Smart Moves

What Is Form I-140? Immigrant Petition for Alien Worker

By USILT Editorial Team · Published April 11, 2026 · Last verified April 2026

The Short Answer

Form I-140, Immigrant Petition for Alien Worker, is the U.S. Citizenship and Immigration Services form used to petition for a foreign national's employment-based green card. It is the middle stage of the employment-based green card process: after the Department of Labor approves a PERM labor certification (in the EB-2 and EB-3 categories that require one), and before the foreign national files Form I-485 to adjust status inside the United States (or pursues consular processing abroad). I-140 is where USCIS formally decides whether the foreign national meets the legal requirements of the chosen employment-based category.

The form is typically filed by the sponsoring U.S. employer on behalf of the foreign worker. Two categories allow self-petitioning: EB-1A (extraordinary ability) and EB-2 with a National Interest Waiver. In every other employment-based category, an employer or qualifying agent must be the petitioner.

Which Categories Use Form I-140?

Form I-140 is the petition form for every employment-based preference category except EB-4 (which uses Form I-360) and EB-5 (which uses Form I-526 or I-526E):

EB-1A — Extraordinary Ability. Self-petition allowed. No labor certification required. The petitioner must demonstrate sustained national or international acclaim and recognized achievements in sciences, arts, education, business, or athletics.
EB-1B — Outstanding Researcher or Professor. Employer-sponsored. No labor certification required. Requires at least three years of experience in research or teaching and international recognition.
EB-1C — Multinational Manager or Executive. Employer-sponsored. No labor certification required. The foreign worker must have been employed abroad for at least one of the three years preceding the petition in a managerial or executive capacity by a related entity.
EB-2 — Advanced Degree Professionals and Persons of Exceptional Ability. Usually requires a PERM labor certification from the Department of Labor. Self-petition allowed under the National Interest Waiver (NIW).
EB-3 — Skilled Workers, Professionals, and Other Workers. Requires a PERM labor certification. Employer-sponsored only.

What I-140 Actually Proves

The I-140 petition is where USCIS decides three things:

Does the foreign worker meet the qualifications for the category? This is the substantive question. For EB-1A, it means reviewing the evidence of extraordinary ability against the regulatory criteria. For EB-2 NIW, it means weighing the Dhanasar factors. For EB-1B, EB-1C, EB-2, and EB-3, it means verifying that the worker meets the category-specific requirements documented in the petition.
Does the position match the underlying labor certification (if one was required)? For EB-2 and EB-3 cases with PERM, USCIS compares the I-140 job description and the worker's credentials against what the Department of Labor approved.
Does the employer have the ability to pay the offered wage? USCIS reviews tax returns, audited financial statements, or annual reports to confirm the employer can actually pay the wage listed in the petition. This is called "ability to pay" and is a common source of denial or RFE when the employer's financials are weak.

What I-140 Does NOT Do

Approving an I-140 does not give the foreign worker a green card. It does not authorize work in the United States. It does not extend or confer any nonimmigrant status. What an I-140 approval does is establish eligibility for a green card and, just as importantly, lock in the priority date.

The priority date is the date the PERM labor certification was filed (for EB-2 and EB-3 cases that required one) or the date the I-140 was filed (for categories without PERM, like EB-1 and EB-2 NIW). This date is critical because it determines when the foreign worker can move to the next stage — filing Form I-485 or receiving an immigrant visa at a U.S. embassy — once the Department of State Visa Bulletin shows the worker's priority date as current.

Who Files the Petition?

In most employment-based categories, the sponsoring U.S. employer is the petitioner. The employer files Form I-140 with USCIS, pays the filing fee, signs the form under penalty of perjury, and remains the petitioner throughout the process. The foreign worker is the beneficiary — the person whose green card the petition is for.

Two categories allow the foreign worker to self-petition:

EB-1A Extraordinary Ability. No employer sponsorship required. The foreign worker files the petition themselves with evidence of extraordinary ability.
EB-2 National Interest Waiver. No employer sponsorship required. The foreign worker files the petition themselves arguing that waiving the job offer requirement would be in the national interest.

All other employment-based categories require an employer or qualifying U.S. petitioner.

Filing Fees

The I-140 filing fee is set by USCIS and adjusted periodically. Always check the current fee schedule at uscis.gov/fees before filing — the fees have changed several times in recent years. Additional fees may apply for premium processing (when available) and for the biometrics appointment (depending on the current fee structure).

Because the employer typically pays the I-140 filing fee in employer-sponsored cases, this is a cost the employer budgets for as part of hiring a foreign worker on a green card track. Self-petitioners in EB-1A and EB-2 NIW pay the filing fee themselves.

Premium Processing

USCIS offers premium processing for most I-140 categories. Premium processing is a separate optional service — filed on Form I-907 — that commits USCIS to making an initial adjudication decision within a specified period (historically 15 business days, though USCIS has adjusted premium processing timelines for certain categories). If premium processing is filed, USCIS will either approve, deny, issue an RFE, or open an investigation within the promised window. If USCIS misses the deadline, the premium processing fee is refunded but the petition continues processing.

Premium processing is a useful tool when the priority date is already current or close to current and speed matters. It is less valuable when the priority date is backed up by years of Visa Bulletin wait — paying for a fast I-140 approval does not help if the worker still has to wait for a visa number.

Supporting Evidence

The supporting evidence for an I-140 depends on the category:

EB-1A — evidence of at least three of the ten regulatory criteria for extraordinary ability, plus testimony and context. These petitions are typically hundreds of pages.
EB-1B — evidence of at least two of the six regulatory criteria for outstanding researchers, plus an employer offer letter and evidence of three years of research or teaching experience.
EB-1C — organizational charts showing the managerial or executive structure, evidence of the related company relationship between the foreign and U.S. entities, and documentation of the foreign worker's role abroad.
EB-2 advanced degree — evidence of the advanced degree (master's or higher, or bachelor's plus five years of progressive experience) and that the position requires it.
EB-2 NIW — evidence satisfying the Dhanasar three-part test: substantial merit and national importance of the proposed endeavor, well-positioned to advance it, and on balance beneficial to waive the job offer requirement.
EB-3 — evidence of the required skills, experience, or educational background for the specific position.

Every I-140 must also include the ability-to-pay documentation — tax returns, audited financial statements, or annual reports — proving that the employer (or self-petitioner's future employer or plan) can pay the offered wage.

Where to File

USCIS updates filing addresses periodically, and different categories may use different service centers. Always check the I-140 "Where to File" section on uscis.gov before mailing the petition. Filing at the wrong location can cause the petition to be rejected and returned unfiled — restarting the entire timeline.

Common I-140 Mistakes

Insufficient ability-to-pay evidence. The single most common RFE reason on I-140 is that USCIS is not satisfied the employer can pay the offered wage. Build this section carefully.
Mismatched job descriptions. If the I-140 job description does not align with the underlying PERM or the Department of Labor approval, USCIS will RFE or deny.
Weak EB-1A or EB-2 NIW evidence. Self-petitions require high-quality evidence and clear organization. A thin petition gets denied.
Missing credentials evaluation. For foreign degrees, USCIS typically expects a credentials evaluation establishing U.S. equivalency. Skipping this is a common error.
Filing at the wrong address. USCIS changes filing addresses periodically — always verify before mailing.

What Happens After Approval

Once I-140 is approved, the case moves to one of two paths:

Adjustment of status inside the U.S. If the foreign worker is inside the United States in valid nonimmigrant status and the priority date is current, they can file Form I-485 to adjust status to permanent resident. Some cases allow concurrent filing of I-140 and I-485 when the priority date is already current at filing.
Consular processing abroad. If the foreign worker is outside the U.S. or prefers consular processing, the case is forwarded to the National Visa Center and then to a U.S. embassy for immigrant visa processing.

The I-140 approval also unlocks several intermediate benefits for the beneficiary while the green card process continues — most notably, eligibility for H-1B extensions beyond the six-year cap under AC21 portability rules for beneficiaries with an approved I-140 whose priority date is not current.

What Happens If I-140 Is Revoked

I-140 approvals can be revoked by USCIS or withdrawn by the employer. Revocation is most common when the employer goes out of business, significantly reduces operations, or is found to have misrepresented facts. Withdrawal typically happens when the employer decides to no longer sponsor the worker. An approved I-140 that was approved for at least 180 days before revocation generally retains its priority date for future use in a different employment-based petition, under AC21 portability rules — an important protection for workers whose employers close or change.

The I-140 is the legal verdict on whether you belong in the employment-based green card line. It is not the green card itself — that comes later, at I-485 or at a consular interview.

The Bottom Line

Form I-140 is the USCIS petition that establishes a foreign worker's eligibility for an employment-based green card and locks in their priority date. It is filed by a sponsoring U.S. employer in most categories, or by the worker themselves in EB-1A and EB-2 NIW. Approval does not grant a green card — it unlocks the next stage (I-485 or consular processing) once the Visa Bulletin shows the worker's priority date as current. For your specific case, work with an experienced U.S. immigration attorney; employment-based green card petitions are high-stakes documents where every detail matters.

This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Consult a licensed U.S. immigration attorney for guidance on your individual case.