Everything You Need to Know About the I-140 Form
What is Form I-140?
The I-140 is the employer’s petition to classify a foreign national as eligible for an employment-based immigrant visa (green card). In some cases, individuals can self-petition (such as EB-1A for individuals with extraordinary ability or EB-2 with a National Interest Waiver).
Why is I-140 important?
- It establishes eligibility for an employment-based green card.
- It secures a priority date, which determines when you can file for adjustment of status.
- It is a required step before the applicant can move toward permanent residency.
Who files Form I-140?
- Employers: Most employment-based green cards require employer sponsorship.
- Individuals: Certain categories (EB-1A, EB-2 NIW) allow self-petition.
What categories does I-140 cover?
- EB-1: Priority workers (extraordinary ability, outstanding professors/researchers, multinational managers).
- EB-2: Advanced degree professionals or those with exceptional ability (includes National Interest Waiver).
- EB-3: Skilled workers, professionals, and other workers.
- EB-4: Special immigrants (religious workers, broadcasters, etc.).
- EB-5: Immigrant investors (file a separate petition, not I-140).
What documents are required?
- Proof of qualifications (degrees, licenses, achievements).
- Employer documentation (financial records, job offer details).
- Labor certification (PERM), if required for the category.
Processing time
- Regular processing: 6–10 months (varies by category).
- Premium processing: 15 calendar days for eligible petitions.
