Form I-140: Explained

TL;DR

• Form I-140 (Immigrant Petition for Alien Workers) is the petition filed with USCIS to classify a foreign national for an employment-based green card. It is the foundational step in most employment-based green card cases.

• It establishes that the job offer is real, the employer can pay the offered wage, and the worker meets the qualifications for the applicable employment-based category.

• Filing I-140 does not grant a green card or work authorisation. It is step one in a multi-step process.

• There are five EB preference categories (EB-1 through EB-5). Which one applies to you determines who files, what evidence is required, whether PERM is needed, and how long the wait is.

• An approved I-140 locks in your priority date, your place in the green card queue. That date can survive a job change in certain circumstances under the AC21 portability rule.

• Premium processing is available for most I-140 categories and guarantees USCIS will take action within 15 business days for an additional fee of $2,965 (as of March 1, 2026).

What Is Form I-140?

Form I-140, officially titled the Immigrant Petition for Alien Workers, is the petition filed with USCIS to classify a foreign national worker as eligible for an employment-based immigrant visa (green card).

It is the foundational document in most employment-based green card processes (example: EB-2 NIW green card) and establishes two core things:

• That the worker qualifies for the specific employment-based category being claimed.

• That the employer has the financial ability to pay the offered wage.

What Form I-140 does not do is equally important to understand. Approval of an I-140 does not grant a green card. It does not authorize work. It does not schedule an interview. It simply establishes USCIS's finding that the worker is eligible for the employment-based immigrant classification and locks in a priority date, the worker's place in line for a visa number.

Getting from an approved I-140 to an actual green card requires at least one additional step: either adjustment of status (Form I-485) if the worker is in the United States, or consular processing at a U.S. embassy or consulate abroad.

The form has been in use for decades, but the rules around it like the filing fees, processing timelines, premium processing availability, and concurrent filing eligibility, etc., have shifted meaningfully in recent years. This guide reflects the rules as of 2025-2026.

Who Files Form I-140?

In most employment-based categories, the U.S. employer files Form I-140 on behalf of the foreign national worker.

The employer is the petitioner; the worker is the beneficiary. The employer is the one making the job offer, and it is the employer's financial capacity that is being attested to.

There are two important exceptions where the worker may file on their own behalf, without needing employer sponsorship:

• EB-1A (Extraordinary Ability): Workers of extraordinary ability in the sciences, arts, education, business, or athletics may self-petition. No job offer is required. The worker petitions on their own behalf and does not need an employer to file for them or to sponsor the petition.

• EB-2 National Interest Waiver (NIW): Workers who can demonstrate their work is in the U.S. national interest may request a waiver of the job offer and labor certification requirements and self-petition. No employer sponsorship is required for an approved NIW.

All other I-140 categories including EB-1B, EB-1C, standard EB-2, all EB-3 categories, and applicable EB-4 categories, require a U.S. employer to file the petition. The worker cannot initiate these petitions independently.

One procedural note: I-140 can now be filed online through a USCIS online account, but only when filing a standalone I-140 without any other form attached (except Form G-28 if an attorney or accredited representative is involved).

If filing concurrently with Form I-485, the petition must be filed by mail. If requesting premium processing via Form I-907 at the same time as the I-140, that too requires a mail filing. However, if you have already submitted your I-140 online, you may still request premium processing afterward by filing Form I-907 separately by mail. Online filing does not foreclose premium processing, it simply cannot be requested in the same submission.

The Employment-Based Green Card Categories and Form I-140

Form I-140 covers the EB-1, EB-2, and EB-3 employment-based preference categories. EB-4 and EB-5 use different petition forms entirely.

Understanding which EB category applies to a given situation is the most important step before filing as it determines who files, what evidence is required, whether PERM labor certification is needed first, and how long the wait for a visa number will be.

EB-1: Priority Workers

EB-1 is the first preference category, reserved for workers with the highest levels of accomplishment or for multinational executives and managers. It is strategically valuable because EB-1 priority dates are current or near-current for most countries, meaning the wait for a visa number is typically short compared to EB-2 and EB-3.

EB-1A

Aliens of Extraordinary Ability Workers with extraordinary ability in the sciences, arts, education, business, or athletics may self-petition under EB-1A. No job offer is required. No employer needs to file the petition.

The worker must demonstrate sustained national or international acclaim and provide extensive evidence establishing they are among the small percentage who have risen to the very top of their field.

To qualify, a petitioner must show either a major one-time achievement (such as an internationally recognized award like a Nobel Prize or Oscar), or evidence meeting at least three of ten regulatory criteria established in 8 CFR 204.5(h)(3), such as receipt of lesser nationally or internationally recognized prizes, published material about the person in major media, judging the work of others, original contributions of major significance, or commanding a high salary relative to others in the field.

EB-1B

Outstanding Professors and Researchers Outstanding professors and researchers with international recognition in their academic field qualify under EB-1B. This category requires an employer to file, the worker cannot self-petition.

Per the USCIS I-140 instructions, the employer must demonstrate the worker has at least three years of experience in teaching or research, is recognized internationally as outstanding in their academic field, and is being offered a tenure-track or permanent research position.

The petitioner must provide at least two forms of qualifying evidence, such as receipt of major prizes or awards for outstanding work, membership in associations that require outstanding achievement, published material in professional publications about the beneficiary's work, peer review participation, or original scientific or scholarly research contributions of major significance.

EB-1C

Multinational Executives and Managers EB-1C allows U.S. companies to sponsor executives and managers who have worked for a related entity abroad for at least one year within the three years preceding the I-140 filing (or the most recent nonimmigrant admission in an executive or managerial capacity).

Per the I-140 instructions, the U.S. employer must demonstrate: the worker has been employed in an executive or managerial capacity abroad by the petitioner or its parent, branch, subsidiary, or affiliate for at least one year in the past three; the prospective U.S. employer is the same entity or a qualifying affiliate; the U.S. employer has been doing business for at least one year; and the worker will work in the U.S. in a managerial or executive capacity.

EB-1C is the primary green card pathway for L-1A visa holders and does not require PERM labor certification.

EB-2: Advanced Degree Professionals and Workers of Exceptional Ability

EB-2 is the second preference category, covering professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business. Most EB-2 cases require PERM labor certification before the I-140 can be filed, with the notable exception of the National Interest Waiver.

Standard EB-2 (with PERM)

The employer must obtain an approved PERM labor certification and then file I-140 with the certified ETA Form 9089 attached. The worker must hold a U.S. advanced degree (master's or higher) or a foreign equivalent, or a U.S. bachelor's degree or foreign equivalent plus at least five years of progressive post-baccalaureate work experience in the specialty - per the USCIS I-140 checklist. The exception is the National Interest Waiver.

EB-2 National Interest Waiver (NIW)

Workers can self-petition and bypass the job offer and labor certification requirements if they can demonstrate their work is in the U.S. national interest. The current NIW framework derives from the AAO's precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), which established a three-part test:

1. The proposed endeavor has substantial merit and national importance

2. The worker is well positioned to advance that endeavor

3. It would be beneficial to the U.S. to waive the job offer and labor certification requirements

NIW self-petitions require substantial evidentiary documentation and are carefully scrutinized, but they offer meaningful strategic advantages, particularly for researchers, scientists, and entrepreneurs whose work is genuinely in the national interest.

EB-2 Exceptional Ability

Workers who do not hold an advanced degree but have exceptional ability in their field may also qualify under EB-2.

Per the USCIS I-140 evidence checklist, exceptional ability can be established through evidence such as:

• An official academic record showing a degree relating to the area of exceptional ability

• A letter showing at least ten years of full-time experience

• A professional license or certification

• Evidence of a salary demonstrating exceptional ability

• Membership in professional associations

• Recognition from peers or government entities

If the standard criteria do not readily apply, comparable evidence may be submitted.

EB-3: Skilled Workers, Professionals, and Other Workers

EB-3 is the third preference category and the most broadly accessible, it covers a wide range of workers but also carries the longest wait times for high-demand countries like India and China, where backlogs can stretch to decades.

All EB-3 subcategories require PERM labor certification.

• Skilled Workers: Positions requiring at least two years of training or work experience. PERM required.

• Professionals: Positions requiring a U.S. bachelor's degree or foreign equivalent. PERM required.

• Other Workers (Unskilled): Positions requiring less than two years of training or experience. PERM required. This subcategory faces the longest wait times of any EB category.

EB-4 and EB-5: A Brief Note

EB-4 covers certain special immigrants including religious workers, broadcasters, certain physicians, and others. Most EB-4 cases use Form I-360, not Form I-140. EB-5 covers immigrant investors and uses Form I-526 or I-526E, not Form I-140. Both categories fall outside the scope of this guide.

What Is PERM Labor Certification and How Does It Relate to Form I-140?

PERM labor certification (ETA Form 9089) is a U.S. Department of Labor process that most EB-2 and EB-3 employers must complete before filing Form I-140. It requires the employer to conduct a supervised recruitment campaign proving that no minimally qualified U.S. workers are available and willing to fill the position at the prevailing wage before sponsoring a foreign national. An approved PERM certification is filed with USCIS as a required attachment to the I-140.

Most EB-1 cases, EB-2 NIW cases, and Schedule A occupations (which include physical therapists and certain nurses) are exempt from PERM. For all other EB-2 and EB-3 categories, PERM is a mandatory pre-requisite.

One procedurally important rule from USCIS: PERM certifications expire 180 days from the date of certification. The I-140 must be received by USCIS before that 180-day window closes. If the I-140 is not filed in time, the employer must restart the PERM process from scratch.

The priority date for PERM-based cases is the date the PERM application (ETA Form 9089) was filed with the Department of Labor and not the date PERM was approved, and not the date I-140 was filed.

This is an important distinction because PERM approval can take many months, during which the priority date clock is already running. For non-PERM categories (EB-1, NIW), the priority date is the date USCIS receives the I-140 petition.

What Is a Priority Date and How Does Form I-140 Establish It?

A priority date is your place in line for an employment-based green card visa number. For most EB-2 and EB-3 categories, the priority date is the date the PERM labor certification was filed. For EB-1 and NIW self-petition categories, it is the date USCIS receives the I-140 petition. Your priority date must be "current" before you can proceed to the final step of the green card process which is adjustment of status or consular processing.

The Department of State publishes the Visa Bulletin monthly, which tracks two cutoff dates for each EB category and country of birth: the Final Action Date (when an immigrant visa can actually be issued or an I-485 can be approved) and the Date for Filing (when certain applicants may be able to file I-485 if USCIS has authorized the use of that chart). A priority date that is "current" means it is earlier than - or equal to - the applicable cutoff date.

For workers born in countries with high demand for employment-based visas (particularly India and China) the wait between an approved I-140 and a current priority date can be extraordinarily long for EB-2 and EB-3 categories. For workers born in most other countries, priority dates for EB-1, EB-2, and EB-3 are typically current or near-current, meaning the wait after I-140 approval is short.

The priority date established by an approved I-140 is a durable asset. Under certain circumstances, it can be transferred to a new I-140 petition even if the worker changes employers. This is discussed in the AC21 portability section below.

How to File Form I-140: Step by Step

Filing Form I-140 requires assembling a petition package that includes the completed form, supporting documentation, and the correct filing fee. For PERM-based categories, the certified ETA Form 9089 must also be included.

• Step 1: Determine the correct EB category. The category determines everything that follows - who files, what documents are required, whether PERM is needed, and what the strategic implications are for green card timing and pathway.

• Step 2: Complete PERM labor certification if required. For EB-2 (non-NIW) and EB-3 cases, the employer must file and receive an approved PERM certification from the Department of Labor before proceeding to I-140. PERM typically takes many months. The I-140 cannot be filed until PERM is certified.

• Step 3: Complete Form I-140. Download the current edition from uscis.gov. As of the April 1, 2024 fee rule change, there is no grace period for outdated editions of I-140 - use only the current version. Per USCIS, the form must include a valid handwritten or USCIS-accepted electronic signature; signatures created by typewriter, stamp, autopen, or external electronic signature software are not accepted and will result in rejection.

• Step 4: Assemble supporting documentation. Requirements vary by category and are detailed in the section below. At minimum, every I-140 package must include evidence of the worker's qualifications and the employer's ability to pay.

• Step 5: Calculate and pay the correct filing fee. The base filing fee for Form I-140 is $715 (effective April 1, 2024). Most employer-filed petitions also require an additional Asylum Program Fee of $600 (or $300 for employers with 25 or fewer full-time-equivalent employees; nonprofits are exempt from the Asylum Program Fee). Always verify the current fee on the USCIS fee schedule at uscis.gov/g-1055 before filing - submitting the wrong fee amount results in rejection with no exceptions.

• Step 6: Choose how to file - mail or online. Standalone I-140 petitions (without Form I-907 or I-485) can be filed online through a USCIS online account. All other I-140 filings must be submitted by mail to the correct USCIS service center. File to the wrong location and the petition will be rejected.

• Step 7: Receive the receipt notice (Form I-797). After USCIS receives and accepts the petition, they issue a receipt notice confirming the filing date - which becomes the priority date for non-PERM cases. Keep this document. It confirms your priority date and provides the receipt number for case tracking.

• Step 8: Monitor your case and respond to any Request for Evidence. If USCIS needs additional documentation, they will issue an RFE. Response deadlines are firm. Respond thoroughly and on time.

• Step 9: Receive the approval or denial notice. An approval notice establishes the I-140 is approved. A denial triggers the decision on whether to appeal, file a motion, or refile.

What Documents Are Required for Form I-140?

The documents required for Form I-140 vary by category. The USCIS evidence checklist (available at uscis.gov) is the authoritative source for each category's requirements.

The following is a category-by-category summary based on that checklist and the official form instructions.

For all I-140 petitions:

• Completed and signed Form I-140 (current edition)

• Correct filing fee payment

• Evidence of the employer's ability to pay the offered wage (see section below)

• Evidence the worker meets the qualifications stated in the petition

For PERM-based petitions (standard EB-2 and EB-3):

• Certified ETA Form 9089 (Application for Permanent Employment Certification), with all required signatures from employer, attorney (if applicable), and beneficiary

• Evidence the worker meets the minimum requirements stated on the certified PERM

For EB-1A (Extraordinary Ability):

• Evidence of a major one-time achievement (such as a major internationally recognized award), OR evidence meeting at least three of the ten regulatory criteria at 8 CFR 204.5(h)(3)

• No employer letter or job offer required for self-petitions

• A detailed cover letter or index explaining which criteria are being claimed and what evidence supports each is strongly recommended per USCIS filing guidance

For EB-1B (Outstanding Professor or Researcher):

• Evidence the beneficiary is recognized internationally as outstanding in the academic field

• Evidence of at least three years of teaching or research experience in the field

• Evidence of at least two forms of qualifying evidence (prizes, publications, peer review participation, significant scholarly contributions, etc.)

• Evidence of a qualifying permanent or tenure-track position

For EB-1C (Multinational Executive or Manager):

• Evidence of the qualifying corporate relationship between the U.S. entity and the foreign entity

• Evidence the beneficiary was employed in an executive or managerial capacity abroad by the petitioner or a qualifying affiliate for at least one year in the past three years

• A description of the U.S. and foreign duties and how they meet the executive or managerial capacity standard

• Evidence the U.S. employer has been doing business for at least one year

For EB-2 NIW (National Interest Waiver):

• Evidence of an advanced degree or exceptional ability

• Extensive evidence addressing all three prongs of the Matter of Dhanasar framework: substantial merit and national importance of the endeavor; the beneficiary's positioning to advance it; and the benefit of waiving the job offer and labor certification requirements

• An uncertified ETA Form 9089 and Final Determination, signed by the petitioner (if employer-filed), attorney (if applicable), and beneficiary - per USCIS filing guidance for NIW cases

What Is the Employer's Ability to Pay Requirement?

USCIS requires that the petitioning employer demonstrate it has the financial ability to pay the offered wage from the priority date until the worker becomes a permanent resident. This does not mean the employer must be paying the wage right now during the petition phase - it means the employer must demonstrate the financial capacity to do so.

USCIS evaluates ability to pay using the employer's annual reports, federal tax returns, or audited financial statements. There are three accepted methods of establishing ability to pay:

1. Net income: The employer's net income equals or exceeds the offered wage.

2. Net current assets: The employer's net current assets (current assets minus current liabilities) equal or exceed the offered wage.

3. Current payment of offered wage: The employer is already paying the beneficiary the offered wage or higher.

Note that gross revenue is not the measure - USCIS looks at net income or net current assets. A company with high revenue but thin margins may still face an ability-to-pay RFE if its net income does not cover the offered wage.

For small businesses, this requirement can be a challenge. Startups or newly established companies with limited financial history should work with immigration counsel to determine the strongest way to document financial capacity before filing.

Form I-140 Processing Times and Premium Processing

Standard Form I-140 processing times vary by USCIS service center and current filing volumes. USCIS publishes updated processing time estimates monthly at uscis.gov/check-processing-times. Always check that page for current estimates before planning a timeline, they shift frequently.

Premium Processing is available for most I-140 categories, including EB-1, EB-2, and EB-3 petitions. Premium processing is requested by filing Form I-907 (Request for Premium Processing Service) either concurrently with the I-140 or separately after the I-140 is pending.

When premium processing is filed concurrently with I-140, the two forms must be submitted together by mail and they cannot be combined in an online filing.

When upgrading an already-pending I-140 to premium processing, Form I-907 is filed separately and mailed to the service center where the I-140 is pending.

• What premium processing guarantees: USCIS will take adjudicative action, meaning an approval, denial, or RFE within 15 business days of receiving the Form I-907. This replaced the prior 15 calendar day standard as of April 1, 2024, effectively giving USCIS a few additional days.

• What premium processing does not guarantee: Approval. If the petition has evidentiary weaknesses, premium processing results in a faster RFE or denial and not a faster approval. It also does not accelerate visa number availability, priority date movement, or the processing of any subsequent forms (I-485, etc.).

• Premium processing fee: The current premium processing fee for Form I-140 is $2,965, effective March 1, 2026. This is in addition to the standard I-140 filing fee. Per the DHS final rule published January 12, 2026, the increase reflects inflation from June 2023 through June 2025 as measured by the CPI-U. Petitions postmarked on or after March 1, 2026 must include the new $2,965 fee; the prior fee was $2,805. Any Form I-907 postmarked on or after March 1, 2026 with the incorrect fee will be rejected.

What Happens After Form I-140 Is Approved?

An approved Form I-140 does not mean a green card is on its way immediately. It means USCIS has confirmed the worker's eligibility for an employment-based immigrant visa classification.

What happens next depends entirely on whether a visa number is immediately available, which is determined by the worker's priority date, their country of birth, and the current Visa Bulletin.

• If a visa number is immediately available: The worker can proceed to the final step which is either adjustment of status (Form I-485) if they are in the United States, or consular processing at a U.S. embassy abroad. In some cases, I-140 and I-485 can be filed concurrently if the priority date is current at the time of filing.

• If a visa number is not immediately available: The worker waits. The I-140 remains approved and the priority date is preserved. When the Visa Bulletin shows the priority date has become current, the worker can then file I-485 or proceed with consular processing.

This waiting period can be months or, for workers born in high-demand countries like India and China in EB-2 and EB-3 categories, potentially many years.

• Concurrent filing: USCIS sometimes allows concurrent filing of I-140 and I-485 even before the I-140 is approved, when a visa number is available. This can be strategically valuable because it allows the worker to apply for work authorisation (Form I-765) and advance parole (Form I-131) while the I-140 is still pending.

• Visa retrogression: Priority dates in the Visa Bulletin can move backward (retrograde) as well as forward. A worker whose priority date becomes current and then retrogresseses may have their I-485 placed on hold until the date becomes current again.

Can I Keep My I-140 Priority Date If I Change Jobs?

Under the American Competitiveness in the 21st Century Act (AC21), a worker can change employers and retain their approved I-140 priority date under specific conditions. This rule exists to protect workers who have waited years for a visa number from losing their place in line simply because they changed jobs.

The AC21 portability rule (INA section 204(j), as implemented through USCIS Policy Manual 7 USCIS-PM E.5) allows a worker to port their I-140 to a new employer when:

1. The I-485 has been pending for at least 180 days at the time the worker changes jobs.

2. The new job is in the same or a similar occupational classification as the job described in the I-140. USCIS uses the Standard Occupational Classification (SOC) codes to assess whether jobs are same or similar.

To formally invoke portability, the worker or their new employer files Form I-485 Supplement J, which confirms the new job offer and requests portability under INA 204(j).

Note that Supplement J is required whenever confirming a bona fide job offer for an I-485 in an employment-based category that requires one and not only in portability situations.

What happens to the original I-140 when the worker ports? The underlying I-140 approval is what carries the priority date.

If the original sponsoring employer withdraws the I-140 after the I-485 has been pending for 180 days, and the worker has filed for portability, the I-140 generally remains valid for purposes of priority date portability, even after withdrawal.

Workers should keep certified copies of all I-140 approval notices, as these are the documentary evidence of the priority date and approved classification.

Form I-140 Denial: What to Do Next

If Form I-140 is denied, the petitioner has several options. The right path depends on the reason for the denial and whether the underlying eligibility issue can be addressed.

Most I-140 denials stem from one of a handful of recurring issues: insufficient ability-to-pay evidence, a finding that the worker does not meet the minimum requirements stated on the PERM (for PERM-based cases), insufficient evidence for extraordinary ability or outstanding researcher claims, or an inadequately responded-to RFE.

• Motion to Reopen: Filed when new evidence is available that could change the outcome. A motion to reopen asks USCIS to reconsider the decision in light of new facts or documents.

• Motion to Reconsider: Filed when the petitioner believes USCIS made a legal or factual error in the denial. No new evidence is introduced; instead, the argument is that the existing record was improperly adjudicated.

• Appeal to the USCIS Administrative Appeals Office (AAO): For most I-140 denials, the AAO has jurisdiction to hear appeals. AAO decisions are published and create precedent, which can be strategically useful in complex cases.

• Filing a new I-140 petition: In some cases, the most practical path is to refile with a stronger evidentiary package rather than appeal the denial of the original.

• Impact on any pending I-485: A denied I-140 can have significant consequences for a concurrently pending I-485. The I-485 generally cannot be approved without an approvable I-140 as its basis. Workers in this situation should consult with immigration counsel promptly.

Common Mistakes That Lead to I-140 Denials or RFEs

Conclusion

Form I-140 is the starting point of nearly every employment-based green card journey. Filing it successfully, choosing the right category, documenting the worker's qualifications thoroughly, establishing the employer's ability to pay, and getting the priority date locked in as early as possible; determines how the entire case unfolds from there.

The approved I-140 is more than a step in the process. It is a durable asset. The priority date it establishes can be carried forward through job changes, absorbed into new petitions, and protected through AC21 portability.

For workers facing long waits due to country-of-birth backlogs, the I-140 approval may be filed and sitting approved for years before a visa number becomes available, which makes filing it correctly, and filing it early, more important than ever.

Work with an experienced immigration attorney to assess which EB category best fits your situation, build the strongest possible evidentiary package, and stay current on USCIS processing developments that affect your case.

Frequently Asked Questions

What is Form I-140 used for?

Form I-140 (Immigrant Petition for Alien Workers) is used to petition USCIS to classify a foreign national as eligible for an employment-based immigrant visa (green card).

It establishes the worker's qualifications for the specific EB category being claimed and the employer's financial ability to pay the offered wage.

Approval of I-140 does not grant a green card, it is the first step in a multi-step process that ends with either adjustment of status (Form I-485) or consular processing.

Who files Form I-140 - the employer or the employee?

In most employment-based categories, the U.S. employer files Form I-140 on behalf of the foreign national worker.

However, two categories allow self-petitioning:

• EB-1A (Extraordinary Ability)

• EB-2 National Interest Waiver

In these two categories, the worker files the petition on their own behalf without needing an employer to sponsor them.

All other I-140 categories, including EB-1B, EB-1C, standard EB-2, and all EB-3 subcategories, require employer filing.

How long does I-140 take to process?

Processing times vary by service center and current filing volumes. USCIS publishes updated estimates monthly at uscis.gov/check-processing-times.

Standard processing can range from a few months to well over a year depending on category and workload. Premium processing (Form I-907) is available for most I-140 categories and guarantees USCIS will take action (approval, denial, or RFE) within 15 business days of receipt.

What is premium processing for Form I-140?

Premium processing is an optional expedited service that guarantees USCIS will take adjudicative action on a pending I-140 within 15 business days.

It is requested by filing Form I-907 alongside or separately from the I-140. The current premium processing fee for I-140 is $2,965, effective March 1, 2026.

Premium processing does not guarantee approval. If the petition has evidentiary weaknesses, USCIS will issue an RFE or denial within that 15-business-day window. It also does not speed up visa number availability or the I-485 process.

Can I self-petition with Form I-140?

Yes, but only in two categories. Workers filing under EB-1A (Extraordinary Ability) may self-petition without a job offer or employer sponsorship.

Workers filing under EB-2 National Interest Waiver (NIW) may also self-petition without a job offer or PERM labor certification. All other I-140 categories require a U.S. employer to file the petition on the worker's behalf.

What happens to my I-140 if I change jobs?

Under the AC21 portability rule (INA section 204(j)), a worker can change employers and retain their I-140 priority date if their I-485 has been pending for at least 180 days and the new job is in the same or similar occupational classification as the job described in the I-140.

To invoke portability, the worker or their new employer files Form I-485 Supplement J.

If the original employer withdraws the I-140 after the I-485 has been pending for 180 days and portability has been properly invoked, the priority date is generally preserved even after withdrawal.

What is a priority date and how does I-140 establish it?

A priority date is your place in the queue for an employment-based visa number.

For PERM-based I-140 petitions (most EB-2 and EB-3 cases), the priority date is the date the PERM labor certification application was filed with the Department of Labor and not the date PERM was approved or I-140 was filed.

For non-PERM categories (EB-1 and EB-2 NIW), the priority date is the date USCIS receives the I-140 petition. Your priority date must be "current" per the monthly Visa Bulletin before you can proceed to adjustment of status or consular processing.

Can my employer withdraw my I-140 after it is approved?

Yes. An employer can withdraw an approved I-140, typically when an employee leaves the company.

However, if the employee's I-485 has been pending for at least 180 days at the time of withdrawal, the I-140 generally remains valid for purposes of priority date portability under AC21, even after withdrawal.

This is why workers should always retain copies of their I-140 approval notices and understand their portability rights before changing employers.

Do I need PERM before filing Form I-140?

It depends on the EB category. PERM labor certification is required for standard EB-2 petitions and all EB-3 subcategories.

PERM is not required for EB-1 categories (EB-1A, EB-1B, or EB-1C), for EB-2 National Interest Waiver petitions, or for Schedule A shortage occupations (such as physical therapists and certain nurses).

For PERM-based cases, the I-140 must be filed and received by USCIS within 180 days of the PERM certification date.

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

Form I-140 is the immigrant petition, it establishes the foreign national's eligibility for an employment-based green card classification.

Form I-485 (Application to Register Permanent Residence or Adjust Status) is the application for the actual green card, filed by the worker who is already in the United States.

I-140 comes first; I-485 comes after (when a visa number is available). They can be filed concurrently in some circumstances, but they are separate forms with separate fees, evidence requirements, and adjudication processes.

This article is intended for general informational purposes only and does not constitute legal advice. Immigration requirements, fees, and processing times change frequently. Always verify current USCIS requirements at uscis.gov before filing. For guidance specific to your situation, consult a licensed immigration attorney.