I-140 Immigrant Petition: Employment-Based Green Card
File Form I-140 for an employment-based green card through your employer. Covers EB-1, EB-2, and EB-3 categories, PERM labor certification, required documents, premium processing, and priority date tracking.
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Understanding the I-140
Know which employment-based category applies to you
EB-1 is for persons of extraordinary ability, outstanding professors/researchers, and multinational managers (no PERM required). EB-2 is for advanced degree professionals and persons of exceptional ability (PERM required, or NIW self-petition). EB-3 is for skilled workers, professionals, and other workers (PERM required). Your education, experience, and job offer determine the category.
Understand that your employer files the I-140, not you
The I-140 is an employer petition. Your employer (the petitioner) files on your behalf (the beneficiary). The employer must demonstrate the ability to pay the offered wage and that the position is permanent and full-time. Self-petitions are only available for EB-1A extraordinary ability and EB-2 National Interest Waiver (NIW).
Complete PERM labor certification before filing I-140 for EB-2 and EB-3
PERM (Program Electronic Review Management) is a Department of Labor process proving no qualified US workers are available for the position. PERM involves recruitment, advertising, and a 6-12 month process. The approved PERM establishes your priority date. EB-1 and EB-2 NIW do not require PERM. Your employer's immigration attorney handles the PERM filing.
Filing the Petition
Your employer completes Form I-140 with supporting evidence
Form I-140 requires employer and beneficiary information, the employment-based category, the offered position details, and the offered wage. The employer must include evidence of ability to pay the offered wage (tax returns, annual reports, or audited financial statements). The beneficiary provides education credentials, experience letters, and any required certifications.
Include education evaluation for foreign degrees
If your degree is from outside the US, include a credential evaluation from a NACES or AICE member organization. The evaluation must confirm the US equivalency of your degree (e.g., equivalent to a US master's degree for EB-2). Evaluations cost 100-400 USD and take 5-15 business days. Some evaluators provide rush service.
Include detailed experience letters from previous employers
Experience letters must be on company letterhead, signed by a supervisor or HR representative, and detail your job title, dates of employment, hours per week, and specific job duties. The duties described must match the PERM requirements. Generic letters without specific duties are insufficient. Obtain letters before filing as former employers may be difficult to reach later.
Pay the filing fee and consider premium processing
The I-140 filing fee is 700 USD. Premium processing costs an additional 2,805 USD and guarantees a response within 15 business days (approval, denial, or RFE). Premium processing is available for all I-140 categories. The employer typically pays both fees. Premium processing is strongly recommended to lock in the priority date quickly.
Priority Date and Visa Bulletin
Understand your priority date and why it matters
Your priority date is the date the PERM application was filed (for EB-2/EB-3) or the date the I-140 is filed (for EB-1 and EB-2 NIW). This date determines your place in line for a green card. The priority date is the single most important date in the employment-based green card process.
Check the monthly Visa Bulletin for your category and country
The State Department publishes the Visa Bulletin monthly at travel.state.gov. It shows the priority dates currently being processed for each EB category and country of birth. When your priority date is earlier than the date shown ("current"), you can file for adjustment of status (I-485) or consular processing. For India and China EB-2/EB-3, waits can exceed 10 years.
Preserve your priority date if you change employers
Under AC21 portability, your priority date is preserved if your I-140 has been approved for 180+ days and is not revoked due to fraud. You can change employers and have the new employer file a new I-140 using the original priority date. This is called priority date retention. Keep copies of your approved I-140 notice as proof of your priority date.
After Approval
Wait for your priority date to become current
Once the I-140 is approved, you wait for your priority date to become current in the Visa Bulletin. For citizens of most countries, EB-1 is often current or has short waits. EB-2 and EB-3 waits depend on your country of birth. When current, file I-485 (adjustment of status) if in the US, or complete consular processing at a US embassy abroad.
Maintain valid nonimmigrant status while waiting
While waiting for your priority date to become current, you must maintain valid nonimmigrant status (H1B, L1, etc.). An approved I-140 allows H1B extensions beyond the normal 6-year limit under AC21 sections 104(c) and 106(a). This is critical for Indian and Chinese nationals facing long EB waits.
File I-485 when your priority date is current
When the Visa Bulletin shows your priority date is current (or within the Dates for Filing chart), file Form I-485 (Adjustment of Status). This is the final step to getting a green card. I-485 requires a medical exam, biometrics, and extensive documentation. Filing I-485 also allows you to apply for an EAD (work permit) and advance parole (travel document). Consult an immigration attorney for the I-485 stage.
Frequently Asked Questions
How long does I-140 processing take?
Standard processing takes 6-18 months depending on the service center. Premium processing guarantees a response within 15 business days for an additional 2,805 USD. Premium processing is strongly recommended to quickly establish your priority date and unlock H1B extension benefits under AC21.
What is the difference between EB-2 and EB-3?
EB-2 requires either a master's degree (or bachelor's plus 5 years of progressive experience) or exceptional ability in the field. EB-3 requires either a bachelor's degree (professional), 2+ years of training or experience (skilled worker), or unskilled labor. EB-2 generally has shorter priority date waits than EB-3, especially for Indian and Chinese nationals. The category is determined by the job requirements, not just your qualifications.
Can I change employers after the I-140 is approved?
Yes. Under AC21 portability, if your I-140 has been approved for 180+ days and is not revoked for fraud, you can change employers and retain your priority date. The new employer files a new I-140 (or you use the old priority date with a new I-485 if already filed). This flexibility is the main benefit of having the I-140 approved early in the process.
What happens if my employer withdraws the I-140?
If your employer withdraws (revokes) the approved I-140, the impact depends on timing. If the I-140 was approved for 180+ days before revocation and was not revoked for fraud, your priority date is preserved under AC21. You can use this priority date with a new employer's I-140. If revoked within 180 days of approval, you lose the priority date. Consult an immigration attorney if this happens. This guide is informational only, not legal advice.