Form I-140 Immigrant Petition Guide: Employment-Based Green Card Process Explained

··Alejandro Daniel Jose·Application Process·11 min read
Form I-140 Immigrant Petition Guide: Employment-Based Green Card Process Explained

Form I-140 (Immigrant Petition for Alien Workers) is one of the most important steps in the U.S. employment-based green card process. Once approved, the I-140 establishes your priority date — your place in line for an immigrant visa number — and provides critical protections that allow you to remain in the U.S. and change jobs while your green card case progresses. This comprehensive guide explains the I-140 petition in detail: who files it, what categories it covers, the evidence required, processing times, premium processing, and what happens after approval.

1. What Is Form I-140?

Form I-140, Immigrant Petition for Alien Workers, is filed with U.S. Citizenship and Immigration Services (USCIS) to classify a foreign national for an employment-based immigrant visa. The I-140 is the second major step in the employment-based green card process for most workers — following the PERM labor certification in EB-2 and EB-3 cases. Approval of the I-140 does not grant a green card; it establishes that the foreign national qualifies for an employment-based immigrant category and locks in the priority date that determines when they can complete the green card process.

The I-140 petition can be filed by the employer on behalf of the employee (in most EB-2 and EB-3 cases) or by the foreign national themselves (for EB-1A extraordinary ability and EB-2 National Interest Waiver cases, both of which allow self-petition). Understanding which I-140 category best fits your situation is critical — different categories have different evidence requirements, processing times, and priority date backlogs.

2. I-140 Employment-Based Immigrant Categories

EB-1: Priority Workers (First Preference)

The EB-1 category covers three distinct subcategories, all of which are exempt from the PERM labor certification requirement:

  • EB-1A — Aliens of Extraordinary Ability: Individuals with extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim. Self-petition allowed — no employer sponsor required. The I-140 must be accompanied by extensive evidence in at least 3 of 10 regulatory criteria (awards, publications, critical role, high salary, etc.).
  • EB-1B — Outstanding Professors and Researchers: Individuals with international recognition for outstanding achievements in a particular academic field with at least 3 years of experience in teaching or research. Employer sponsor required — must be a university or research institution. No PERM required.
  • EB-1C — Multinational Managers and Executives: Individuals who have been employed as a manager or executive for at least 1 of the last 3 years by a related foreign entity, transferring to a U.S. parent, subsidiary, or affiliate. Employer sponsor required. The most common pathway for L-1A visa holders to obtain a green card. No PERM required.

EB-1 priority dates are nearly always current for most nationalities, including India and China (the two most backlogged countries for EB-2 and EB-3). This makes EB-1 petitions strategically important — workers from backlogged countries who qualify for EB-1 can bypass multi-decade waits in EB-2 and EB-3.

EB-2: Advanced Degree Professionals and Exceptional Ability (Second Preference)

The EB-2 category has two main paths:

  • EB-2 Advanced Degree: For workers whose job requires an advanced degree (master’s or higher, or bachelor’s plus 5 years of progressive experience). Employer sponsor and PERM required (unless NIW).
  • EB-2 Exceptional Ability: For individuals with exceptional ability in the sciences, arts, or business (a degree of expertise significantly above that ordinarily encountered). Employer sponsor and PERM required (unless NIW).
  • EB-2 National Interest Waiver (NIW): A subset of EB-2 that waives both the PERM requirement and the job offer requirement, allowing self-petition. Requires demonstrating that the work has substantial merit, national importance, and that the applicant is well-positioned to advance the endeavor. See our EB-2 NIW guide for details.

EB-3: Skilled Workers, Professionals, and Other Workers (Third Preference)

  • EB-3 Skilled Workers: Jobs requiring at least 2 years of training or experience that are not temporary or seasonal. PERM and employer sponsor required.
  • EB-3 Professionals: Jobs requiring at least a U.S. baccalaureate degree or foreign equivalent. PERM and employer sponsor required.
  • EB-3 Other Workers: Unskilled positions requiring less than 2 years of training or experience. PERM and employer sponsor required. Has the longest wait times within EB-3 due to a separate (smaller) annual allocation.

3. Who Files the I-140?

For employer-sponsored categories (most EB-2 and EB-3 cases, EB-1B, EB-1C), the employer files the I-140 as the petitioner. The employer is responsible for all fees, must sign the petition, and must demonstrate the ability to pay the offered wage from the priority date through the date the green card is issued.

For self-petition categories (EB-1A and EB-2 NIW), the foreign national files the I-140 on their own behalf without employer involvement. The filing fee is the same, but the evidence package is entirely the applicant’s responsibility.

4. I-140 Filing Fee and Premium Processing

As of April 2024, the I-140 filing fee is $715. This fee applies regardless of whether the petition is filed by an employer or as a self-petition. If an I-140 was denied and a motion to reopen or reconsider is filed, additional fees apply.

Premium processing is available for the I-140 at a cost of $2,805 (as of April 2024). With premium processing, USCIS guarantees to take action (approve, deny, or issue an RFE) within 15 business days of receiving the premium processing request. Given how critical the I-140 is to establishing the priority date and providing the worker with H-1B extension protections, many employers opt for premium processing. Note that premium processing is filed using Form I-907 and must be submitted with or after the I-140 petition.

5. Evidence Required for the I-140

For Employer-Sponsored EB-2 and EB-3 (with PERM)

  • Certified ETA Form 9089 (approved PERM application) — original or certified copy
  • Evidence of employer’s ability to pay: audited financial statements, annual reports, or federal tax returns showing sufficient net income or net assets to pay the offered wage as of the priority date
  • Evidence of beneficiary’s qualifications: transcripts, diplomas, degree certificates, foreign credential evaluations, employment letters documenting qualifying experience
  • Job offer letter or employment agreement

For EB-1A Self-Petitions

EB-1A requires evidence meeting at least 3 of the following 10 regulatory criteria (or comparable evidence of a one-time achievement like a major international award):

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field
  • Membership in associations requiring outstanding achievement
  • Published material about the person in professional or major trade publications
  • Participation as a judge of others’ work in the field
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
  • Authorship of scholarly articles in professional journals or major media
  • Artistic exhibitions or showcases at distinguished venues
  • Performance in a leading or critical role in distinguished organizations
  • Command of a high salary relative to others in the field
  • Commercial successes in the performing arts

For EB-1C Multinational Manager or Executive

  • Evidence of corporate relationship between U.S. employer and foreign entity (stock certificates, corporate registration documents, organizational charts showing common ownership)
  • Evidence that beneficiary was employed abroad in a managerial or executive capacity for at least 1 year within the last 3 years
  • Evidence of the U.S. company’s ability to pay
  • Organizational charts showing the beneficiary’s role and the people they supervise or the functions they manage

6. I-140 Processing Times (2024–2025)

Standard I-140 processing times at USCIS service centers (Nebraska and Texas Service Centers primarily handle I-140 petitions) vary significantly:

  • Regular processing: Approximately 6 to 18 months as of 2025 (varies by service center, category, and current workload)
  • Premium processing: 15 business days (approximately 3 calendar weeks) — USCIS guarantees action within this window

USCIS publishes current processing times at egov.uscis.gov/processing-times. Processing times fluctuate based on volume and staffing. Because the I-140 establishes the priority date (which is the PERM filing date, not the I-140 filing date), the timing of I-140 filing relative to PERM certification is important — the employer has 180 days from PERM certification to file the I-140, after which the certified PERM expires.

7. The Priority Date: Why I-140 Approval Is So Critical

The most important consequence of I-140 approval is that it locks in the beneficiary’s priority date — the date that determines their place in the immigrant visa queue. For EB-2 and EB-3 cases with PERM, the priority date is the date the PERM application was filed with DOL. For EB-1 and EB-2 NIW cases (no PERM), the priority date is the I-140 filing date.

For nationalities with current or near-current priority dates (most countries except India and China), the priority date becomes immediately or very quickly usable. For Indian and Chinese nationals, the priority date simply marks your place in a queue that may take many years or decades to advance. In either case, having an approved I-140 is the foundation of the entire green card process.

8. I-140 Portability and Job Changes Under AC21

One of the most powerful benefits of an approved I-140 is the job portability it provides under the American Competitiveness in the Twenty-First Century Act (AC21). Under AC21 Section 106(c), if an I-485 adjustment of status application has been pending for 180 days or more, the applicant can change employers or change jobs — and retain their approved I-140 priority date — as long as the new job is in the “same or similar” occupational classification as the original sponsored position.

Even without a pending I-485, an approved I-140 that is not withdrawn provides significant benefits: it can serve as the basis for H-1B extensions beyond the standard 6-year cap under AC21 §104(c) (if PERM or I-140 has been pending 365+ days) and §106(a)/(b) (3-year extensions when visa numbers are unavailable). This means that even if your employer withdraws the I-140 after you leave the company, the priority date is preserved for future use as long as the I-140 was approved and you had at least 180 days of H-1B status after approval.

9. What Happens After I-140 Approval

After the I-140 is approved, the next step depends on whether a visa number is immediately available (whether the priority date is “current” in the State Department’s monthly Visa Bulletin):

  • If a visa number is immediately available (priority date is current): The beneficiary can concurrently file the I-140 and the I-485 adjustment of status application (or proceed with consular processing if abroad). This concurrent filing is possible when the priority date is current in both the “Final Action Dates” and “Dates for Filing” charts in the Visa Bulletin.
  • If no visa number is available (priority date is backlogged): The beneficiary waits in line. During this waiting period, they maintain their H-1B status through extensions (under AC21 §106(a)/(b) if an I-140 is approved). USCIS and State Department publish monthly Visa Bulletins tracking priority date movements.

For workers in the United States, once the priority date is current, they file Form I-485 (Adjustment of Status) to complete the green card process without leaving the country. Workers abroad use consular processing at a U.S. Embassy or Consulate.

10. Frequently Asked Questions About the I-140

Can I withdraw my I-140 if I leave my employer?

You (the employee/beneficiary) cannot withdraw an I-140 — only the petitioning employer can withdraw it. If you leave your employer and the employer withdraws the I-140, the priority date is preserved as long as: (1) the I-140 was approved before withdrawal, and (2) you had been in H-1B status for at least 180 days after the I-140 approval. An approved I-140 that is withdrawn after these conditions are met still provides the beneficiary with their locked priority date for use with a future employer’s I-140.

Can I file two I-140 petitions simultaneously?

Yes. There is no rule against having multiple I-140 petitions pending or approved simultaneously — from different employers or in different categories. Many experienced immigration practitioners recommend pursuing multiple I-140 pathways simultaneously (e.g., both EB-1A self-petition and EB-2 NIW) to maximize your chances of obtaining an early priority date and an approved petition.

What is the difference between I-140 and I-485?

The I-140 establishes your eligibility for an employment-based immigrant visa category and locks in your priority date. The I-485 (Adjustment of Status) is the final application that actually grants you a green card, filed once your priority date is current and you are physically present in the United States. You cannot file the I-485 until the I-140 is approved (or concurrently if your priority date is immediately current) and your priority date is current in the Visa Bulletin.

Does I-140 approval guarantee a green card?

No. I-140 approval means USCIS has determined you qualify for the employment-based immigrant category. You still need to wait for a visa number to become available (priority date to become current), file I-485 (or go through consular processing), pass background checks, pass a medical examination, and be found admissible to the United States. I-140 approval is a critical milestone but not the finish line.

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