Form I-140
Immigrant Petition for Alien Workers
Filed by U.S. employers to petition for a foreign worker to become a lawful permanent resident based on an employment-based immigrant visa category.
Filing Fee
$700
Processing Time
6 to 18 months (premium processing available for 45 calendar days)
Who Files
U.S. employers for EB-1B, EB-1C, EB-2, and EB-3; self-petitioners for EB-1A and EB-2 NIW.
What is Form I-140?
Form I-140 is the immigrant petition filed by a U.S. employer (or self-petitioner in certain categories) to classify a foreign worker under an employment-based immigrant visa category. It covers EB-1, EB-2, EB-3, and certain EB-4 categories. Approval of the I-140 establishes the worker's priority date and eligibility for an immigrant visa or adjustment of status.
Key Points
Frequently Asked Questions
QWhat is the priority date and why does it matter?
The priority date is the date USCIS receives the I-140 petition (or the PERM application filing date, if PERM is required). It determines your place in the immigrant visa queue. You cannot file for adjustment of status (I-485) until your priority date is current, meaning a visa number is available for your category and country of birth.
QCan I keep my priority date if my employer withdraws the I-140?
If the I-140 was approved and has been approved for at least 180 days, the approval remains valid even if the employer withdraws the petition or goes out of business, unless the approval was based on fraud. You can retain the priority date for a future petition filed by a new employer.
QIs premium processing available for I-140?
Yes, premium processing is available for I-140 petitions for an additional $2,805 fee. USCIS will provide an initial response within 45 calendar days. This is particularly useful for EB-1 and EB-2 NIW cases where there is no PERM labor certification delay.
Practical Tips
Related Forms
Application to Register Permanent Residence or Adjust Status
Filed by individuals already in the U.S. to adjust their status to permanent resident (Green Card).
Application for Employment Authorization
Filed to request an Employment Authorization Document (EAD) for work permission in the U.S.
Application for Travel Document
Used to apply for a reentry permit, refugee travel document, or advance parole.
Affidavit of Support Under Section 213A of the INA
Legally binding contract where a sponsor agrees to financially support the immigrant.
Related Visa Types
EB-1 Extraordinary Ability / Employment First Preference Visa
Employment-based first preference immigrant visa for individuals with extraordinary ability, outstanding professors and researchers, or multinational managers and executives.
EB-2 Advanced Degree / National Interest Waiver Visa
Employment-based second preference immigrant visa for professionals with advanced degrees or exceptional ability, including the National Interest Waiver (NIW) pathway.
EB-3 Skilled Workers / Professionals Visa
Employment-based third preference immigrant visa for skilled workers with at least two years of experience, professionals with bachelor's degrees, and other workers.
U.S. Permanent Resident Card
Permanent residency in the United States, granting the right to live and work permanently.
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