I-140 Immigrant Petition

The petition that proves a worker qualifies for a specific green card category and secures their place in line for permanent residence.

4-12 months

Processing Time

Permanent (green card step)

Duration

Overview

Form I-140, Immigrant Petition for Alien Workers, is the second major step in most employment-based green card processes (after PERM labor certification, when required). It is the petition where the employer demonstrates that the foreign worker qualifies for a specific employment-based green card category.

The I-140 establishes the beneficiary's priority date and proves they meet the requirements for their category—whether EB-1 for extraordinary ability, EB-2 for advanced degree professionals, or EB-3 for skilled workers. For categories requiring PERM, the I-140 also demonstrates that the employer has the financial ability to pay the offered wage.

An approved I-140 is crucial for the green card process. It locks in the priority date, enables H-1B extensions beyond 6 years, and allows the worker to eventually adjust status or pursue consular processing. The I-140 can be filed with premium processing for faster adjudication.

Key Requirements

  • You have an approved PERM labor certification (for most EB-2/EB-3)
  • You qualify for a green card category (EB-1, EB-2, EB-3, etc.)
  • Your employer can demonstrate ability to pay the offered wage
  • You meet the education and experience requirements
  • Your employer is committed to sponsoring your green card

Frequently Asked Questions

After approval, you wait for your priority date to become current (a visa number available). Then you can file for Adjustment of Status (if in the U.S.) or pursue consular processing abroad. The wait depends on your country of birth and preference category—it can range from immediate to many years.

You can change jobs, but your I-140 may be withdrawn by the sponsoring employer. If approved for 180+ days before withdrawal, you retain the priority date for future use. To continue the same green card process with a new employer, they must file a new PERM and I-140.

Premium processing guarantees a response (approval, denial, or RFE) within 15 business days for an additional $2,805 fee. It's often worthwhile for time-sensitive cases, such as when you need I-140 approval to extend H-1B beyond 6 years.

Yes, common denial reasons include: employer inability to pay the offered wage, beneficiary not meeting the job requirements, issues with the underlying PERM, or insufficient evidence for the category claimed. Denials can sometimes be appealed or the petition refiled.

If your I-140 has been approved for at least 180 days and your I-485 adjustment application has been pending for 180 days, you can 'port' to a new employer in a same or similar occupation. The new employer doesn't need to file a new PERM or I-140 for this specific case to continue.

Recommended Resource

PERM Green Card Roadmap & Timeline

A comprehensive guide to the three-step PERM green card process, including labor certification, I-140 petition, and adjustment of status or immigrant visa processing, with timelines, costs, and legal fees.

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Dhaval Bajaria

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