For I-140 application, what is the clear evidence of an alien applicants ineligibility?
Immigration regulations provide that an I-140 case may be denied when there is clear evidence of ineligibility. These situations include I-140 petitions filed on behalf of someone who does not have the required degree or equivalence. An I-140 petition with evidence of clear ineligibility will result in denial. It is critical for petitioners, beneficiaries, and applicants to submit the required evidence proving eligibility for the immigration benefits sought at the time of filing. Otherwise, an application may be denied outright, without an RFE. If a person is not eligible for the immigration benefit sought, then it would make sense that the petition or application should be denied.
