Form I-140: Complete Guide to the Immigrant Petition for Alien Workers
Form I-140, Immigrant Petition for Alien Workers, is the central petition form for employment-based green cards. Whether you're filing for EB1A, EB1B, EB2, or EB3, this guide covers everything you need to know: eligibility categories, step-by-step instructions, filing fees, processing times, and how to handle RFEs.
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 worker under one of the employment-based (EB) immigrant visa categories. An approved I-140 is the first major step toward obtaining an employment-based green card.
The I-140 petition establishes three things: (1) the foreign worker meets the requirements of the EB category, (2) the petitioning employer (if applicable) has the ability to pay the offered wage, and (3) there is a legitimate job offer (except for EB1A self-petitions and EB2-NIW).
The form itself is relatively short — the real substance is in the supporting evidence and documentation submitted with it. For categories like EB1A, the petition letter and supporting evidence package can run hundreds of pages.
Who Files I-140 and When?
Who files the I-140 depends on the category:
| Category | Petitioner | PERM Required? |
|---|---|---|
| EB1A | Self-petition (the worker files for themselves) | No |
| EB1B | Employer files on behalf of the worker | No |
| EB1C | Employer files on behalf of the worker | No |
| EB2 | Employer (standard) or self-petition (NIW) | Yes (standard) / No (NIW) |
| EB3 | Employer files on behalf of the worker | Yes |
The I-140 can be filed once all prerequisites are met. For EB2/EB3 employer-sponsored cases, this means the PERM labor certification (ETA-9089) must be certified first. For EB1A and EB2-NIW, there is no PERM requirement, so the I-140 can be filed immediately once the evidence package is ready.
I-140 Categories Explained
For individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Self-petition allowed — no employer or job offer needed.
Requirements:
- - Meet 3 of 10 regulatory criteria (or provide evidence of a one-time major achievement)
- - Demonstrate sustained acclaim through the totality of evidence
- - Intend to continue working in the area of extraordinary ability in the U.S.
For professors and researchers with at least 3 years of experience in teaching or research who are internationally recognized as outstanding in their specific academic area. Requires an employer sponsor with a permanent research or tenure-track position.
Requirements:
- - Meet 2 of 6 regulatory criteria
- - 3+ years of experience in teaching/research
- - Employer must offer a permanent research or teaching position
For managers and executives who have been employed for at least 1 of the 3 preceding years by a qualifying overseas entity of the same employer. The U.S. employer must have been doing business for at least 1 year.
Requirements:
- - Managerial or executive capacity abroad and in the U.S.
- - Qualifying relationship between U.S. and foreign companies
- - At least 1 year of employment abroad in the prior 3 years
For professionals with an advanced degree (Master's or higher, or Bachelor's + 5 years of progressive experience) or individuals with exceptional ability in the sciences, arts, or business. Includes the National Interest Waiver (NIW) subcategory.
Two paths:
- - Standard EB2: Requires employer sponsor + PERM labor certification
- - EB2-NIW: Self-petition, no employer or PERM needed (three-prong Dhanasar test)
For skilled workers (2+ years of training/experience), professionals (Bachelor's degree), and other workers (unskilled labor requiring less than 2 years training). Always requires employer sponsor and PERM labor certification.
Step-by-Step I-140 Filing Instructions
Here's the general process for filing Form I-140. Steps vary slightly by category.
Determine Your Category
Identify which EB category you qualify for. If unsure, our free EB1A assessment can help determine if you qualify for the most advantageous category.
Complete Prerequisites
For EB2/EB3 employer-sponsored: obtain PERM labor certification. For EB1A/EB2-NIW: prepare your evidence package. For EB1B/EB1C: employer prepares documentation of the qualifying position.
Prepare the Evidence Package
Compile all supporting documents: petition letter, evidence of qualifications, recommendation letters, employer documentation (ability to pay the offered wage), and any category-specific evidence.
Complete Form I-140
Fill out the form accurately. The form can be filed online through USCIS myAccount or by mail. Ensure all information matches your supporting documentation exactly.
Pay Filing Fees
Include the required filing fee ($700) and premium processing fee ($2,805) if applicable. Fees must be paid using the correct method for the filing type.
Submit and Track
Submit the petition with all evidence. After filing, you'll receive a receipt notice (Form I-797C) with a case number to track your case online at uscis.gov.
Required Documents and Evidence
The specific documents depend on your category. Here are the core documents needed for EB1A (the most common self-petition category):
For employer-sponsored categories (EB1B, EB1C, EB2, EB3), additional documents include: the certified PERM labor certification (if applicable), evidence of the employer's ability to pay the offered wage (tax returns, annual reports, or audited financials), and a detailed job offer letter.
I-140 Filing Fees
| Fee Type | Amount | Notes |
|---|---|---|
| I-140 Base Filing Fee | $700 | Required for all I-140 petitions |
| Premium Processing (I-907) | $2,805 | Optional — guarantees 15-business-day response |
| Asylum Program Fee | $600 | Required for employers with 26+ employees filing employer-sponsored petitions |
| Total (Self-Petition + Premium) | $3,505 | EB1A self-petitioner with premium processing |
Fees are subject to change. Always verify current fees on the USCIS website before filing. Fees can be paid by check, money order, or online (for electronic filings).
Want a full cost breakdown including attorney fees and other expenses? Use our free EB1A cost calculator.
Where to File Form I-140
I-140 can be filed in two ways:
Online Filing (Recommended)
File through your USCIS online account at uscis.gov. Online filing allows for easier tracking, faster receipt notices, and the ability to respond to RFEs electronically. Available for most I-140 categories.
Paper Filing (By Mail)
Mail the completed form, evidence, and fees to the USCIS lockbox facility. The specific address depends on the classification requested and whether premium processing is included. Check the USCIS filing tips page for current mailing addresses.
Tip: If filing online, you can still upload large evidence packages as PDF attachments. Many EB1A self-petitioners find online filing more convenient for managing their extensive documentation.
I-140 Processing Times
Processing times vary by service center, category, and whether premium processing is requested.
| Processing Type | Timeline | Notes |
|---|---|---|
| Premium Processing | 15 business days | Guaranteed response (approval, denial, RFE, or NOID) |
| Regular — Texas Service Center | 6-10 months | Handles EB1 and some EB2/EB3 petitions |
| Regular — Nebraska Service Center | 6-12 months | Handles EB1 and some EB2/EB3 petitions |
| Regular — National Benefits Center | 8-14 months | Handles some EB2/EB3 petitions |
Processing times shown are approximate as of early 2026. Check the USCIS processing times page for the most current estimates. You can also use our processing time estimator for a personalized estimate.
What Happens After I-140 Approval?
An approved I-140 is a significant milestone, but it's not the final step. Here's what comes next:
Check Your Priority Date
Your priority date is established when the I-140 is filed (or when the underlying PERM was filed, for employer-sponsored cases). Check the monthly Visa Bulletin to see if your priority date is "current."
File I-485 (Adjustment of Status)
If you're in the U.S. and your priority date is current, you can file Form I-485 to adjust your status to permanent resident. In some cases, you can file I-485 concurrently with I-140 if dates are current.
Consular Processing (If Abroad)
If you're outside the U.S., you'll go through consular processing at a U.S. embassy or consulate to obtain your immigrant visa.
I-140 Portability (AC21)
If your I-485 has been pending for 180+ days, you may change employers under AC21 portability provisions without affecting your green card application, as long as the new job is in the same or similar occupation.
Common RFE (Request for Evidence) Scenarios
A Request for Evidence (RFE) is not a denial — it means USCIS needs additional information. Common RFE topics for I-140 petitions include:
Insufficient Evidence for Criteria (EB1A)
USCIS may find that the evidence submitted doesn't sufficiently demonstrate that you meet 3 of the 10 criteria. The RFE will specify which criteria need more support. Respond with stronger documentation and a detailed argument.
Ability to Pay
For employer-sponsored petitions, USCIS may question whether the employer can afford to pay the offered wage. Respond with recent tax returns, annual reports, or bank statements showing the employer's financial capacity.
Totality of Evidence (EB1A)
Even if USCIS agrees you meet 3+ criteria, they may issue an RFE on the "totality of evidence" — requesting more proof that your overall body of work demonstrates sustained national or international acclaim.
Qualifying Employment (EB1B/EB1C)
USCIS may request additional documentation of the qualifying relationship between the U.S. and foreign employer, or the beneficiary's managerial/executive duties.
Pro Tip: Responding to an RFE
You typically have 84 days to respond to an RFE. Use this time wisely: gather stronger evidence, obtain additional recommendation letters if needed, and craft a detailed response that directly addresses each point raised by USCIS. A thorough RFE response can turn a potential denial into an approval.
I-140 and Priority Dates Explained
Your "priority date" determines your place in line for an immigrant visa (green card). Understanding how priority dates work is essential for planning your immigration timeline.
Frequently Asked Questions About Form I-140
What is Form I-140?
Form I-140, Immigrant Petition for Alien Workers, is the petition filed with USCIS to classify a foreign worker under an employment-based immigrant visa category (EB1, EB2, or EB3). An approved I-140 is the first step toward getting an employment-based green card. For EB1A, you can file it yourself; for most other categories, your employer files it on your behalf.
How long does I-140 processing take?
With premium processing ($2,805), USCIS guarantees a response within 15 business days. Without premium processing, regular processing currently takes 6-14 months depending on the service center and category. Processing times change frequently — check the USCIS website for the most current estimates.
Can I file I-140 without an employer?
Yes, but only for certain categories. EB1A (Extraordinary Ability) and EB2-NIW (National Interest Waiver) allow self-petitioning — you file the I-140 on your own behalf without an employer sponsor. All other EB categories require an employer to file the petition.
What happens if my I-140 is denied?
If your I-140 is denied, you can: (1) file a motion to reopen or reconsider with USCIS, (2) appeal to the Administrative Appeals Office (AAO), or (3) file a new I-140 petition with stronger evidence. There is no limit on how many times you can file I-140. A denial does not affect your current nonimmigrant status.
Can I change employers after I-140 approval?
It depends on your situation. If you have a pending I-485 that has been filed for 180+ days, you can change employers under AC21 portability. If you don't have a pending I-485, the employer can revoke the I-140, though you retain the priority date if the I-140 was approved for 180+ days. For EB1A self-petitions, the I-140 belongs to you (the petitioner), so there is no employer revocation risk.
Can I file I-140 and I-485 at the same time?
Yes, if your priority date is current (or will be current within a few months per the Visa Bulletin), you can file I-140 and I-485 concurrently. This is called "concurrent filing" and is available for EB1 categories which typically have current dates. This can significantly speed up the overall green card process.
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