USCIS I-140 Form: Everything You Need to Know

What is Form I-140?

Form I-140, also known as the Immigrant Petition for Alien Workers, is a form used by the U.S. Citizenship and Immigration Services (USCIS) for U.S. employers who wish to sponsor a foreign national for a permanent employment-based visa. This form is important for an employee who wants to get a green card (permanent residency) in employment-based categories like EB-1, EB-2, and EB-3.
 

Who Files the I-140?

The Form I-140 is filed by the U.S. employer who is sponsoring the foreign national for an employment-based permanent resident visa. The employer must submit the form to USCIS to show that they intend to employ the foreign worker on a permanent basis and to confirm that the worker has the necessary qualifications for the position offered. It is not filed by the employee but by the employer on behalf of the employee.
 

Who is Eligible for an I-140 Petition?

The eligibility for filing an I-140, Immigrant Petition for Alien Worker, is based on the category under which the petition is filed. Each category has specific requirements that the employer and employee must meet. The basic requirements for the main employment-based categories include:

EB-1: Priority Workers

1. EB-1A: Extraordinary Ability: People at the top of their field, like scientists, artists, or athletes, who have gained national or international recognition. No offer of employment is required; individuals can petition for themselves.
    
2. EB-1B: Outstanding Professors and Researchers: Professors or researchers who are recognised internationally in their academic field and have at least 3 years of experience in teaching or research in that academic area, and there must be an offer of employment from a prospective U.S. employer.
    
3. EB-1C: Multinational Managers or Executives: Managers or executives who have worked for a company overseas for at least one year and are moving to work at the same company's U.S. office. 
    

EB-2: Professionals with Advanced Degrees or Persons with Exceptional Ability

1. Advanced Degrees: Jobs that need a higher education degree beyond a bachelor's, like a master's or doctorate, and candidates who have these degrees. 
    
2. Exceptional Ability: People with exceptional skills in science, art, or business, which will greatly benefit the U.S. national economy, cultural or educational interests, or welfare. 
    

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

1. Skilled Workers: Requires at least 2 years of job experience or training. The job must not be temporary or seasonal.
    
2. Professionals: Requires a U.S. bachelor's degree or foreign equivalent.
    
3. Other Workers: Requires less than 2 years of training or experience. This category covers positions that require a minimal capacity and are not temporary or seasonal.

General Requirements Across All Categories

• The employer must prove their ability to pay the offered wage from the time the petition is filed. This can be shown through annual reports, federal tax returns, or audited financial statements.
   
• Except for some EB-1 categories, a permanent job offer is required, and the employer must file a labour certification with the U.S. Department of Labour in some cases (mainly EB-2 and EB-3), demonstrating that there are no qualified U.S. workers for the position.
   

What Supporting Documents Are Required for an I-140 Petition?

General Supporting Documents

• Proof of the employer’s ability to pay, like annual reports, tax returns, or audited financial statements to show the employer can pay the offered wage.
   
• An approved permanent labour certification especially for EB-2 and EB-3 to prove that there are no qualified U.S. workers available for the position.
   
• A permanent job offer letter.
   

Specific Category Requirements:

EB-1A:

• Evidence of extraordinary ability such as major awards or other significant achievements in your field.
• Documentation showing that you are still working in this area of extraordinary ability.

EB-1B:

• Proof of international recognition for your outstanding achievements in an academic field.
• Documentation of at least 3 years of teaching or research experience in that academic area.
• A job offer for a permanent research or teaching position.

EB-1C:

• Evidence of employment for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.
• Documentation showing managerial or executive responsibilities.

EB-2:

• Copies of advanced degree certificates and transcripts.
• If claiming exceptional ability, evidence such as letters from peers, awards, or memberships in associations in the field.

EB-3:

• Proof of educational and professional qualifications, such as a U.S. bachelor's degree or foreign equivalent, or evidence of at least two years of training or experience for skilled workers.

Additional Documents:

• Form G-28, if an attorney represents the employer.

Note that every document in a foreign language must be accompanied by a USCIS-certified translation for it to be accepted for your application. 
 

How to Translate Required Documents for I-140 Form

To get an English translation of your documents for form I-140, follow these steps: 

1. Visit the Translayte website. 

2. Click on “Order Certified Translation”.

3. Select “Certified Translation”, select the target and source language, and your preferred turnover time. 

4. Upload the document you want to translate. Ensure the file has been named correctly. 

5. Select either the Standard, Specialist or Professional translation services, based on your needs and budget.

6. Specify any other specifications you prefer for your document.

7. Place your order and wait for your translation.  Your translation will be delivered to you either by email or by post on or before the stipulated time.
 

How Long Does I-140 Take?

The Form I-140 processing time depends on several factors, including the USCIS service centre handling the case, the visa category, the workload at the centre, whether premium processing is used or whether a Request for Evidence (RFE) was issued by USCIS. The USCIS estimated processing times for I-140 petitions as follows:

Standard Processing

EB-1A, EB-1B, EB-1C, and National Interest Waiver: 6 to 8 months

EB-2 and EB-3: 10 to 24 months

EB-4 and EB-5: 6 to 8 months

Premium processing: 15 calendar days. If USCIS does not meet the 15-day deadline, the premium processing fee is refunded, and the case will continue to be processed on an expedited basis.
 

How to File an I-140 Petition

1. Know Your Category and Eligibility: First, determine which employment-based preference category the foreign worker qualifies. Each category has specific requirements and eligibility criteria.
 

2. Fill the Necessary Forms: Form I-140 is the primary form used for filing the petition. Other additional forms you might need to fill out include: 

• Form ETA-9089 (Labor Certification).
• Form I-907 (Request for Premium Processing Service).
• Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative).
• Form I-485  (Application to Register Permanent Residence or Adjust Status).
   

3. Gather Your Supporting Documents: Collect all necessary supporting documents that we have listed above like your educational certificates, employment records, proof of extraordinary ability, and labour certification, among others. Make sure each one is up-to-date and properly translated by a certified translator. 
 

4. Get The Labour Certification: Get a labour certification from the Department of Labor (DOL) if you are dealing with categories like EB-2 and EB-3. 
 

5. Pay the Filing Fees: Below is the fee schedule for an I-140 petition. Make sure to include the correct form I-140 fee with the petition. Fees can be paid via check or money order made payable to the “U.S. Department of Homeland Security”.
 

6. File the Petition: Send the completed Form I-140 along with all supporting documentation and the filing fee to the correct USCIS Service Center, based on the location of the employment. You can find where to file form I-140 on the USCIS website.
 

7. Premium Processing (Optional): If you need faster processing, you can request premium processing by submitting Form I-907 and the additional premium processing fee. 
 

8. Wait for USCIS Decision: After filing, you will receive a receipt notice from USCIS. You can check the status of your case online using the receipt number. If USCIS needs additional information or documents they will send a Request for Evidence.
 

9. Receive the Decision: USCIS will send a written decision. If the petition is approved, the foreign worker can proceed with the next steps toward obtaining a green card, such as filing for an adjustment of status or processing the visa through a U.S. consulate.
 

What Happens After my I-140 is Approved?
 

If You Are Inside the United States

Adjustment of Status (AOS): Once your priority date (the date your I-140 is filed) becomes current (this means an immigrant visa is available), you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is filed with USCIS to adjust your status from a non-immigrant to a permanent resident (green card holder).

After filing, you will be required to attend a biometrics appointment and later an interview at a USCIS office. During the interview, you will be asked questions about your application and background. If your I-485 application is approved, you will receive your green card.
 

If You Are Outside the United States

Consular Processing: After I-140 approval, your case will be sent to the National Visa Center (NVC), which will process the visa application. The NVC will notify you when your priority date is getting close to current status and will eventually ask you to submit the necessary immigrant visa documents, and Form DS-260 (Online Immigrant Visa Application).

You will then be instructed to undergo a medical examination and attend an interview at a U.S. embassy or consulate in your home country. The interview will focus on your application and background checks. If you are approved during the consular interview, you will be issued an immigrant visa. You must enter the United States within the validity period of this visa.
 

For Both Paths:

If you filed an I-485 application, you might be eligible to apply for an Employment Authorization Document (EAD) and Advance Parole (AP). The EAD allows you to work in the United States, while AP allows you to travel internationally without abandoning your pending I-485.
 

Once you have your green card, you have the right to live and work permanently in the United States. You must adhere to certain requirements to maintain this status, such as not committing crimes that could make you deportable and not abandoning your residency by living outside the U.S. for extended periods.
 

What Happens if I-140 is Denied?

If your Form I-140, Immigrant Petition for Alien Worker, is denied by USCIS, here are a few things you can do:

1. Understand the Reason for the Denial: Carefully read the denial notice from USCIS to understand why the I-140 was denied. Common reasons for denial are insufficient evidence to establish eligibility, the inability of the employer to pay the proposed wage, or some errors in the filing process.
    
2. File a Motion to Reopen or Reconsider: A motion to reopen is filed if you have new evidence or information that was not previously submitted to USCIS that could potentially change the decision. A motion to reconsider is filed if you believe the decision was based on an incorrect application of law or USCIS policy. A detailed argument supported by relevant statutes, regulations, or precedents must be provided. These motions must be filed within 30 days from the date of the decision (33 days if the decision was mailed).
    
3. Appeal the Decision: You can file an appeal with the Administrative Appeals Office (AAO). The notice of denial will provide instructions on how to appeal. Like the motion to reopen or reconsider, this appeal must be filed within 30 days of the denial. An appeal involves a review of your case and the decision made by a different authority within USCIS to ensure the decision was correct according to law and policy.
    
4. Refile the Petition: If the denial was due to correctable issues, such as errors in the application or lack of sufficient documentation, your employer might choose to correct these issues and refile the petition. Refiling is usually done when significant time has passed or conditions have changed since the initial filing.
    

Can I File I-140 and I-485 Concurrently?

Yes, you can file Form I-140, Immigrant Petition for Alien Worker, and Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently in certain circumstances. This option allows you to start the process of adjusting your status to become a lawful permanent resident at the same time your employer is petitioning for your immigrant worker status. It helps to speed up the process of obtaining a green card. However, whether or not you should file concurrently depends on several factors.

Concurrent filing is only possible if an immigrant visa number is immediately available at the time of filing. This means that your priority date must be current according to the U.S. Department of State’s Visa Bulletin.

Also, concurrent filing is most commonly used in categories where there is typically no visa backlog, such as certain subcategories within EB-1 (e.g., Extraordinary Ability, Outstanding Professors and Researchers, Multinational Executives and Managers) and, depending on country of origin, some EB-2 and EB-3 categories.

The risk of filing concurrently is that if the I-140 petition is denied, the concurrently filed I-485 will also be denied unless you have another basis for adjusting your status. That’s a higher risk than waiting for the I-140 approval before filing the I-485.
 

I-140 vs I-485

Form I-140: Immigrant Petition for Alien Worker

• Purpose: It is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) on behalf of a foreign worker to become a permanent resident in the U.S. based on employment.
   
• Filed by: The employer (petitioner) for the beneficiary (the foreign worker).
   
• Objective: To prove that the employer has a valid job offer for the beneficiary and that the beneficiary possesses the necessary qualifications for the job. It also establishes the priority date, which is the date the form is officially received by USCIS.
   
• Outcome: Approval of the I-140 does not grant any residence status to the beneficiary. It simply approves the job offer and the worker's qualifications as meeting the requirements for a specific immigrant visa category (like EB-1, EB-2, or EB-3).
   

Form I-485: Application to Register Permanent Residence or Adjust Status

• Purpose: This form is used by an individual who is already in the United States to adjust their status from a non-immigrant to a lawful permanent resident (green card holder).
   
• Filed by: The individual seeking to adjust their status (the applicant) files Form I-485 themselves, not through an employer.
   
• Objective: To demonstrate the applicant's eligibility for permanent residency. This includes proving that an immigrant visa is available (if based on employment or family sponsorship), that they are admissible to the United States, and any other criteria based on the adjustment category.
   
• Outcome: Approval of Form I-485 results in the applicant becoming a lawful permanent resident. It grants them the right to live and work permanently in the U.S., and they receive a physical green card.
   

What Happens After F-140 is Approved in Concurrent Filing?

If both the I-140 and I-485 are approved concurrently, you immediately transition from your nonimmigrant status to a lawful permanent resident. If the I-140 is approved but the I-485 remains pending, you can benefit from interim measures like the Employment Authorisation Document which allows you to work legally in the U.S. during the pendency of your green card application or Advance Parole which permits you to travel internationally and re-enter the U.S. while your application is pending without abandoning your adjustment of status application.

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