What is Form I-140?

LiveRec EditorialUpdated

Form I-140 is the immigrant petition for an employment-based green card, filed with USCIS by the employer, or by you for categories such as EB-1 extraordinary ability and EB-2 NIW. It is one step in the green card process, and an approved I-140 can matter later for things like an H-4 spouse's work authorisation.

Who files

USCIS says the petitioner can be a company or organization, or a self-petitioner. Self-petition is possible in some categories, such as extraordinary ability and the National Interest Waiver. In other categories an employer must file.

How it fits in the process

  1. For many employer-sponsored cases, the employer first obtains a labor certification from the Department of Labor. See PERM.
  2. The employer files Form I-140 with USCIS. A petition based on a labor certification must be received within the 180-day validity of that certification.
  3. USCIS decides the petition. The petition sets or confirms your priority date.
  4. When your priority date is current, you can take the next green card step.

Premium processing

USCIS lets a petitioner ask for faster processing by filing Form I-907 together with the I-140. Whether it is offered for a given category and how it is filed can change, so check the USCIS page before filing.

How it shows up for job seekers

If you are changing jobs while a green card case is underway, ask an attorney what happens to the I-140 and your priority date before you resign. Do not assume either way.

Example

Filed after PERM certification, with Form ETA-9089 attached.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.