The I-140 Petition: A Complete Breakdown for Foreign Workers

If you are a foreign worker hoping to live and work permanently in the United States, the I-140 petition is one of the most important steps in that process. This form, officially called the “Immigrant Petition for Alien Workers,” connects your skills and qualifications to a path toward a green card. This guide covers everything you need to know: what the I-140 is, who files it, and why it matters.

What Is the I-140 Petition?

The I-140 petition is a formal request sent to U.S. Citizenship and Immigration Services (USCIS) asking the government to recognize a foreign worker as eligible for an employment-based green card. It covers several categories, including EB-1 (extraordinary ability, outstanding researchers, multinational managers), EB-2 (advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals, and other workers). Without an approved I-140, you cannot move forward in the green card process.

The Official Purpose of Form I-140

Form I-140 establishes two things. First, it proves that the foreign worker meets the requirements for a specific employment-based visa category. Second, it shows that the U.S. employer has the financial ability to pay the promised salary. USCIS reviews the petition along with supporting documents like diplomas, recommendation letters, financial records, and in many cases an approved PERM labor certification from the Department of Labor. This labor certification confirms that no qualified U.S. workers are available for the position.

For categories like EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver), the labor certification is not required because the applicant’s value to the country is considered strong enough on its own. In short, the I-140 is more than just a form. It is a detailed legal case that supports your right to permanent residency.

Who Files?: Employers vs. Self-Petitioners

In most cases, the U.S. employer files the I-140 petition, not the foreign worker. This applies to the majority of EB-2 and EB-3 cases, as well as EB-1B and EB-1C. The employer is the “petitioner” and the foreign worker is the “beneficiary.”

However, if you qualify under EB-1A for extraordinary ability, you can file the petition yourself without a job offer or employer sponsor. The same is true for the EB-2 National Interest Waiver (NIW), where you can self-petition by showing that your work has significant value to the United States. These self-petition options give talented individuals more control over their immigration journey, since they do not have to depend on a single employer to move forward.

Why Is the I-140 the Most Important Step?

The I-140 approval is arguably the most important milestone in the employment-based green card process. First, it locks in your “priority date,” which determines your place in line for a green card. Since there are annual limits on employment-based green cards, your priority date can mean the difference between waiting months or waiting years.

Second, an approved I-140 unlocks the next steps: filing Form I-485 to adjust status, or applying for an immigrant visa at a U.S. embassy. Third, H-1B workers with an approved I-140 can extend their H-1B status beyond the usual six-year limit. According to Section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), this extension is available for those who are eligible for a green card but are waiting due to per-country limits. If the I-140 is denied, the entire process stops, which is why getting this step right is essential.

Supporting Documents Checklist: What to Prepare Before Filing

Having the right documents ready before you file can make the difference between a smooth approval and a frustrating delay. The exact documents you need depend on whether your employer is sponsoring you or you are filing on your own.

Documents for Employer-Sponsored Petitions

When your employer files the I-140 on your behalf, both the company and you need to provide specific evidence. The employer must show proof of their ability to pay your offered salary, submit the approved PERM labor certification, and provide a job offer letter. You will need copies of your educational credentials, experience letters from past employers, and if your degrees were earned outside the U.S., a foreign credential evaluation.

Documents for Self-Petitioners (EB-1A, NIW)

If you are filing the I-140 on your own under EB-1A or EB-2 NIW, the burden of proof falls entirely on you. For EB-1A, you must demonstrate extraordinary ability by providing evidence of major achievements such as internationally recognized awards, published research, a record of judging others’ work, or proof of a high salary compared to peers. According to USCIS policy guidance on EB-1A, you generally must meet at least three out of ten specific criteria.

For the NIW, you need to show that your work has substantial merit, that you are well-positioned to advance it, and that it would benefit the U.S. to waive the usual job offer and labor certification requirements. This three-prong framework was established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Strong packages typically include expert recommendation letters, citation records, media coverage, and documentation of real-world impact. There is no PERM or employer financial proof required, but the evidence standard is significantly higher.

How to Organize Your Evidence Package for Faster Processing

A well-organized petition helps USCIS review your case faster and reduces the chance of receiving a Request for Evidence (RFE), which can delay your case by weeks or months. Start with a clear cover letter that summarizes the petition type, visa category, and key qualifications. Arrange your supporting documents in the same order as the form sections, and use labeled tabs or dividers.

Include a table of contents, and make sure every foreign-language document has a certified English translation attached behind the original. Highlight key evidence like award certificates and recommendation letters so they stand out. Double-check that every required signature is in place and that you are using the most current edition of the form.

How to File the I-140 Petition

Filing the I-140 is a multi-step process that requires careful planning. Whether your employer is sponsoring you or you are self-petitioning, following each step in order will help you avoid common mistakes and delays.

Step 1: Obtain PERM Labor Certification (If Required)

Most EB-2 and EB-3 petitions require an approved PERM labor certification from the U.S. Department of Labor (DOL). This process ensures that hiring a foreign national will not take a job from a qualified U.S. worker. The employer must advertise the position according to DOL guidelines, interview any qualified U.S. applicants, and if no suitable candidates are found, submit the certification application (Form ETA-9089).

The PERM process can take several months, so it is important to start early. This typically involves placing job ads in newspapers, online job boards, and the employer’s own website, then interviewing any qualified U.S. applicants who respond. EB-1A and EB-2 NIW petitions are exempt from this requirement, so if you qualify for either category, you can skip this step and move directly to preparing your I-140.

Step 2: Prepare and Complete Form I-140

Once the labor certification is approved (or if your category does not require one), fill out Form I-140. Download it from the official USCIS I-140 page and always use the most current edition. The form asks for detailed information about the petitioner, the beneficiary, and the visa category. Select the correct classification in Part 2 (EB-1A, EB-1B, EB-1C, EB-2, or EB-3), since choosing the wrong category can result in a denial.

If you are working with an immigration attorney, they can file on your behalf using Form G-28. Review every section carefully, because even small errors like a misspelled name or wrong date of birth can cause USCIS to reject or delay your petition.

Step 3: Gather Supporting Documents and Evidence

With the form completed, assemble all supporting evidence. Make sure every document is complete and properly formatted. Ensure that foreign-language documents include certified English translations and that foreign credentials have been evaluated if needed. For employer-sponsored petitions, verify that the PERM details (job title, duties, salary) match the I-140 form exactly, since any inconsistency can trigger an RFE. For self-petitioners, confirm that your evidence clearly addresses each eligibility criterion.

Step 4: Submit Your Petition to USCIS

You can submit the I-140 by mail or, for standalone petitions, online through a USCIS account. If you are submitting together with another form (such as I-485 or I-907), you must file by mail. The mailing address depends on the visa category and the state where the beneficiary will work, so check the USCIS Direct Filing Addresses page before sending your package.

The standard filing fee is $715, plus an Asylum Program Fee. According to the USCIS Fee Schedule (Form G-1055), if you want a faster review, file Form I-907 for Premium Processing ($2,805), which guarantees an initial response within 15 business days. Pay each fee separately, as USCIS will reject your package if you combine them. Important: As of October 28, 2025, USCIS no longer accepts paper checks or money orders for filing fees. According to USCIS Policy Alert PA-2025-19, all payments must now be made electronically via ACH debit (Form G-1650) or credit/debit card (Form G-1450).

Step 5: Track Your Case Status

After USCIS receives your petition, they will send Form I-797C, a receipt notice with your case receipt number. You can check your status anytime at the USCIS Case Status Online tool or through your USCIS online account. USCIS may send a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) during the review. Responding promptly and thoroughly to any RFE is critical, as failing to meet the deadline will result in a denial.

Download the Forms Here

Below are the key forms you may need. Always make sure you are using the latest edition, as USCIS will reject outdated versions.

If you want email or text notifications when USCIS accepts your petition, attach a completed Form G-1145 to the front of your package. For those filing with an attorney, include Form G-28 to authorize your legal representative.

Filing Fees and Costs

The total cost of filing the I-140 goes beyond the government filing fee. It also includes a mandatory additional fee, an optional premium processing charge, and potential legal service costs.

Base Filing Fee and Asylum Program Fee

The I-140 requires two separate payments to USCIS: the base filing fee of $715 and the Asylum Program Fee. According to the USCIS Fee Schedule, the Asylum Program Fee amount depends on your organization type. Regular businesses with more than 25 full-time employees pay $600. Small businesses with 25 or fewer employees pay $300. Nonprofits, educational institutions, and government research organizations are exempt. These amounts are determined by Questions 5 and 6 in Part 1 of the I-140 form. Leaving them blank will cause USCIS to reject your petition.

Premium Processing Fee for Faster Results

Premium Processing costs $2,805 (increasing to $2,965 for filings postmarked on or after March 1, 2026). According to the DHS final rule published in the Federal Register on January 12, 2026, this increase reflects a 5.72% adjustment for inflation based on the Consumer Price Index. It guarantees that USCIS will take an initial action on your case within 15 business days. If USCIS misses this deadline, they will refund the fee while continuing to process your case on an expedited basis. Note that Premium Processing does not guarantee approval. It only speeds up the timeline for a decision. The premium processing fee must be paid separately from the other fees.

Additional Attorney and Legal Service Costs

Immigration attorney fees for preparing and filing an I-140 typically range from $2,000 to $5,000 or more, depending on the complexity and visa category. Self-petition cases like EB-1A and NIW tend to cost more because they require building a strong independent case with extensive evidence and detailed legal arguments. Employer-sponsored petitions with an approved labor certification are generally more straightforward but still require careful review. You may also face costs for credential evaluations, certified translations, courier services, and obtaining expert recommendation letters. While hiring an attorney is not legally required, the complexity of immigration law and the high stakes involved make professional guidance a worthwhile investment for most applicants. Before you begin, discuss fee structures and payment responsibilities clearly with your employer and attorney.

Timeline

The green card journey through the I-140 can take anywhere from under a year to over a decade, depending on your visa category and country of birth.

Phase 1: PERM and I-140 Filing (Months 1 to 12)

For employer-sponsored EB-2 and EB-3 cases, the PERM process typically takes 6 to 9 months. Once approved, the employer has 180 days to file the I-140. The I-140 itself can take 6 to 12 months under regular processing, or as little as 15 business days with Premium Processing. For self-petitioners (EB-1A, EB-2 NIW), no PERM is needed, so this phase may be completed within just a few months.

Phase 2: Waiting for Priority Date to Become Current

After your I-140 is approved, your “priority date” determines your place in line for an immigrant visa. Your priority date is typically the date your PERM application was filed, or the date your I-140 was received if you are a self-petitioner. According to the Immigration and Nationality Act (INA), the U.S. limits employment-based green cards to approximately 140,000 per year, and no single country can receive more than 7% of that total. This per-country cap creates much longer waits for applicants born in high-demand countries like India and China, where backlogs can stretch to years or even decades. Applicants from countries with lower demand may find their priority date is current almost immediately.

To check whether your priority date is current, review the Visa Bulletin, published monthly by the U.S. Department of State. If your priority date is earlier than the listed cutoff date for your category and country, you can move to the next step. During this waiting period, your approved I-140 remains valid.

Phase 3: Green Card Application and Final Steps

Once your priority date is current, you can take the final step. If you are in the U.S., file Form I-485 (Adjustment of Status) with USCIS. If you are abroad, go through consular processing at a U.S. embassy. The I-485 stage involves additional forms, a medical examination, and a biometrics appointment. Processing generally takes 8 to 14 months.

During this period, you may also apply for an Employment Authorization Document (EAD, Form I-765) and Advance Parole (Form I-131), which let you work and travel while your application is pending. Once USCIS approves your I-485, you receive your green card.

Processing Times: Regular vs. Premium Processing

Choosing between regular and premium processing is one of the most common decisions applicants face. With regular processing, USCIS reviews your petition in the order received, and wait times range from 6 to 12 months or longer depending on the service center and current caseload. You can check current estimated processing times at the USCIS Processing Times page. Premium Processing guarantees an initial response within 15 business days but costs significantly more. The table below highlights the key differences.

Common Mistakes

Even well-prepared applicants can make errors that lead to delays or denials. Many of these mistakes are avoidable with careful attention to detail.

Insufficient Evidence of Qualifications or Ability to Pay

One of the top reasons petitions run into trouble is weak or incomplete evidence. On the employer’s side, failing to demonstrate the company’s ability to pay the offered wage is common. Simply submitting one year of tax returns may not be enough if the company’s net income does not clearly meet the offered salary. On the worker’s side, problems arise when credentials do not match the job requirements on the PERM certification, or when experience letters are too vague.

For self-petitioners, a frequent mistake is submitting generic recommendation letters that use broad praise without describing specific contributions. Every piece of evidence should directly connect to a specific eligibility requirement.

How to Respond to a Request for Evidence (RFE)

An RFE does not mean your petition is about to be denied. It simply means USCIS needs more information. The notice will specify what is needed and include a deadline (typically 30 to 87 days). Address every single point raised, even minor ones, since ignoring any part is one of the fastest ways to receive a denial.

Organize your new evidence clearly, include a detailed cover letter explaining how each document satisfies the concern, and reference relevant legal standards. If you did not originally have an attorney, this is a good time to consider hiring one. Always submit your response well before the deadline.

What to Do If Your I-140 Petition Is Denied

If USCIS denies your petition, the petitioner (typically the employer) can file an appeal with the USCIS Administrative Appeals Office (AAO) or submit a motion to reopen or reconsider. An appeal asks a higher authority to review the decision for legal errors. A motion to reopen lets you present new evidence, while a motion to reconsider argues that USCIS made an incorrect decision based on the existing record.

Note that only the petitioner can file an appeal or motion, not the beneficiary (the foreign worker). These must be submitted within 30 days of the denial notice, along with the required fee. Another option is to file a brand-new I-140 with stronger evidence that addresses the weaknesses identified in the denial. In many cases, refiling with improved documentation and a more detailed legal argument can be faster and more effective than going through the appeals process. Consulting an immigration attorney is strongly recommended to evaluate your options.

FAQ

Q. Does the I-140 Petition Expire?

A. Generally, an approved I-140 does not expire. It remains valid indefinitely, even if you change employers, as long as it was not revoked due to fraud. However, if your employer withdraws the petition within 180 days of approval, the approval may be revoked. After the 180-day mark, your priority date is typically preserved even if the employer withdraws. This 180-day portability protection is codified under Section 204(j) of the Immigration and Nationality Act, as amended by AC21.

Q. Can My Employer Withdraw the I-140 After It Is Approved?

A. Yes. If the withdrawal happens before the petition has been approved for at least 180 days, the approval will be revoked and you may lose your priority date. If the I-140 has been approved for 180 days or more, the withdrawal will not erase your priority date, and you can use it for a new petition filed by a different employer or through a self-petition.

Q. How Do I Check the Status of My I-140 Petition?

A. Enter your receipt number on the USCIS Case Status Online page, or log into your USCIS online account. Your receipt number is on Form I-797C, which USCIS sends after accepting your petition. If your case has not been updated for a long time, you can submit a case inquiry through the USCIS Contact Center.

Q. What Is the Difference Between the I-140 and the I-485?

A. The I-140 proves you are eligible for an employment-based immigrant visa and secures your priority date. The I-485 is the application you file to actually adjust your status to permanent resident once your priority date is current. Think of the I-140 as the step that gets you in line, and the I-485 as the step that gets you the green card.

Conclusion

The I-140 petition is the foundation of the employment-based green card process. From choosing the right visa category and gathering strong evidence to filing on time and responding to USCIS requests, every detail matters. Whether your employer is sponsoring you or you are self-petitioning, careful preparation is the key to a successful outcome.