You’ve been working hard in the U.S., maybe on an H1B or another visa, and now your employer wants to help you take the next step: permanent residency. For many immigrants in your position, the process begins with a petition: Form I-140.
USCIS Form I-140 is more than just paperwork. It’s what proves your job offer is real, your qualifications are valid, and that you should be considered for an employment-based green card. Without it, your green card journey cannot move forward.
Because of its importance, understanding this petition is essential. In this guide, you’ll learn what the form is, why it matters to you, whether you or your employer can file it, and the eligibility requirements that apply to your situation.
What Is Form I-140?
The I-140 form, formally called the Immigrant Petition for Alien Workers, is the petition that allows you, through your employer, to seek a green card through employment. It tells U.S. Citizenship and Immigration Services (USCIS) that you are qualified for a job, that the job is legitimate, and that your employer can pay the wage offered.
When your employer files a Form I-140 petition, they’re essentially asking USCIS to recognize you as eligible for permanent residency under one of the employment-based categories. Without this approval, you cannot move to the next stage of the green card process.
Not every case depends on an employer. Some immigrants, such as those applying under EB-1A (extraordinary ability) or EB-2 NIW (National Interest Waiver), can file the petition themselves. Still, for most people, your employer is the one who initiates the I-140, making it a vital step in your journey toward permanent residency.
Who Is Eligible for Form I-140?
Eligibility depends on both you and your employer. Your employer has to prove they can pay the offered salary from the time the petition is filed until you get your green card. This is usually shown through tax returns, payroll records, or audited financial statements.
On your side, you must show you have the education, experience, or licenses needed for the role. This is what I-140 eligibility really means: your ability to prove that you qualify under the green card category your employer is sponsoring you for.
There are three main employment-based categories:
- EB-1: extraordinary ability, outstanding professors/researchers, or multinational executives.
- EB-2: advanced degree professionals or those with exceptional ability, including self-petition NIW cases.
- EB-3: skilled workers, professionals, and other workers.
Step-by-Step Process of Filing Form I-140
Understanding the steps makes the process less overwhelming. Here’s how your Form I-140 USCIS filing usually works:
Step 1: Labor Certification (PERM)
If you fall under EB-2 or EB-3, your employer may first need a Department of Labor certification confirming that no qualified U.S. worker is available for your job.
Step 2: Preparing the petition
Your employer or you, if you qualify for self-petition, completes the I-140 form with details about your role and qualifications.
Step 3: Collecting evidence
This includes your degrees, licenses, or work experience, plus proof that your employer has the financial means to pay your salary.
Step 4: Submitting the form
The petition is sent to the correct USCIS service center. Filing to the wrong center can delay your case.
Step 5: USCIS review
If something is missing or unclear, USCIS may issue a Request for Evidence (RFE).
Step 6: Decision
You will get an approval or denial notice. Approval means you can move forward in your green card journey.
Documents Required for Form I-140
When you or your employer files your petition, USCIS will want proof to back up every claim. Having the right documents ready can prevent delays.
At a minimum, you’ll need:
- A job offer letter or signed employment contract.
- Proof of your qualifications, such as diplomas, transcripts, licenses, or professional certifications.
- Your employer’s financial records to show they can pay the offered wage.
- An approved Labor Certification (if required for EB-2 or EB-3).
Reading the Form I-140 instructions carefully is crucial. USCIS can be strict, and missing even one detail might trigger a Request for Evidence.
The I-140 form instructions will guide you, but many immigrants also work with an attorney to make sure their petition is complete. The stronger and more organized your documentation is, the smoother your path to approval becomes.
Processing Time and Costs
Once your petition is filed, the waiting begins. Processing times vary depending on your category, the service center, and how busy USCIS is. On average, standard processing can take 8-13 months, while premium processing (for an additional $2,805) can bring a decision in as little as 15-45 calendar days.
Premium processing only speeds up the petition, but not the entire green card processing. The filing fee varies based on the petitioner. The filing cost can range from $715-$1,315, depending on the petitioner’s category.
Because timelines change, always check the most current information directly on USCIS’s website or the official Form I-140 PDF. Knowing both the financial and time commitments up front can help you plan realistically and avoid unnecessary stress during this important stage of your immigration process.
Why Your Petition Matters
It’s easy to think of the petition as just paperwork, but for you, it represents much more. Approval of your Form I-140 is what allows you to move forward in the green card process. Without it, your journey toward permanent residency is stalled.
A carefully prepared petition can save you months of delay. Errors or missing evidence, on the other hand, can result in denials or starting over. That’s why it’s always better to work with experienced attorneys or trusted resources instead of going through it alone.
Remember, this is not just your employer’s responsibility; it’s your future. Before filing, take time to understand the requirements and gather the right evidence. And if you’re unsure, visit ImmigrationQuestions.com. Licensed immigration attorneys there can give you clear answers, so you know your next step before making it.
Frequently Asked Questions
1. What is Form I-140 and why is it important?
It’s the petition your employer (or sometimes you) files to prove you qualify for a green card through employment.
2. Who files the I-140 form: the employer or the employee?
Most often, your employer files. In some cases, like EB-1A or NIW, you can file for yourself.
3. Can an H1B holder apply for Form I-140?
Yes, if you qualify under EB-1, EB-2, or EB-3, your employer can file for you.
4. What are the other EADs available aside from the H-4 EAD?
Other categories include L-2 spouses, J-2 dependents, asylum applicants, and OPT for students.
