What Is Form I-140? The Petition Behind Work-Based Green Cards

Written by the Ellis Porter content team. This article has not been reviewed by an attorney. It is general information, not legal advice.

In plain English: Form I-140 is the petition that asks the US government to agree you fit a work-based green card category, such as EB-1, EB-2 or EB-3. Usually an employer files it for you, but people applying for EB-1A extraordinary ability or an EB-2 National Interest Waiver can file it for themselves. An approved I-140 is a big milestone, but it is not a green card and it does not, by itself, give you permission to work. What it does give you is a place in line, called a priority date, and in most cases you get to keep that place even if things change later. The green card itself comes in a separate step, either inside the US or through a consulate abroad.

You just heard the word "I-140." Here is what it means.

Maybe your employer mentioned it after your PERM labor certification came through. Maybe you are building an EB-1A or National Interest Waiver case and keep seeing the form number. Either way, it helps to know exactly what this petition is, what an approval gets you, and what it does not.

Form I-140, Immigrant Petition for Alien Workers, is the petition that asks USCIS to classify a foreign national as eligible for an employment-based immigrant visa. USCIS describes it as the form used "to petition for an alien worker to become a lawful permanent resident in the United States" on its Form I-140 page. It is the middle step of most work-based green cards: it comes after any required labor certification and before the final green card application.

Which green cards use the I-140?

The I-140 covers the first three employment-based preference categories in INA 203(b), each with its own share of visas:

Category	Who it is for	Labor certification?
EB-1A	Extraordinary ability in sciences, arts, education, business or athletics	No
EB-1B	Outstanding professors and researchers	No
EB-1C	Multinational managers and executives	No
EB-2	Advanced degree professionals or exceptional ability	Yes, unless a National Interest Waiver is granted
EB-2 NIW	EB-2 applicants whose work is in the national interest	No, the job offer is waived
EB-3	Skilled workers, professionals and other workers	Yes

The statute allots each of the three categories up to 28.6 percent of the yearly employment-based visa total, which is one reason the categories can move at different speeds. Each petition selects exactly one category. USCIS will reject a Form I-140 that leaves the category blank or picks more than one, per its I-140 filing procedures.

Who files it: your employer, or you?

In most categories, a US employer files the I-140 for you. Under 8 CFR 204.5(c), any US employer intending to employ you may file for EB-1B, EB-1C, EB-2 or EB-3 classification.

Two paths let you file for yourself:

• EB-1A extraordinary ability. The regulation says "an alien, or any person on behalf of the alien" may file for this classification, so no employer or job offer is needed.
• EB-2 National Interest Waiver. USCIS’s EB-2 page says a US employer must file "except for petitions based on a national interest waiver, where you may file a Form I-140 on your own behalf."

This self-petition option is a big part of why researchers, founders and senior professionals look at the EB-1A requirements and the EB-2 NIW requirements so closely. For a step-by-step look at how an NIW moves from the I-140 to the I-485, see our page on your NIW journey, step by step.

What goes into an I-140 petition

What you submit depends on the category, but a few pieces show up again and again:

1. The completed Form I-140, signed by the petitioner, with one category selected.
2. Evidence that you qualify for that category, such as the EB-1A criteria evidence or the advanced degree and NIW evidence.
3. The approved labor certification, if your category requires one. USCIS must receive it within its 180-day validity period, or the petition is rejected.
4. For job-offer cases, proof the employer can pay the offered wage. Under 8 CFR 204.5(g)(2), the employer must show that ability from the priority date until you become a permanent resident.
5. The filing fee, paid separately from any premium processing fee. Our I-140 filing fee guide covers the cost.

USCIS’s own checklist of initial evidence lives on the Form I-140 page, and its Policy Manual sets out the detailed requirements for each category.

What an approved I-140 does

An approval means USCIS agrees you fit the category requested. That unlocks several things.

It sets, and protects, your priority date. Under 8 CFR 204.5(d), your priority date is the date the labor certification was accepted by the Department of Labor, or, for categories with no labor certification, the date USCIS properly received the complete petition. The priority date is your place in line for a green card.

You generally keep that place. Under 8 CFR 204.5(e), an approved EB-1, EB-2 or EB-3 petition gives you its priority date for any later petition in those categories. If you have several approved petitions, you get the earliest date. That is how someone with an approved EB-3 can later file EB-2 or EB-1 without losing their spot.

It survives a late withdrawal. Under 8 CFR 205.1, if your employer withdraws the petition 180 days or more after approval, or after your I-485 has been pending 180 days or more, the petition stays approved unless it is revoked on other grounds. The job offer is treated as withdrawn, so you would need a new job offer or a new petition to finish the green card, but the priority date stays yours.

It supports a later job change. Under INA 204(j), once your I-485 has been pending 180 days or more, the petition can stay valid for a new job in the same or a similar occupation. USCIS handles that request through Form I-485 Supplement J.

What an approved I-140 does not do

This is where expectations most often go wrong, so it is worth being plain about it.

• It is not a green card. You still need the final step, Form I-485 or consular processing.
• It does not, by itself, make you a permanent resident. That happens at the next stage, when USCIS approves your Form I-485, which USCIS describes as the form to "apply for lawful permanent resident status if you are in the United States," or when you enter on an immigrant visa after consular processing.
• It does not move you to the front of the line. Your green card still waits until your priority date is current for your category and country of birth in the Visa Bulletin; USCIS explains how to read it on its visa availability and priority dates page.
• It is not permanent in every case. The priority date cannot be kept if the approval is revoked for fraud, willful misrepresentation of a material fact, revocation or invalidation of the labor certification, or a USCIS finding that the approval was based on a material error. A denied petition never establishes a priority date.

After approval: the green card stage

Once your priority date is current, you finish in one of two ways:

• Adjustment of status on Form I-485, if you are in the US.
• Consular processing at a US consulate, if you are abroad.

You do not always have to wait for the I-140 decision before filing the I-485. USCIS allows concurrent filing for most employment-based applicants and their eligible family members when a visa number is immediately available. In that case, the I-140 and I-485 can be filed together or the I-485 can follow while the I-140 is pending.

How long each stage takes is a separate question. Our guides to EB-2 NIW processing time and EB-1A processing time break down the petition and green card clocks, and our I-140 processing time guide covers the petition stage across categories.

The I-140 at a glance

Question	Short answer
What is it?	The petition to classify you in an EB-1, EB-2 or EB-3 category
Who files?	Usually your US employer; you can self-file for EB-1A or an EB-2 NIW
Does approval give a green card?	No. That comes through Form I-485 or consular processing
What does approval give you?	A priority date you can generally keep for later EB-1, EB-2 or EB-3 petitions
Can it survive an employer withdrawal?	Generally yes, if withdrawn 180 days or more after approval

Getting the petition right

The I-140 is where your eligibility is actually decided, so the category you choose and the evidence behind it matter. Choosing between EB-1A, the NIW and an employer-sponsored path, and understanding how a priority date carries over if your plans change, are case-specific questions. A licensed Ellis Porter attorney can look at your record and explain which petition fits, without promising a result. To compare the self-petition paths, see the EB-1A and NIW pages, or read about the EB-1 visa categories.

This article is general information, not legal advice, and does not create an attorney-client relationship. Eligibility and timelines depend on the specific facts of your case. Consult a licensed immigration attorney.

Frequently asked questions

What is Form I-140?

Form I-140, Immigrant Petition for Alien Workers, asks USCIS to classify a foreign national as eligible for an employment-based immigrant visa in the EB-1, EB-2 or EB-3 category. In most categories a US employer files it. People seeking EB-1A extraordinary ability or an EB-2 National Interest Waiver can file it for themselves. Approval is a required step toward a work-based green card, not the green card itself.

What happens if your I-140 is approved?

An approved I-140 means USCIS agrees you qualify for the category requested. An approval is not a green card. Your next step is the green card stage: Form I-485 adjustment of status if you are in the US, or consular processing abroad, once your priority date is current in the Department of State Visa Bulletin.

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

The I-140 is the petition: it establishes that you fit an employment-based category. The I-485 is the application to adjust status to permanent resident from inside the US. You generally need an approved or approvable I-140 behind an I-485. If a visa number is immediately available, most employment-based applicants can file both together, which USCIS calls concurrent filing.

Is the I-140 for EB-2 or EB-3?

Both, and EB-1 too. The same Form I-140 is used for EB-1 (extraordinary ability, outstanding researchers, multinational managers), EB-2 (advanced degree or exceptional ability, including the National Interest Waiver) and EB-3 (skilled workers, professionals and other workers). The petitioner selects one category on the form for each petition.

Can I file an I-140 without an employer?

Yes, in two categories. Under 8 CFR 204.5(c) and (h), a person seeking EB-1A extraordinary ability can file for themselves. USCIS also allows a person requesting an EB-2 National Interest Waiver to file their own I-140. EB-1B, EB-1C, standard EB-2 and EB-3 petitions are filed by a US employer.

Do I keep my priority date if my employer withdraws an approved I-140?

Generally yes. Under 8 CFR 204.5(e) you keep the priority date of an approved EB-1, EB-2 or EB-3 petition for later petitions, unless the approval is revoked for fraud, willful misrepresentation, a labor certification problem, or material error. If the employer withdraws 180 days or more after approval, the petition generally stays approved under 8 CFR 205.1.