Frequently Asked Questions About I-140 Petitions

Introduction

Form I-140, Immigrant Petition for Alien Workers, is used for many employment-based immigration cases. The petition can establish eligibility for an employment-based immigrant classification, but the requirements vary depending on the category. Understanding the basic purpose of an I-140 can help employers and prospective immigrants better understand the overall process.

What Is an I-140 Petition?

An I-140 is a petition filed with U.S. Citizenship and Immigration Services (USCIS) for certain employment-based immigrant classifications. Depending on the category, the petition may be filed by a U.S. employer or, in some circumstances, by the foreign national. Categories include certain professionals, skilled workers, multinational executives or managers, individuals with extraordinary ability, and certain applicants seeking a National Interest Waiver.

The evidence required depends on the particular category. Some employment-based cases involve a permanent job offer and other employer-related requirements, while certain categories allow an individual to petition without a traditional employer-sponsored process. Because eligibility standards differ, selecting the appropriate category is an important part of preparing an I-140.

Does an Approved I-140 Mean I Have a Green Card?

No. An approved I-140 generally establishes eligibility for the employment-based immigrant classification, but it does not by itself grant lawful permanent resident status. Depending on the circumstances and visa availability, an eligible applicant may later pursue adjustment of status in the United States or immigrant visa processing through a U.S. consulate.

Visa availability can affect when an applicant may move forward with the next stage. Employment-based immigrant visas are subject to numerical limits, and availability can vary by preference category and country of chargeability.

Can I-140 Processing Be Expedited?

Some I-140 petitions may qualify for premium processing, which provides expedited USCIS action for an additional fee. Availability and applicable processing periods depend on the petition category and current USCIS rules. Premium processing does not guarantee approval; it generally provides faster agency action on the petition.

Conclusion

I-140 petitions can be an important part of an employment-based immigration strategy, but the correct filing approach depends on the applicable category and individual circumstances. This article is for general informational purposes only and does not constitute legal advice. Because immigration requirements can be complex and may change, individuals and employers should consult a qualified immigration attorney for advice regarding their specific situation.