⚠ General information only — not legal advice. Immigration law is complex and fact-specific. Consult a licensed immigration attorney for your specific situation.
USCIS · Form I-140
Immigrant Petition for Alien Workers
Employer sponsors a foreign worker for an employment-based green card.
Filing fee
$715 standard. Premium Processing — 15 business day decision guarantee — costs an additional $2,805.
Processing time
4 months to 2+ years standard. 15 business days with Premium Processing. Note that Premium Processing guarantees a decision, not necessarily an approval.
Filed with
USCIS — online through myUSCIS or by mail to the appropriate service center.
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Overview
Form I-140 is used to sponsor a foreign worker for permanent residence based on employment. It is the employment-based equivalent of Form I-130 in family immigration.
Most employment-based green cards fall into preference categories EB-1 through EB-5. EB-1 is for priority workers including extraordinary ability individuals, outstanding researchers, and multinational executives. EB-2 is for professionals with advanced degrees or exceptional ability including National Interest Waiver self-petitioners. EB-3 is for skilled workers and professionals with bachelor's degrees.
For most EB-2 and all EB-3 categories, the employer must first obtain a PERM Labor Certification from the Department of Labor — a lengthy process testing the US labor market to show no qualified US workers are available. EB-1 categories and EB-2 NIW are exempt from PERM.
Once an I-485 has been pending for 180 days and an I-140 has been approved, AC21 portability allows the worker to change employers without losing their place in the immigration queue, as long as the new job is in the same or similar occupational classification.
Who needs Form I-140?
US employers sponsoring foreign workers for employment-based permanent residence. Also filed by individuals who qualify to self-petition — EB-1A for extraordinary ability, EB-1B for outstanding researchers, and EB-2 NIW for those whose work serves the national interest.
What does Form I-140 do?
Establishes eligibility for an employment-based immigrant visa. Like I-130 in family immigration, I-140 approval starts the process but does not itself grant a green card. The worker must later file I-485 (if in the US) or go through consular processing abroad.
Key requirements
✓Approved PERM labor certification from the Dept. of Labor for most EB-2 and all EB-3 categories
✓Evidence of the worker's qualifications — degrees, transcripts, professional licenses, employment letters
✓For EB-1A: extensive evidence of extraordinary ability (awards, publications, judging, high salary, etc.)
✓For EB-2 NIW: evidence that the work is in the national interest
✓Evidence of employer's ability to pay the proffered wage for employer-sponsored categories
Common mistakes to avoid
⚠Confusing EB-1, EB-2, and EB-3 requirements — each has very different evidentiary standards
⚠For NIW: providing a weak national interest argument — the standard requires showing substantial merit and national importance
⚠Not checking the Visa Bulletin after I-140 approval — approval does not mean a green card is immediately available
⚠Not filing Premium Processing when H-1B status is expiring and timing is critical
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Processing details
After filing, USCIS issues a receipt notice and reviews the petition. Premium Processing guarantees a decision within 15 business days for an additional fee.
After I-140 approval, the worker's priority date is established. For EB-1 beneficiaries from most countries, a visa number is often immediately available. For EB-2 and EB-3 workers from high-demand countries like India and China, the wait can be extremely long — potentially decades.
Track priority date movement through the monthly Visa Bulletin at travel.state.gov.
After you file
After I-140 approval, monitor the Visa Bulletin monthly. Once your priority date becomes current, proceed to file I-485 (if in the US) or complete consular processing.
Maintain copies of all I-140 approval notices — these are important for future immigration steps and may be needed years later.
Having multiple approved I-140 petitions from different employers or in different categories can provide backup protection and potentially earlier priority dates.
Common situations
Software engineer sponsored by employer
The employer must first complete PERM labor certification, then file I-140. For workers born in India or China, the wait for a visa number can be extremely long. Filing as early as possible to secure an early priority date is critical.
Researcher self-petitioning under NIW
Researchers with significant publication records and impact may qualify for EB-2 NIW without PERM. A strong petition with extensive evidence of research impact, citations, peer review activity, and expert letters is essential.
Frequently asked questions
What is the National Interest Waiver and who qualifies?
The NIW allows foreign workers with advanced degrees or exceptional ability to self-petition for an EB-2 green card without a job offer or PERM labor certification. You must show: (1) your proposed work has substantial merit and national importance, (2) you are well-positioned to advance it, and (3) it would benefit the US to waive the job offer requirement. Common NIW applicants include researchers, scientists, physicians in underserved areas, and entrepreneurs with significant impact.
Can I change jobs after my I-140 is approved?
Yes, with conditions. AC21 portability allows you to change employers after your I-485 has been pending for 180 days and your I-140 is approved, as long as the new job is in the same or substantially similar occupational classification. Consult an immigration attorney before making job changes while an I-485 is pending.
What evidence is needed for EB-1A extraordinary ability?
You must meet at least 3 of 10 criteria: nationally recognized prizes, membership in associations requiring outstanding achievement, published material about you in major media, judging the work of others, original contributions of major significance, authorship of scholarly articles, display of work at artistic exhibitions, leading or critical role in distinguished organizations, high salary relative to others in the field, or commercial successes in the performing arts.
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Official USCIS page for Form I-140
Always download the latest version of the form directly from the official source.