Key Takeaways
• I-140 delays or denials can derail your green card process.
• Common reasons include employer-related issues, documentation errors, or inconsistent job roles.
• USCIS may issue an RFE (Request for Evidence) before denial.
• Stay compliant and well-documented to avoid complications.
• Indian-origin tech professionals and H1B holders must be especially proactive.
Introduction: Why I-140 Approvals Are Critical
The I-140, Immigrant Petition for Alien Worker, is a key step in the U.S. employment-based green card process. Filed by your employer, this petition confirms that:
• You’re eligible for a green card under the employment category.
• Your employer can pay the wage offered.
• The job position meets U.S. Department of Labor criteria.
But what if the I-140 is delayed, or worse, denied?
“Top reasons why I-140 approvals are delayed or denied” is one of the most searched concerns among H1B professionals, especially from India, in tech hubs like California, New Jersey, and Texas. Let’s explore the causes, solutions, and how you can avoid costly mistakes.
Top Reasons Why I-140 Approvals Are Delayed or Denied
1. Inconsistent Job Titles or Duties
USCIS scrutinizes whether the job listed in the I-140 matches:
• The position certified in PERM labor certification
• The candidate’s qualifications and experience
Red Flag: A mismatch between job description and employee’s resume.
Solution: Ensure job duties and titles align with what was submitted in the PERM process and job offer letter.
2. Insufficient Proof of Employer’s Ability to Pay
Your sponsoring employer must demonstrate financial ability to pay the offered salary from the date the PERM was filed onward.
What USCIS Looks At:
• Tax returns
• Audited financial statements
• W-2 forms or pay stubs
Red Flag: If the employer is a startup or shows minimal revenue/profit.
Solution: Employers should submit multiple years of consistent financials and strong tax documents.
3. Missing or Incomplete Documentation
Even a simple omission can result in delays or an RFE (Request for Evidence).
Common Missing Items:
• Educational credentials
• Work experience letters
• Pay stubs or I-94 records
Solution: Double-check the petition package with an immigration attorney before submission.
4. Inaccurate or Unverifiable Work Experience Letters
USCIS requires detailed experience letters from previous employers with job titles, duties, and durations. Vague letters or personal references don’t qualify.
Red Flag: Missing company letterhead, no contact info, or inconsistent dates.
Solution: Request updated letters from past employers, or submit affidavits if unavailable.
5. Employer Compliance Issues
If the employer is flagged for past immigration violations or non-compliance with DOL audits, USCIS may delay or deny the petition.
Solution: Employers should maintain clean compliance records and respond promptly to any DOL or USCIS inquiries.
6. Change in Employment Location
A significant change in the work location can trigger the need for a new PERM and I-140 filing, especially in remote or hybrid work environments.
Red Flag: Working from a different state or metropolitan area than stated in the PERM.
Solution: File an amended PERM if work location has changed permanently.
7. Premium Processing Delay Exceptions
While premium processing guarantees 15 calendar days, delays can occur if USCIS issues an RFE or if there’s system-wide processing backlog.
Solution: File early and track USCIS updates via the USCIS Case Processing Times.
Also Read: Pathways to Permanent Residency (GC) for Tech Workers
Checklist: Before You File Your I-140
✔ Align job description with PERM
✔ Verify employer’s financials are sound
✔ Submit detailed experience letters
✔ Include accurate educational records
✔ Confirm work location hasn’t changed
✔ Cross-check every document with your attorney
✔ Ensure consistency across all USCIS forms
Real-Life Case Study:
Ankit, an H1B systems analyst in Jersey City, filed his I-140 through a mid-sized IT consulting firm. USCIS issued an RFE due to missing wage records and an unclear job description.
The employer couldn’t provide financials that matched the PERM timeline, and the job title differed from the one on his H1B petition. As a result, I-140 was Denied.
Lesson: Align documentation, clarify titles, and ensure employer is financially sound.
Also Read: Visa-Related Challenges: Navigating RFEs and Denials
FAQs: Questions to Ask Your Immigration Attorney
1. Does my job title match what was certified in PERM?
2. What happens if my employer’s tax returns show a loss?
3. Can I submit alternative documentation for past experience?
4. How long does it take to refile I-140 after a denial?
5. Will a denied I-140 affect my H1B extension?
How to Avoid I-140 Delays or Denials
• Partner with a reliable immigration attorney
• Ensure your employer is experienced with USCIS filings
• Gather documents early and check them for consistency
• Respond to RFEs promptly and accurately
• Keep copies of everything you submit
Also Read: Common Reasons for RFEs
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