The I-140 is a petition an employer files to sponsor a foreign worker for permanent residency

The I-140 Immigrant Petition for Alien Worker is a form the U.S. Citizenship and Immigration Services (USCIS) uses to process employment-based green cards. An employer files it on behalf of a worker they want to hire permanently. The I-140 is not the process itself — it is the petition that comes before the worker can move forward to the next stage, which is adjustment of status or consular processing.

The I-140 exists because U.S. law requires employers to show that they cannot find enough may have access to American workers for the position. The form documents the job offer, the worker's qualifications, and the employer's effort to recruit locally. USCIS uses this information to decide whether the sponsorship can proceed.

Filing an I-140 does not mean the worker gets a green card when ready. It means the employer has formally asked USCIS to recognize that the job and the worker meet the legal requirements for employment-based sponsorship. After USCIS approves the I-140, the worker then moves to the next step — either adjustment of status (if they are already in the United States) or consular processing (if they are abroad).

Key Takeaways

  • An I-140 is filed by the employer, not the worker, and it must be approved before the worker can pursue a green card through employment sponsorship.
  • The form requires proof that the employer tried to recruit U.S. workers and that the foreign worker meets the job requirements.
  • There are four employment-based preference categories (EB-1 through EB-4), and the category determines how much recruitment evidence the employer must submit.
  • USCIS typically takes several months to a year to decide on an I-140, depending on the preference category and whether the process is straightforward.
  • Approval of the I-140 does not grant the worker a visa or green card — it is one step in a longer process.

The four employment-based preference categories and what each requires

The I-140 is organized into four employment-based preference categories, each with different requirements. EB-1 is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. This category does not require an employer to prove they tried to recruit American workers. EB-1 petitions move faster because the bar is high but the paperwork is simpler.

EB-2 is for workers with advanced degrees or exceptional ability in their field. EB-2 petitions require the employer to show they posted the job and tried to recruit U.S. workers. This step is called the labor certification process, and it can take a year or more on its own.

EB-3 is for skilled workers, professionals, and unskilled workers. EB-3 also requires labor certification and the same recruitment evidence as EB-2. The main difference is that EB-3 covers a broader range of jobs and skill levels.

EB-4 is for special immigrants — religious workers, certain government employees, and other narrow categories. EB-4 petitions do not require labor certification, so they can move faster than EB-2 or EB-3.

What the employer must prove in the I-140

The employer must show that the job is real, that the worker is may have access to, and (for EB-2 and EB-3) that they made a genuine effort to hire an American worker instead. For EB-2 and EB-3, the employer typically submits a labor certification from the Department of Labor. This document proves the employer posted the job, interviewed candidates, and found no may have access to American workers willing to take it at the offered wage.

The I-140 itself includes the job description, the worker's resume and credentials, evidence of the worker's education or experience, and letters from the employer explaining why the worker is needed. For EB-1 cases, the worker submits evidence of their extraordinary ability — published work, awards, media coverage, or letters from experts in their field.

The employer must also prove they can afford to pay the worker. This is called the ability to pay requirement. The employer submits tax returns, financial statements, or other documents showing they have the money to cover the offered salary.

How long the I-140 process takes

Processing time depends on the preference category and the complexity of the case. EB-1 cases often move faster — sometimes within six months to a year — because they do not require labor certification. EB-2 and EB-3 cases typically take longer because the labor certification step must be completed first, and that alone can take one to two years.

Once the I-140 is filed, USCIS may request additional evidence, called a Request for Evidence (RFE). If the employer receives an RFE, they have 12 calendar days to respond, though they can ask for more time. An RFE usually adds several months to the timeline.

After USCIS approves the I-140, the worker does not when ready get a green card. They move to the next stage — adjustment of status or consular processing — which involves additional forms, medical exams, and background checks. The total time from I-140 filing to green card approval often spans two to four years, depending on the category and visa availability.

Priority dates and visa availability

Employment-based green cards are subject to annual caps and per-country limits. Because of these limits, there may be a wait between I-140 approval and the next step. This wait is tracked using a priority date, which is the date the employer filed the labor certification (for EB-2 and EB-3) or the I-140 itself (for EB-1 and EB-4).

The Department of State publishes a Visa Bulletin each month that shows which priority dates are current. If a worker's priority date is current, they can move forward to adjustment of status or consular processing. If it is not current, they must wait.

For some countries, the wait can be years. For others, there may be no wait at all. The wait depends on how many people from that country are ahead in the queue and how many visas are available that year.

The difference between I-140 approval and a green card

Many workers and employers confuse I-140 approval with getting a green card. They are not the same. An approved I-140 means USCIS has determined that the job and the worker meet the legal requirements for employment-based sponsorship. It does not mean the worker has a visa or permanent residency.

After the I-140 is approved, the worker must still complete adjustment of status (if in the United States) or consular processing (if abroad). Both processes require a medical exam, background checks, and an interview. Only after those steps are complete does the worker receive a green card.

An approved I-140 does give the worker some protection. If the worker changes jobs, they may be able to port their green card sponsorship to a new employer under certain conditions. But the I-140 approval itself is not a visa or a green card.

What happens if the I-140 is denied

If USCIS denies the I-140, the employer receives a notice explaining the reason. Common reasons for denial include insufficient evidence that the employer tried to recruit U.S. workers, evidence that the employer cannot afford the offered wage, or evidence that the worker does not meet the job requirements.

If the I-140 is denied, the employer can file an appeal or start over with a new petition. An appeal must be filed within 30 days of the denial notice. If the employer chooses to appeal, they have a chance to submit additional evidence or argue why the denial was wrong.

If the appeal is also denied or if the employer does not appeal, the sponsorship ends. The worker can pursue other options — a different employer, a different visa category, or returning to their home country.

Frequently Asked Questions

Can a worker file an I-140 on their own, or does the employer have to file it?

The employer must file the I-140. A worker cannot file it themselves. The I-140 is a petition from the employer to USCIS asking permission to sponsor the worker. If a worker wants to pursue employment-based sponsorship, they must find an employer willing to file the petition on their behalf.

What is the difference between I-140 and I-485?

The I-140 is the petition the employer files to show the job and worker meet legal requirements. The I-485 is the process the worker files to adjust status and become a permanent resident. The I-140 comes first. After it is approved and a visa is available, the worker files the I-485.

Does an approved I-140 mean the worker can stay in the United States?

An approved I-140 does not automatically extend the worker's visa status. If the worker is on an H-1B or other temporary visa, they must maintain that status until they file and are approved for adjustment of status. Some workers may be able to extend their temporary visa while waiting for a green card, but the I-140 approval alone does not change their status.

How much does it cost to file an I-140?

The USCIS filing fee for an I-140 is $715 as of 2024, though fees can change. The employer typically pays this fee. There may also be costs for labor certification, attorney fees, and other related services, depending on the situation.

Can a worker change employers after the I-140 is approved?

Yes, under certain conditions. If the I-140 is approved and the worker has been in the United States for at least 180 days, they may be able to change employers and port their green card sponsorship to the new employer. The new employer must file a new I-140, but the worker's priority date may carry over. Rules vary depending on the preference category and timing.