The I-140 is an employer petition, not a visa process you file yourself

The I-140 Immigrant Petition for Alien Worker is a form your employer files with U.S. Citizenship and Immigration Services (USCIS) to sponsor you for permanent residency based on your job. You do not file it. Your employer does, usually through an immigration attorney or HR department. The I-140 comes after your employer has already filed an I-140 labor certification (Form ETA-9089 or ETA-9142) proving they cannot find a U.S. worker for the position.

The I-140 is one step in a longer process. After USCIS approves it, you still need to go through consular processing (if you are outside the U.S.) or adjustment of status (if you are already here) to actually receive your green card. The I-140 itself does not grant you a visa or work authorization—it is your employer's formal statement that they want to sponsor you.

Key Takeaways

  • Your employer files the I-140, not you; it is a petition on your behalf, not an process you submit.
  • The I-140 comes after labor certification and requires proof that your job, salary, and qualifications meet Department of Labor standards.
  • Approval of the I-140 does not give you a green card or visa—it moves you to the next stage of the sponsorship process.
  • Processing time for I-140 approval typically ranges from several months to over a year, depending on your visa category and USCIS workload.
  • You may be able to work while your I-140 is pending if your employer files for work authorization (Form I-765) at the same time.

How the I-140 fits into employment-based sponsorship

Employment-based green cards follow a sequence. First, your employer files a labor certification with the Department of Labor to show they have tried to recruit U.S. workers and cannot find may have access to candidates. This step takes months or years depending on the job category and current demand. Once labor certification is approved, your employer then files the I-140 with USCIS.

The I-140 asks USCIS to confirm that your job, your qualifications, and the salary your employer is offering all meet the legal requirements for sponsorship. USCIS reviews whether your education and experience match the job description, whether the job itself is a real position (not created just to sponsor you), and whether the salary is at or above the prevailing wage for that role in your area.

After the I-140 is approved, you move to the final stage: either consular processing (if you are outside the U.S.) or adjustment of status (if you are in the U.S. on a valid visa). Only at that stage do you receive your green card.

What information your employer must include on the I-140

Your employer provides detailed information about you, the job, and the sponsorship. They must list your education, work experience, and any licenses or certifications required for the role. They must also submit the approved labor certification, a detailed job description, and proof of the prevailing wage (the salary they are offering you must meet or exceed this amount).

The form also requires your employer to state which visa category they are sponsoring you under. Employment-based categories range from EB-1 (priority workers, including people with extraordinary ability or advanced degrees) to EB-3 (skilled workers and professionals). The category determines how quickly your case moves and whether a visa number is when ready available or whether you must wait in a queue.

Processing time and what happens while you wait

USCIS processing times for the I-140 vary widely. Standard processing typically takes several months to over a year, depending on your visa category, your country of origin, and current USCIS workload. Some employers pay for premium processing (Form I-907), which guarantees a decision within 15 calendar days, though this costs several hundred dollars and is not available for all visa categories.

While your I-140 is pending, you may be able to work. If your employer files Form I-765 (process for Employment Authorization) at the same time as the I-140, you can request work authorization based on the pending sponsorship. This is called "concurrent filing." You will need to check with your employer or immigration attorney about whether your visa category allows this.

Visa availability and the green card queue

Even after your I-140 is approved, you may not when ready receive a green card. The number of employment-based green cards issued each year is limited by law. If you are from a country with high demand for visas (such as India or China), you may wait years for a visa number to become available, even after I-140 approval.

The Department of State publishes a Visa Bulletin each month showing which visa categories have numbers available and which are backlogged. Your immigration attorney or employer can tell you where your case stands in the queue based on your priority date (the date your labor certification was filed).

When the I-140 can be denied

USCIS denies the I-140 if the job description does not match your qualifications, if the salary is below the prevailing wage, if the labor certification has errors, or if USCIS believes the job was created specifically to sponsor you rather than being a genuine business need. A denial does not automatically end your sponsorship—your employer can often correct the problem and refile.

If your employer's business circumstances change significantly (such as a major layoff or closure of the department where you work), USCIS may deny the I-140 on the grounds that the job no longer exists. This is why it is important to stay in communication with your employer throughout the process.

Your rights and responsibilities during I-140 sponsorship

Once your employer has filed the I-140, you are expected to continue working in the job that was described in the petition. If you change jobs or employers, your sponsorship may be affected. Some visa categories allow you to change employers if the new employer is willing to sponsor you and the job is similar, but this requires filing a new labor certification and I-140, which restarts the process.

You should receive copies of all documents your employer files on your behalf, including the labor certification and the I-140 itself. If you do not, ask for them. You have the right to know what your employer is claiming about your qualifications and the job.

Frequently Asked Questions

Can I file the I-140 myself, or does my employer have to do it?

Your employer must file the I-140. You cannot file it on your own. Your employer can file it directly with USCIS or through an immigration attorney. You should receive a copy of the petition and all supporting documents.

What is the difference between the I-140 and the green card process?

The I-140 is your employer's petition saying they want to sponsor you. The green card process (either consular processing or adjustment of status) is your personal process for permanent residency. The I-140 must be approved first, but approval does not give you a green card—it only moves you to the next stage.

How long does the I-140 take to be approved?

Standard processing typically takes several months to over a year. Premium processing (if available for your visa category) guarantees a decision within 15 calendar days but costs extra. The exact timeline depends on your visa category, country of origin, and USCIS workload.

Can I work while my I-140 is pending?

You may be able to work if your employer files Form I-765 (work authorization) at the same time as the I-140. This is called concurrent filing and is not available for all visa categories. Ask your employer or immigration attorney whether it applies to your situation.

What happens if my I-140 is denied?

A denial does not automatically end your sponsorship. Your employer can often correct the problem and refile. Common reasons for denial include a job description that does not match your qualifications, a salary below the prevailing wage, or errors in the labor certification. Your employer's attorney can advise on whether refiling is possible.