consist of at least two of the following:

(1) Receipt of major prizes or awards for outstanding achievement in the academic field;

(2) Membership in associations in the academic field that require outstanding achievements of their members;

(3) Published material in professional publications written by others about the alien’s work in the academic field;

(4) Participation on a panel, or individually, as the judge of the work of others in the same or an allied academic field;

(5) Original scientific or scholarly research contributions to the academic field; or

(6) Authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

 

B. If the above standards do not readily apply, you may submit comparable evidence to establish the beneficiary’s eligibility; and

 

C. Evidence the beneficiary has at least three years of experience in teaching and/or research in the academic field; and

 

D. If you are a university or other institution of higher education, an offer of employment in the form of a letter indicating that you intend to employ the beneficiary in a tenured or tenure-track position as a teacher or in a permanent position as a researcher in the academic field; or

 

E. If you are a private employer, an offer of employment in the form of a letter indicating that you intend to employ the beneficiary in a permanent research position in the academic field, and evidence that you employ at least three full-time researchers and have achieved documented accomplishments in the field.

 

3. (다국적임원이나 관리직급에 해당하는 서류) A U.S. employer filing for a multinational executive or manager (Part 2., Item Number 1.c. on the petition) must file the petition with a statement which demonstrates that:

 

A. If the worker is now employed outside the United States, he or she has been employed outside the United States for at least one year in the past three years in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary, or affiliate; or, if the worker is already employed in the United States, he or she was employed outside the United States for at least one year in the three years preceding admission as a nonimmigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate;

 

B. The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad;

 

C. The prospective U.S. employer has been doing business for at least one year; and

 

D. The alien is to be employed in the United States in a managerial or executive capacity. You should include a description of the duties he or she will perform.

 

4. (NIW에 해당하는 서류) A U.S. employer (or any person, employer, or third party requesting a National Interest Waiver) who is filing for a member of the professions with an advanced degree or a person with exceptional ability in the sciences, arts, or business (Part 2., Item Number 1.d., for a petition filed by an employer with a Schedule A or individual labor certification, or Item Number 1.i., for a petition that requests a National Interest Waiver, on the petition) must file the petition with:

 

A. A labor certification (see the General Evidence section of these Instructions), or a request for a waiver of a job offer because the employment is deemed as in the national interest, with documentation provided to show that the beneficiary’s presence in the United States would be in the national interest, and either:

 

(1) An official academic record showing that the alien has a U.S. advanced degree or an equivalent foreign degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or an equivalent foreign degree and letters from current or former employers showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty; or

(2) At least three of the following:

(a) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability;

(b) Letters from current or former employers showing that the alien has at least 10 years of full-time experience in the occupation for which he or she is being sought;

(c) A license to practice the profession or certification for a particular profession or occupation;

(d) Evidence that the alien has commanded a salary, or other remuneration for services that demonstrates exceptional ability; Evidence of membership in professional associations; or

(e) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

(3) If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence to establish the alien’s eligibility.

 

5. (학사학위를 소지한 전문직종에 해당하는 서류) A U.S. employer filing for a professional (Part 2., Item Number 1.e. on the petition) must file the petition with:

 

A. A labor certification (see the General Evidence section of these Instructions);

 

B. Evidence that the alien holds a U.S. baccalaureate degree or equivalent foreign degree; and

 

C. Evidence that a baccalaureate degree is required for entry into the occupation.

 

6. (숙련직에 해당하는 서류) A U.S. employer filing for a skilled worker (Part 2., Item Number 1.f. on the petition) must file the petition with:

 

A. A labor certification (see the General Evidence section of these Instructions); and

 

B. Evidence that the alien meets the educational, training, or experience and any other requirements of the labor certification (the minimum requirement is two years of training or experience).

 

7. (비숙련직에 해당하는 서류) A U.S. employer filing for an unskilled worker (Part 2., Item Number 1.g. on the petition) must file the petition with:

 

A. A labor certification (see the General Evidence section of these Instructions); and

 

B. Evidence that the beneficiary meets any education, training, or experience requirements required in the labor certification.

 

II. AMENDED PETITIONS (수정된 청원서인 경우에만 해당)

-이미 제출한 I-140을 수정하고 싶을 경우, Part2.의 Number2.a를 선택함

 

 

If this petition is being filed to amend a previously filed Form I-140, select Item Number 2.a. in Part 2., “To Amend a Previously Filed Petition,” and fill in the receipt number of the previously filed petition in the space provided.

 

This will assist USCIS in determining whether we may accept the petition for filing and provide the location of the previously filed petition for case matching purposes.

 

III. INFORMATION ON SPOUSE AND ALL CHILDREN OF THE PERSON FOR WHOM YOU ARE FILING

(외국인의 배우자 및 자녀에 대한 정보)

-양식I-140의 Part 7. 부분에 외국인 노동자(수혜자)의 가족구성원에 대한 정보를 제공해야 함

-배우자 및 자녀에 대한 정보(이름, 출생일자, 출생국, 관계)에 대해 기입함

 

 

 

Part 7. Information on Spouse and All Children of the Person for Whom You Are Filing.

 

Form I-140 requires information about (1) the dependent spouse and (2) children of the alien beneficiary of the petition to assist in visa processing and in order for USCIS to better determine the demand for employment-based immigrant visas at the time of filing Form I-140.

 

NOTE: An annotation of a dependent’s intention to either apply for adjustment of status or an immigrant visa abroad in Part 7. of Form I-140 is not binding, but should reflect the dependent’s intent at the time of filing of Form I-140.

 

IV. IRS TAX OR SOCIAL SECURITY NUMBERS (미국세청 택스보고 또는 사회보장넘버)

-특출난 능력의 외국인 카테고리 및 NIW카테고리를 제외한 모든 고용주는 영구적인 고용제안을 하고, I-140을 제출해야 함 (보통 고용주의 잡오퍼 레터를 제출)

-고용주의 국세청 택스넘버 또는 사회보장넘버를 제출해야 함

 

With the exception of the categories for alien of extraordinary ability (Part 2., Item Number 1.a.) and NIW (Part 2., Item Number 1.i.), all Form I-140 visa preference categories require a permanent job offer from a U.S. employer and the U.S. employer must file Form I-140.

 

All U.S. employers filing petitions in which a permanent job offer is required 

(1) must have either an IRS Tax Number or a Social Security Number and 

(2) must provide that nine-digit number in Part 1. of Form I-140, 

or USCIS will reject Form I-140 with a notice that it is deficient.

 

 

 

다음 글 읽기.

->>> 다음 요건 II. General Evidence for I-140 (I-140접수시 필요한 서류II.)