What You Should Know About I-140 Petitions

Introduction

An I-140 petition is an important part of many employment-based immigration processes in the United States. It is generally used to request classification of a foreign national as an employment-based immigrant based on a qualifying job, professional achievement, or other employment-related category. Understanding what the petition does—and what it does not do—can help applicants and employers make informed decisions.

What Is an I-140 Petition?

Form I-140, Immigrant Petition for Alien Workers, is 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.

The requirements vary significantly by employment-based category. Some categories require a permanent job offer and may involve the labor certification process. Other categories, such as certain classifications for individuals with extraordinary ability or qualifying advanced degrees or exceptional ability, may have different requirements and may permit self-petitioning.

Approval of an I-140 does not, by itself, grant permanent residence or authorize someone to work in the United States. It establishes eligibility for a particular immigrant classification, while the individual generally must complete an additional step toward permanent residence.

How Does the I-140 Fit Into the Green Card Process?

For many employment-based applicants, an approved I-140 is an important step toward obtaining a green card. Depending on the applicant’s circumstances and visa availability, the next stage may involve filing an application for adjustment of status in the United States or completing immigrant visa processing through a U.S. consulate abroad.

Timing can also be important. Employment-based immigrant visas are subject to statutory limits, and visa availability can depend on the applicant’s category and country of chargeability. An I-140 approval therefore does not necessarily mean that an applicant can immediately obtain permanent residence.

Applicants should also understand that maintaining a valid nonimmigrant status, such as H-1B status, involves separate considerations from the I-140 process. The appropriate strategy may depend on employment, immigration history, family circumstances, and the particular employment-based category.

Conclusion

An I-140 petition can be a significant milestone in an employment-based immigration case, but the requirements and consequences vary by category and individual circumstances. This article provides general information and is not legal advice. Because immigration rules and case requirements can be complex, prospective applicants and employers should consult a qualified immigration attorney for advice regarding their specific situation.