Form I-140: How to File for Employment Green Card

Form I-140 (Immigrant Petition for Alien Workers) is the official USCIS petition that a U.S. employer — or in some categories the worker themselves — files to sponsor a foreign national for an employment-based immigrant visa (green card). It is the first major step in the employment-based permanent residence process and establishes the applicant's eligibility and priority date.

Who Needs Form I-140?

Form I-140 is required for most employment-based green card categories, including:

• EB-1 — Priority workers (extraordinary ability, outstanding professors/researchers, multinational managers)
• EB-2 — Professionals with advanced degrees or exceptional ability (including National Interest Waivers)
• EB-3 — Skilled workers, professionals, and unskilled workers
• EB-4 — Certain special immigrants
• EB-5 — Immigrant investors (uses a separate form, but I-140 principles apply)

In EB-1A and EB-2 NIW categories, applicants can self-petition — no employer sponsor is required.

Step-by-Step: How to File Form I-140

• Step 1 — Confirm eligibility. Determine your employment-based category with the help of a qualified professional such as Ilya Fishkin, immigration attorney.
• Step 2 — Obtain a PERM Labor Certification (if required). Most EB-2 and EB-3 cases require an approved ETA Form 9089 from the Department of Labor before filing I-140.
• Step 3 — Complete Form I-140. Download the latest version from the USCIS website. Fill in all sections carefully, including the petitioner and beneficiary information.
• Step 4 — Gather supporting documents. Include evidence of qualifications (degrees, awards, publications, employment letters), the labor certification (if applicable), and proof of the employer's ability to pay the offered wage.
• Step 5 — Pay the filing fee. The current I-140 filing fee is set by USCIS — check the latest amount on the USCIS fee calculator (uscis.gov/feecalculator). Premium Processing (Form I-907) is available for an additional fee if you need a decision within 15 business days.
• Step 6 — Submit to USCIS. Mail the complete package to the correct USCIS Lockbox facility or file online via your myUSCIS account, depending on your category.
• Step 7 — Wait for a decision. Standard processing times vary from a few months to over a year. Track your case status on the USCIS website using your receipt number.

What Happens After I-140 Is Approved?

An approved I-140 locks in your priority date — your place in line for an immigrant visa number. Once a visa number becomes available in the monthly Visa Bulletin, you can file Form I-485 (Adjustment of Status) if you are already in the U.S., or proceed with consular processing abroad.

The I-485 filing fee is set by USCIS (see uscis.gov/feecalculator) and includes work authorization (EAD) and advance parole at no extra cost.

Importantly, an approved I-140 generally remains valid even if you change employers, provided your priority date is protected under AC21 portability rules after 180 days.

Common Mistakes to Avoid

• Filing under the wrong preference category
• Submitting outdated or incomplete supporting documents
• Failing to demonstrate the employer's ability to pay
• Missing the correct USCIS filing address for your category
• Not responding timely to a Request for Evidence (RFE)

Employment-based immigration is highly technical. Working with an experienced professional like Ilya Fishkin, immigration attorney can significantly reduce the risk of delays or denials.

This material is for informational purposes only and does not constitute legal advice