Form I-140: Employment-Based Green Card Petition
Form I-140, Immigrant Petition for Noncitizen Workers, is the USCIS petition that establishes a foreign national’s eligibility for an employment-based green card. Approval of Form I-140 does not itself grant permanent residency; it is a required step in the process, after which additional forms and waiting periods may apply depending on visa availability.
This article covers who can file Form I-140, the employment-based categories it covers, the filing process, and key FAQs.
What Is Form I-140?
Form I-140 is an immigrant petition filed with USCIS to classify a foreign national under one of the employment-based preference categories. It is not itself a green card application; rather, it is the petition that establishes eligibility and secures a priority date, which determines the applicant’s place in line for a visa number.
What Does I-140 Approval Mean?
An approved Form I-140 confirms that USCIS has accepted the petitioner’s classification under a specific employment-based preference category. It also establishes the applicant’s priority date—the date USCIS received the petition—which determines position in the visa queue. Approval does not grant permanent residency on its own; the applicant must still wait for a visa number to become available before proceeding to the next step.
Form I-140 and the Path to Permanent Residency
Form I-140 approval is a prerequisite for filing Form I-485, Application to Register Permanent Residence or Adjust Status, which is the petition that actually confers permanent residency. The two forms can be filed concurrently if a visa number is immediately available for the applicant’s category and country of birth. This can significantly shorten the overall application timeline.
If a visa number is not currently available, Form I-140 can still be filed to secure a priority date. The applicant then waits until their priority date becomes current before filing Form I-485. Visa availability can be tracked using the U.S. Department of State’s Visa Bulletin.
Who Can Apply for Form I-140?
Form I-140 covers three employment-based preference categories. Depending on the category, either the applicant or their employer files the petition. Most categories require a PERM labor certification from the Department of Labor (DOL), with the notable exception of the EB-1 category.
EB-1: Priority Workers
The EB-1 category is first preference and covers three subcategories:
- EB-1A: Individuals with extraordinary ability in the sciences, arts, education, business, or athletics. EB-1A applicants may self-petition without employer sponsorship and do not require a PERM labor certification
- EB-1B: Outstanding professors and researchers—requires employer sponsorship
- EB-1C: Certain multinational executives and managers—requires employer sponsorship
EB-1 petitions generally have shorter processing times than other categories and do not require PERM labor certification.
EB-2: Advanced Degree or Exceptional Ability
The EB-2 category covers workers whose employment in the U.S. is based on advanced qualifications or exceptional ability. There are three subcategories:
- Advanced Degree: Professionals holding a master’s degree or higher, or a bachelor’s degree with five years of progressive experience
- Exceptional Ability: Individuals with a degree of expertise significantly above average in their field
- National Interest Waiver (NIW): Individuals whose work is in the national interest of the United States. NIW applicants may self-petition without employer sponsorship
Most EB-2 petitions require employer sponsorship and a PERM labor certification, with the exception of NIW petitions.
EB-3: Skilled Workers, Professionals, and Other Workers
The EB-3 category covers three subcategories:
- Skilled workers: Positions requiring at least two years of training or experience
- Professionals: Workers in positions requiring at least a bachelor’s degree
- Other workers: Positions requiring less than two years of training or experience
All EB-3 petitions require employer sponsorship, a full-time job offer, and a PERM labor certification.
Filing Form I-140
Form I-140 can be filed online through the USCIS online filing system for certain categories, or by mail to the appropriate USCIS service center. The correct filing address depends on the employment-based category, whether Form I-485 is being filed concurrently, and whether premium processing is being requested. Current filing addresses are available on the USCIS website.
The petition must include a valid signature. For employer-sponsored petitions, the employer signs the form. For self-petitions such as EB-1A or EB-2 NIW, the applicant signs. USCIS will reject any unsigned petition.
Form I-140 must be accompanied by the required supporting evidence for the applicable category, as well as the correct filing fee. Working with an immigration attorney before filing can help ensure the petition is complete and correctly categorized.
Form I-140 Required Evidence
Required evidence varies by employment-based category and subcategory. The USCIS Form I-140 checklist provides a full breakdown by petition type. Generally, all petitions must include:
- ETA Form 9089, Application for Permanent Employment Certification, if a PERM labor certification is required for the category
- Evidence of qualifications, such as letters from previous employers or supervisors documenting the applicant’s experience, duties, and relevant training
- Ability to pay documentation for employer-sponsored petitions; the petitioning employer must demonstrate the financial ability to pay the offered wage from the priority date through the grant of permanent residency
An immigration attorney can help ensure the evidence package is complete and properly documented for the specific category being petitioned.
Form I-140 Premium Processing
Premium processing is available for most Form I-140 petitions by filing Form I-907, Request for Premium Processing Service. Form I-907 can be submitted concurrently with Form I-140 or while a pending petition is already on file with USCIS. For petitions already on file, a copy of the Form I-797C, Notice of Action, must be included with the premium processing request.
As of March 2026, the premium processing fee for Form I-140 is $2,965, which guarantees a USCIS decision or Request for Evidence within 15 calendar days. Note that Form I-907 must not be sent to a USCIS lockbox facility. Current filing instructions are available on the USCIS website.
What Happens If Form I-140 Is Denied?
A denied Form I-140 will also result in the denial of any concurrently filed Form I-485. If the I-140 is denied after the I-485 has already been filed separately, the I-485 may also be affected. In some cases, a denial can be appealed or a new petition filed; the appropriate response depends on the reason for denial. An immigration attorney can advise on next steps and help evaluate whether an appeal or refiling is viable.
Frequently Asked Questions
What is the Form I-140 filing fee?
Filing fees for Form I-140 vary depending on the filing method and petitioner type. The base fee is $715 for paper filing and $665 for online filing, plus an Asylum Program Fee that varies by petitioner: $600 for regular businesses, $300 for small employers and self-petitioners, and $0 for nonprofits.
USCIS no longer accepts personal checks, business checks, or money orders for paper filings. Payment must be made by credit, debit, or prepaid card using Form G-1450, or directly from a U.S. bank account using Form G-1650. Current fee amounts should always be confirmed on the USCIS fee schedule before filing.
When will I receive my I-140 approval notice?
USCIS issues a Form I-797, Notice of Action, once a decision has been made on the petition. If approved, the notice confirms the employment-based category under which the petition was granted. If concurrent filing was not done, the approval notice signals that the applicant may move forward in the permanent residency process once a visa number becomes available.
What is the Form I-140 processing time?
Processing times vary depending on the USCIS service center handling the petition and the employment-based category involved. Standard processing typically takes several months. Premium processing is available for most categories, guaranteeing a decision or Request for Evidence within 15 calendar days for an additional fee. Current processing times can be checked using the USCIS processing times tool.
What is the Form I-140 filing address?
The correct filing address depends on the employment-based category, whether Form I-485 or Form I-907 is being filed concurrently, and the courier service being used. Current filing addresses are available on the USCIS Form I-140 page and should be verified before submitting.
How can I check my Form I-140 application status?
Application status can be tracked using the receipt number provided on the Form I-797C, Notice of Action, issued when USCIS receives the petition. Status updates are available through the USCIS online case status tool.
Contact an Immigration Attorney
The Form I-140 process involves selecting the correct employment-based category, assembling the required evidence, and coordinating with employers and the Department of Labor where applicable. Errors or omissions can result in denial, and a denied I-140 can affect a concurrently filed Form I-485 as well. Scott D. Pollock & Associates, P.C. has represented clients in employment-based immigration matters for over 30 years.
Call 312.444.1940 or fill out our online contact form to discuss your situation with an experienced immigration attorney.