Form I-140, Explained

Form I-140, officially known as the “Immigrant Petition for Alien Worker,” is a document in the United States employment-based green card process. It is submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition for a foreign national to work in the US on a permanent basis.

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What is Form I-140?

• A petition filed by US employers (the petitioner) or, in some cases, by foreign nationals themselves (self-petition)
• Requests permanent residency (green card) for a foreign worker (the beneficiary)
• Part of the employment-based immigration process for EB-1, EB-2, and EB-3 green card categories

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Why is Form I-140 important?

Form I-140 is a critical step for foreign workers seeking permanent residency in the U.S. and for U.S. employers seeking to hire and retain skilled foreign talent. Here’s why it’s so important:

• Pathway to Permanent Residency (Green Card): It’s the formal request to the U.S. government to grant a foreign worker an employment-based green card, allowing them to live and work in the U.S. permanently.
• Essential for Employment-Based Immigration: It’s a core part of the process for U.S. employers to sponsor skilled foreign workers when they can’t find qualified U.S. workers to fill specific roles. This helps address labor shortages and benefits the U.S. economy.
• Proof of Eligibility: An approved I-140 confirms that USCIS has reviewed the case and determined that the foreign worker meets the requirements for one of the employment-based green card categories.
• Enables Further Immigration Steps: Once approved, the I-140 allows the foreign worker to move forward in the green card process, such as filing Form I-485 to adjust their status to permanent resident.
• Provides Immediate Benefits: Even before the green card is issued, an approved I-140 can offer benefits like extending H-1B status and allowing for certain job changes.

Stay ahead of I-140 changes and avoid costly delays with Boundless’s up-to-date immigration solutions. We support self-sponsoring individuals and corporate immigration programs.

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Form I-140 Filing Fees for 2025

As of 2025, the cost of filing Form I-140 consists of two main components: a base filing fee and an Asylum Program Fee.

Base Filing Fee:

The base filing fee for Form I-140 is $715 for all petitioners, regardless of their status.

Asylum Program Fee:

The Asylum Program Fee is intended to help fund the costs associated with asylum processing in the U.S. Introduced by USCIS in January 2024, it’s a new one-time fee that most employers must pay in addition to the regular filing fee. Key points about this fee include:

• Standard fee: $600 for most petitioners
• Discounted fee: $300 for small employers with 25 or fewer full-time equivalent employees
• Exemption: Nonprofit organizations are exempt from paying this fee

The chart below outlines the Asylum Program Fees when filing Form I-140, depending on the business or petitioner type.

Petitioner Type	Asylum Program Fee	Total Fee
Non-profit/Small Business	$0	$715 (base fee only)
Small Business (≤25 employees)	$300	$1,015 ($715 base fee + $300 discounted Asylum Program Fee)
All Other Petitioners	$600	$1,015 ($715 base fee + $600 Asylum Program Fee)

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Tips for Paying the Filing Fee for Form I-140

• The base filing fee and the Asylum Program Fee must be paid separately.
• USCIS accepts various forms of payment, including money orders, personal checks, and cashier’s checks.
• You can also pay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions.
• If paying by check, make it payable to the U.S. Department of Homeland Security.
• For the Asylum Program Fee, checks should be made payable to the Department of Homeland Security (DHS).
• Remember that filing fees are non-refundable, regardless of the outcome of your petition.

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I-140 Processing Times and Premium Processing

The current processing time for Form I-140 averages 7.6 months for FY 2025.

Here’s an overview of the processing times across different visa categories:

Visa Type	EB Category	I-140 processing from the Nebraska Service Center (in months)	I-140 processing from the Texas Service Center (in months)	Average (Current)
E11 Visa	EB-1A (Extraordinary Ability)	12.5	14	13
E12	EB-1B (Outstanding Professor or Researcher)	11.5	10	11
E13	EB-1C (Multinational Executives and Managers)	11.5	9.5	11
E21	Advanced degree or exceptional ability (NIW)	11	9.5	10
E31	EB-3 (Skilled Worker)	8	8	8
E32	EB-3 (Professional)	7.5	7.5	8
EW3	EB-3 (Other Worker)	8.5	8	8
Schedule A Nurses	EB-3 (Schedule A)	11.5	9	10

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Premium Processing for Form I-140:

For those needing faster processing, USCIS offers a Premium Processing service for an additional fee:

• Cost: $2805
• Processing time: 15-45 calendar days
• Recently expanded to include certain E13 (multinational executives and managers) and E21 (national interest waiver) classifications

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Form I-140 Eligibility Categories

Form I-140 covers several employment-based (EB) immigrant visa categories:

1. EB-1: Priority workers, including individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers.
2. EB-2: Members of professions holding advanced degrees or who have exceptional ability.
3. EB-3: Professional, skilled worker, and other workers
4. EB-4: Special immigrants, such as religious workers, broadcasters, and employees of U.S. foreign service posts.
5. EB-5: Immigrant investors who invest a minimum of $1.8 million (or $900,000 in a targeted employment area) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

Identify the right EB category for your international hires and ensure I-140 success with Boundless. Get started.

Important Notes:

• The petition must demonstrate either the worker’s extraordinary abilities or the lack of qualified US workers for the position
• For most categories, the employer must file the petition
• In certain EB-1 and EB-2 categories, the foreign national can self-petition

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Form I-140 Supporting Documents

Both employers and employees need to prepare various documents for Form I-140:

For Employers:

• Proof of ability to pay the offered wage (such as financial statements, tax returns, or audited financial statements)
• Job offer letter
• Labor certification application form (PERM) (if required)
• Company tax returns or financial statements
• Printed copy of the Final Determination from FLAG as proof of labor certification approval.
  • This printed Final Determination is now treated as the official, original document. The Final Determination must be signed by all parties involved: the employer, foreign worker, and, if applicable, the employer’s attorney or agent.

For Employees:

• A copy of the beneficiary’s resume or curriculum vitae (CV)
• Education qualifications, such as copies of diplomas, transcripts, and degrees.
• Letters of recommendation from previous employers or colleagues
• Evidence of relevant work experience, such as letters from previous employers, tax records, or other documents
• Valid passport
• Proof of current work visa status
• I-94 Travel Record

Filing Tips to Avoid Rejection

1. Complete all required fields, especially Part 1, Questions 5 and 6
2. Include correct fees based on your petitioner type
3. Use the same payment method for all fees
4. Double-check all information before submission
5. If filing I-140 with I-485, keep supporting documents separate

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After Filing: What to Expect

1. Receipt Notice: USCIS will send Form I-797C confirming they’ve received your petition
2. Case Status Updates: Check your case status online using the receipt number
3. Possible RFE: USCIS may send a Request for Evidence if they need more information
4. Decision: USCIS will approve, deny, or send a notice of intent to deny

What Does an I-140 Approval Mean?

In essence, an I-140 approval means you are eligible to apply for an immigrant visa (green card) through employment, provided that:  

• A visa number is available: Your priority date (determined by when your PERM filing date, or the I-140 filing date if not based on PERM) must be current according to the Visa Bulletin published by the Department of State.
• You meet all other requirements for adjustment of status or consular processing: This includes being admissible to the U.S., maintaining a valid nonimmigrant status, and passing background checks.

Track I-140 progress and stay informed with Boundless’s dedicated case management. Learn more.

Key points to remember:

• I-140 approval is not a green card: It is a crucial step in the process, but you still need to complete either Adjustment of Status (I-485) in the U.S. or Consular Processing at a U.S. embassy or consulate abroad.
• I-140 approval establishes a priority date: This date is important for determining when a visa number will become available for you.  
• I-140 approval can provide certain benefits: Even while waiting for a visa number, you may be eligible to apply for work authorization (EAD) and travel permission (Advance Parole).  
• I-140 approval is not permanent: It can be revoked under certain circumstances, such as if the employer withdraws the job offer or USCIS discovers fraud or misrepresentation.

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Uncommon Circumstances in the Form I-140 Process

While most Form I-140 petitions follow a standard process, certain situations may arise that require special consideration. This section covers three important scenarios: job portability, withdrawal of Form I-140, and Successor-in-Interest (SII) employers.

Job Portability Under INA 204(j)

Job portability allows certain employees to change jobs or employers without losing their place in the green card process. Here’s what you need to know:

Eligibility for Job Portability (for employees):

• You are the beneficiary of a pending or approved Form I-140
• Your Form I-485 (Adjustment of Status) has been pending for 180 days or more
• The new job is in the same or similar occupational classification

How to Request Portability:

• Complete Form I-485 Supplement J
• File it with USCIS, specifying the new job details

Important Notes:

• Employers should be aware that employees may have this option if there are significant processing delays
• USCIS will determine if the new position qualifies as “same or similar”

Withdrawing Form I-140

Employers may choose to withdraw a Form I-140 petition, but there are important implications to consider:

• The petitioner must submit a written request to withdraw the petition
• Include the Form I-140 receipt number, petitioner and beneficiary details, and petitioner’s signature

Implications of Withdrawal:

• If withdrawn after approval and 180 days have passed, or if an associated Form I-485 has been pending for 180+ days, the approval remains valid for certain purposes
• The job offer is considered withdrawn, but the Form I-140 remains approved for INA 204(j) portability purposes
• The beneficiary retains the priority date from the withdrawn Form I-140

Successor-in-Interest (SII) Employers

When a company undergoes significant changes such as acquisition, merger, or restructuring, the new or reorganized company may be considered a successor-in-interest to the original petitioner.

Key Points for SII:

SII employers can use the original employer’s approved labor certification when filing a new Form I-140. USCIS evaluates SII cases based on three main factors:

1. The job opportunity must be the same as originally offered
2. The SII employer must establish eligibility and ability to pay the offered wage
3. The SII employer must fully describe and document how they assumed ownership of the original company

For Employees:

• If your employing company changes ownership or structure, your immigration process may still continue under certain conditions
• Stay informed about any corporate changes and discuss implications with your employer or an immigration attorney

Understanding Form I-140 is crucial for both international employees seeking permanent work in the US and US employers looking to hire foreign talent. This form is a key step in the employment-based green card process, particularly for the EB-1, EB-2, and EB-3 categories. Whether you’re an employer petitioning for an advanced degree professional or a foreign national with exceptional skills considering self-petition, careful preparation and understanding of the Form I-140 process is essential for your journey towards permanent employment in the United States.

Manage complex I-140 scenarios and protect your investment in international talent with Boundless’s expertise. Learn how Boundless can help you and your business.

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Form I-140 FAQs