Form I-140 (Immigrant Petition for Alien Workers)

What Form I-140 is

Form I-140 is the central petition in the employment-based green-card process. It is the employment-based counterpart of Form I-130 in the family-based system. The form and instructions are at uscis.gov/i-140.

An I-140 does three things:

1. Establishes the immigrant classification. USCIS approves the petition under one of the employment-based categories (EB-1, EB-2, or EB-3).
2. Locks in the priority date. The priority date determines when the beneficiary can apply for the green card. For PERM-track cases the priority date is the date DOL accepted the labor certification; for non-PERM cases it is the date USCIS received the I-140.
3. Documents the qualifying job offer (or self-petition). The I-140 specifies the petitioning employer, the offered position, the wage, the beneficiary's qualifications, and the legal basis for the category.

Employment-based categories on Form I-140

EB-1: Priority Workers

• EB-1A: Persons of extraordinary ability (self-petitioning).
• EB-1B: Outstanding researchers and professors (employer-sponsored).
• EB-1C: Multinational managers and executives (employer-sponsored).

EB-2: Advanced-Degree Professionals and Exceptional Ability

• EB-2 (regular): Advanced-degree professionals or persons of exceptional ability (employer-sponsored, requires PERM).
• EB-2 NIW: National Interest Waiver (self-petitioning, no PERM required).

EB-3: Skilled Workers, Professionals, and Other Workers

• EB-3 Skilled: Positions requiring at least 2 years of training or experience (employer-sponsored, requires PERM).
• EB-3 Professional: Positions requiring a U.S. bachelor's degree or foreign equivalent (employer-sponsored, requires PERM).
• EB-3 Other Workers: Unskilled positions requiring less than 2 years of training (employer-sponsored, requires PERM, limited to 5,000 visas per year).

Filing fee

The 2026 USCIS filing fee for Form I-140 is $715. The Asylum Program Fee, which most employer-petitioners pay, adds $600 (or $300 for petitioners who are small businesses with 25 or fewer employees). Premium processing under Form I-907 is optional at $2,805 and guarantees adjudication within 15 business days for most I-140 categories.

Total typical I-140 government fees in 2026:

• Large employer, no premium: $715 + $600 = $1,315.
• Small employer, no premium: $715 + $300 = $1,015.
• Large employer, with premium: $715 + $600 + $2,805 = $4,120.
• Self-petitioned EB-1A or EB-2 NIW, no premium: $715 (no Asylum Program Fee for self-petitioners).

Self-petition vs employer sponsorship

Most I-140 categories require a U.S. employer as the petitioner. The employer must:

• Be a bona fide U.S. business.
• Demonstrate the ability to pay the offered wage (proven through tax returns, audited financials, or pay stubs).
• Have completed PERM labor certification (for EB-2 regular and EB-3 categories) or qualify for a PERM exemption.
• Make a valid job offer to the beneficiary.

Two categories allow self-petitioning, meaning the beneficiary files their own I-140 without an employer:

• EB-1A (extraordinary ability). The beneficiary demonstrates extraordinary ability by meeting 3 of 10 regulatory criteria and the final-merits standard. See our O-1 Extraordinary Ability guide, which uses a parallel framework.
• EB-2 NIW (National Interest Waiver). The beneficiary is an advanced-degree professional or person of exceptional ability whose work has substantial merit and national importance, and waiving the labor certification is in the U.S. national interest.

Priority date and the Visa Bulletin

The I-140 priority date is the beneficiary's place in line for an immigrant visa. The date is set as follows:

• PERM-track cases (EB-2 regular, EB-3): Priority date is the date DOL accepted the labor certification (the date the ETA Form 9089 was filed).
• Non-PERM cases (EB-1A, EB-1B, EB-1C, EB-2 NIW): Priority date is the date USCIS received the I-140.

The priority date matters because most EB categories have annual visa quotas and per-country limits. Once an I-140 is approved, the beneficiary must wait for the priority date to become "current" on the Visa Bulletin before filing Form I-485 or pursuing consular processing. For Indian and Chinese-born applicants in EB-2 and EB-3, the wait can be 5 to 12 years or more.

Priority date portability under INA section 204(j)

Once an I-140 is approved and the beneficiary has filed Form I-485 (and that I-485 has been pending for at least 180 days), the beneficiary can change employers under the AC21 portability rules. The new position must be in the same or similar occupational classification as the original. The portability preserves the priority date and the underlying I-140 approval, even if the original employer revokes the I-140.

This is one of the most important practical features of the employment-based green-card system. Backlogged Indian and Chinese EB-2 and EB-3 applicants regularly change employers during the multi-year wait, taking the green-card spot with them.

Premium processing (Form I-907)

Form I-907 is the optional premium processing service that guarantees USCIS adjudication within 15 business days for most I-140 categories. The fee is $2,805. USCIS will either approve, issue an RFE, or issue a denial within the 15-day window. If USCIS issues an RFE, the response is reviewed within 15 business days of receipt.

Premium processing is widely used in employment-based cases where speed matters, particularly:

• EB-1A and EB-1B for individuals seeking quick adjudication to file Form I-485 promptly.
• EB-2 NIW for self-petitioners.
• EB-1C for multinational managers transitioning from L-1A.
• EB-3 cases where the labor certification is about to expire (which would require recruitment to be redone).

What happens after I-140 approval

An approved I-140 establishes the immigrant classification but does not by itself grant lawful permanent residence. The beneficiary still must apply for the green card. Two paths:

• Form I-485 (adjustment of status). If the beneficiary is in the United States and an immigrant visa is available (priority date current), they can file Form I-485 to become a lawful permanent resident without leaving the U.S. The I-485 typically includes Form I-765 for an EAD and Form I-131 for Advance Parole.
• Consular processing. If the beneficiary is abroad or chooses consular processing, the State Department's National Visa Center handles the case after I-140 approval and schedules an immigrant visa interview at a U.S. embassy.

Common I-140 issues

• Ability to pay. The employer must show ability to pay the offered wage from the priority date forward. Small or new businesses may need to show net income, net assets, or actual payment of the wage.
• Beneficiary qualifications. The beneficiary must meet the position requirements as stated in the labor certification (for PERM cases) or as required by the category (for non-PERM cases).
• Substitute beneficiaries banned. Since 2007, the petitioner cannot substitute a new beneficiary onto an existing labor certification. The labor certification is tied to the specific beneficiary.
• Material changes. Material changes in the job offer between PERM filing and I-140 filing can invalidate the case.
• I-140 withdrawal or revocation. If the petitioner withdraws or USCIS revokes the I-140 less than 180 days after approval, the priority date can be lost. After 180 days the priority date remains usable.

Frequently asked questions

Go deeper

For related employment immigration resources, see the Employment Visas pillar, the H-1B Cap 2026 Guide, the L-1 Intracompany Transfer Guide, the O-1 Extraordinary Ability guide, and the Labor Certification pillar for PERM-track cases. The Visa Bulletin entry explains how priority dates control the green-card timeline. Return to the Immigration Glossary hub for other terms.