Form I-140, the immigrant petition for alien workers

Form I-140 is the official petition filed by a United States employer — or in certain special cases by the worker themselves — withUnited States Citizenship and Immigration Services (USCIS)to obtain permanent resident status (a green card) for a foreign worker. It is the foundational step of the United States employment-based settlement route — covering all the EB-1, EB-2 and EB-3 categories. Understanding Form I-140 correctly helps both employer and worker build a long-term settlement plan based on professional expertise.

What Form I-140 is

Form I-140 (full name: Immigrant Petition for Alien Workers) is the petition for employment-based settlement for foreign nationals. Unlike Form I-129 — the petition for a non-immigrant visa for temporary workers — Form I-140 is aimed at bringing foreign workers to the United States to settle permanently.

When USCIS approves Form I-140, three important things are established. First, USCIS recognises that the foreign worker meets the requirements of the corresponding EB category. Second, the date USCIS receives the petition (the priority date) marks the worker’s place in the queue within the employment-based green card quota. Third, the worker and family may take the next step — filingForm I-485 Adjustment of Status (AOS)where in the United States, or applying for an immigrant visa through an Embassy or Consulate where abroad.

Note that an approved Form I-140 is NOT a green card. It is only an intermediate step. The worker must still complete the final step — the immigrant visa application or adjustment of status — and the green card is issued only when the priority date comes up on the United States Department of State’s Visa Bulletin.

Download the formI-140.

The categories eligible to use Form I-140

Form I-140 applies to the 3 main categories on the United States employment-based settlement route.

The EB-1 category (First Preference) — priority workers

The highest-priority category, for 3 groups:

• EB-1A:individuals of extraordinary ability in the sciences, arts, education, business or athletics. This is the ONLY group within EB-1 permitting self-petition — with no employer needed.
• EB-1B:outstanding professors or researchers with at least 3 years’ experience recruited to a permanent teaching or research position at a United States academic institution or research organisation.
• EB-1C:multinational executives or managers transferring from a foreign branch to the parent company or a United States branch of the same group.

The EB-2 category (Second Preference) — highly qualified professionals

This category has 2 branches:

• The standard category:professionals with a master’s degree or above, or a bachelor’s degree plus 5 years of related experience, or those of exceptional ability. It requires the employer to complete PERM Labor Certification before filing the I-140.
• The EB-2 NIW category (National Interest Waiver):waiving both the PERM and the employer requirements where the worker can prove their work brings substantial national benefit. This is the ONLY category within EB-2 permitting self-petition.

The EB-3 category (Third Preference) — skilled and other workers

This category has 3 groups:

• EB-3 Skilled Workers:workers with at least 2 years’ experience or vocational training.
• EB-3 Professionals:professionals with a bachelor’s degree.
• EB-3 Other Workers:other workers requiring no experience or training (abbreviated “EW3”). This branch has the longest priority date wait.

Every EB-3 category requires the employer to complete PERM Labor Certification before filing the I-140 — with no exceptions.

The categories outside the scope of the I-140

Certain other categories have their own petition process and do NOT use Form I-140. Notably:

• EB-4:for special immigrants such as religious workers, international broadcasting employees and United States Foreign Service employees — which use Form I-360.
• Visa EB-5immigrant investors:investors placing capital in a United States business — who use Form I-526 or I-526E.

Who may file Form I-140

The right to file Form I-140 depends on the specific category:

• For most categories (EB-1B, EB-1C, standard EB-2, EB-3):only the United States employer (the petitioner) may file. The worker (the beneficiary) has NO right to file — even where willing to pay the fee.
• For EB-1A and EB-2 NIW:the worker may self-petition. In that case, the worker is both petitioner and beneficiary.

Note: only a US-based entity is eligible to petition on an I-140. A parent company abroad cannot file an I-140 directly — it must go through its United States branch or subsidiary.

The Form I-140 fee

The Form I-140 fee comprises two main items: the basic fee and the Asylum Program Fee.

The basic fee

The basic fee applies to every petitioner, whatever the kind of entity.

Asylum Program Fee

This is a new fee introduced by USCIS in January 2024 to support the budget for processing asylum applications. It applies to most petitioners, but with concessions:

• Standard businesses:the full fee.
• Small employers (25 full-time employees or fewer):the fee reduced by around 50%.
• Non-profit organisations:entirely exempt from the Asylum Program Fee.

Since 01/01/2026, USCIS has applied an annual fee adjustment mechanism indexed to inflation under Public Law 119-21. Applicants should check the latest fee schedule on theUSCIS Filing Feespage before filing, because USCIS will reject an application where the amount is missing or incorrect.

The Premium Processing fee (optional)

Where quick processing is needed, applicants may file alongside itForm I-907, the Request for Premium Processing. USCIS undertakes to process the petition within 15 to 45 working days depending on the specific category. The Premium Processing fee is paid separately from the basic fee and the Asylum Program Fee, and is not waived in any circumstances.

All the fees must be paid as separate amounts — NOT combined. When filing on paper, use Form G-1450 for a credit card or a business cheque.

The documents to prepare

A Form I-140 file divides into the employer’s documents and the worker’s documents.

The employer’s documents

• A fully completed Form I-140 signed by an authorised representative.
• Evidence of the ability to pay the offered wage — audited financial statements, corporate tax returns, bank statements.
• A job offer letter stating the job title, job description, salary and work location.
• The Final Determination from the United States Department of Labor (the FLAG system) certifying that PERM Labor Certification is complete — required for standard EB-2 and for all of EB-3.
• Documents evidencing lawful business activity — incorporation documents and the most recent tax returns.

The worker’s documents

• A detailed CV or résumé.
• Educational qualifications — diplomas, transcripts, professional certificates. Foreign qualifications must be assessed as equivalent to the United States system through a credential evaluation service.
• Reference letters from former employers evidencing work experience.
• Evidence of experience — former employment contracts, tax statements, payslips.
• A copy of a valid passport.
• A copy ofForm I-94, the arrival and departure record(where in the United States).

The additional documents by category

• EB-1A (extraordinary ability):at least 3 of USCIS’s 10 criteria — international awards, membership of professional associations requiring outstanding achievement, scholarly publications, service as a judge, significant scientific, scholarly or artistic contributions, an unusually high salary, a leading role in a distinguished organisation, and commercial success in the performing arts.
• EB-1B (outstanding professor or researcher):at least 2 of 6 criteria — international awards, membership of associations requiring outstanding achievement, professional publications discussing the applicant’s work, service as a judge, original scientific research contributions, and authorship of scholarly articles.
• EB-1C (multinational manager):evidence of having worked for at least 1 of the 3 most recent years at the parent company abroad in a managerial or executive role; and organisation charts for both the foreign company and the United States company.
• EB-2 NIW:evidence that the applicant’s work brings “substantial national benefit” — meeting the 3 Matter of Dhanasar criteria on national importance, the applicant being well positioned to advance the work, and the benefit to the United States of waiving the PERM requirement.

The PERM Labor Certification rule

PERM (Program Electronic Review Management) is a mandatory process for most standard EB-2 and EB-3 categories. It ensures the employer has genuinely searched for a United States worker before hiring a foreign national.

The PERM process comprises the following basic steps:

1. Prevailing Wage Determination:the Department of Labor determines the average wage for an equivalent position at the work location.
2. Recruitment:the employer advertises through the prescribed channels and keeps a record of the results.
3. Filing Form ETA-9089:through the FLAG system (Foreign Labor Application Gateway) — which replaced the old system in 2023.
4. Department of Labor assessment and Final Determination:certifying that no qualified United States worker is available for the position.

After receiving the Final Determination, the employer has 180 days to file Form I-140 — after that the PERM lapses and must be started again. The EB-1, EB-2 NIW and EB-4 categories do NOT require PERM.

The Form I-140 filing process

The Form I-140 filing process comprises the following basic steps:

1. Complete the prerequisites:PERM Labor Certification (for standard EB-2 and EB-3), credential evaluation for foreign qualifications, and preparing the evidence meeting the criteria of the specific category.
2. Complete Form I-140:filling in the main part and the category-specific supplement where applicable.
3. Assemble the supporting documents:following the USCIS checklist for each category. For EB-1A and EB-2 NIW in particular, the file demands evidence organised to a tight logic — usually needing a specialist immigration lawyer.
4. Pay the fee:pay the basic fee and the Asylum Program Fee as separate amounts exactly as USCIS requires.
5. File the application:send it to the corresponding service center — the Nebraska or Texas Service Center as USCIS assigns. Certain EB-1A and EB-2 NIW categories may be filed online through a USCIS account.
6. Track it and respond:on receiving the petition, USCIS sends Form I-797C Receipt Notice. Where USCIS issues an RFE (Request for Evidence), the employer or worker must respond in full within the prescribed period.
7. Receive the decision:where approved, USCIS sends Form I-797 Approval Notice and the priority date is formally established.

After the I-140 is approved

An approved I-140 opens two further routes depending on where the worker is:

Where in the United States

The worker and family may file Form I-485 to apply for a green card through adjustment of status — provided the priority date has come up on the Visa Bulletin. For certain categories and countries where visa numbers are available (current), the I-140 and I-485 may be filed at the same time (concurrent filing) to save time.

When filing the I-485, the worker may file at the same timeForm I-765to apply for a work permit (EAD) and Form I-131 for advance parole — allowing travel abroad and return while awaiting the green card.

Where abroad

The approved I-140 is forwarded by USCIS to the National Visa Center (NVC). When the priority date comes up, the NVC asks the worker to complete Form DS-260, pay the fees, and prepare the interview documents. The NVC then forwards the file to the United States Embassy or Consulate for the immigrant visa interview.

The benefits of an approved I-140

Besides opening the way to a green card, an approved I-140 brings several direct benefits even while the priority date is awaited:

• Unlimited H-1B extensions:workers holding anVisa H-1Bwith an approved I-140 who are awaiting a priority date may extend the H-1B beyond the usual 6-year limit.
• Priority date retention:even where the employer withdraws the I-140 after it has been approved for 180 days or more, the worker keeps the priority date for a new I-140 with a different employer.
• Job portability theo INA 204(j):where the I-485 has been pending for 180 days or more, the worker may move to a similar new job without losing the I-140 status.

Important points

Several particular points employers and workers often overlook:

First, the employer must maintain the ability to pay the offered wage continuously from the PERM priority date until the worker receives the green card. USCIS may ask for evidence at any time, and a breach found will lead to revocation of the I-140.

Second, EB-1A and EB-2 NIW cases have a very high RFE rate — usually above 50% in recent years. Investing time in building a tight case from the outset saves considerable time and cost compared with dealing with an RFE later.

Third, for Vietnamese workers, the priority date wait in the EB-2 and EB-3 categories may last several years. However, Vietnam does NOT usually face serious retrogression as China or India do — so the actual wait is considerably shorter. Workers need to follow the Visa Bulletin monthly to keep track.

Finally, an approved I-140 does NOT guarantee a green card. The worker must still fully meet the health, security and criminal record conditions when filing the I-485 or applying for an immigrant visa. Workers with a criminal record, a past immigration violation, or a dangerous infectious disease may be refused even where the I-140 has been approved.

Summary

Form I-140 is the legal gateway bringing talented foreign workers to the United States to settle permanently. It is a strategic tool for highly qualified professionals, researchers, multinational managers and skilled workers wanting to build a long-term life in the United States.

The I-140 process demands careful preparation from both employer and worker — from choosing the right EB category to assembling the evidence meeting the criteria. For the self-petition categories such as EB-1A and EB-2 NIW, Vietnamese workers have the chance to build their own settlement route without depending on an employer — particularly suited to individuals with outstanding professional achievements in their field. For the categories needing PERM, coordination between employer, immigration lawyer and worker throughout the process is the key factor in a successful case.