Form I-140
Definition
Form I-140, Immigrant Petition for Alien Workers, is a USCIS petition, usually filed by a US employer and sometimes self-petitioned, asking USCIS to classify a foreign worker for an employment-based green card in the EB-1, EB-2 or EB-3 category. Approval confirms eligibility and the priority date but does not by itself grant permanent residence.
How Form I-140 works
Form I-140 asks USCIS to classify a foreign national for an employment-based immigrant visa. In most cases a US employer files it on the worker's behalf; a few categories, such as EB-1A extraordinary ability and the EB-2 National Interest Waiver, allow the worker to self-petition. For many EB-2 and EB-3 cases an approved labour certification (PERM) must come first.
Approval confirms the classification and the priority date but does not by itself grant a green card. The worker still completes the final step, consular processing abroad or adjustment of status in the US, once a visa number is available for their category and country.
The EB categories and why they matter
Employment-based petitions fall mainly into EB-1 (extraordinary ability, outstanding researchers, certain managers), EB-2 (advanced degrees or exceptional ability) and EB-3 (skilled workers, professionals and other workers). The category and the applicant's country determine how long the wait for a visa number is.
Fees, premium-processing options and timelines change, so confirm them on USCIS.gov. Agencies coordinating employer-sponsored moves alongside work permit management or US immigrant visa cases track the I-140 and its priority date across what can be a multi-year process.
The I-140 approval notice and priority date anchor an employment green card case, and a platform like VisaCRM keeps the petition, the Visa Bulletin movement and the final-stage documents on one record per worker.
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Frequently asked questions
Who files Form I-140?
Usually the sponsoring US employer files the I-140 on behalf of the foreign worker. Some categories let the individual self-petition, most notably EB-1A for people with extraordinary ability and the EB-2 National Interest Waiver. In employer-sponsored EB-2 and EB-3 cases, a labour certification (PERM) generally has to be approved before the I-140 is filed.
Does an approved I-140 mean I have a green card?
No. An approved I-140 confirms your employment-based classification and secures your priority date, but it does not grant permanent residence. You still need a visa number to be available for your category and country, and then you complete either consular processing abroad or adjustment of status in the US to actually receive the green card.
What are the EB-1, EB-2 and EB-3 categories?
They are the main employment-based green card preferences. EB-1 covers extraordinary ability, outstanding researchers and certain multinational managers; EB-2 covers advanced degrees and exceptional ability, including the National Interest Waiver; EB-3 covers skilled workers, professionals and other workers. The category affects both the evidence required and the length of the wait for a visa.
How long does an I-140 take?
USCIS processing of the petition itself can often be shortened with premium processing for an extra fee, but the larger wait is usually for a visa number, which depends on your category and country of birth and can span years. Check current USCIS processing times, premium-processing availability and the monthly Visa Bulletin for your situation.
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