What Happens After Filing I-140 Petitions?

Introduction

Filing Form I-140, Immigrant Petition for Alien Workers, is an important step in many employment-based immigration cases. After filing, the petition enters USCIS processing, but the overall immigration process may involve additional steps before an applicant can obtain lawful permanent residence.

USCIS Reviews the I-140 Petition

After receiving an I-140 petition, U.S. Citizenship and Immigration Services (USCIS) reviews the filing to determine whether the petition meets the requirements for the requested employment-based category. The review may include the beneficiary’s qualifications, the offered position, and supporting documentation submitted with the petition.

USCIS may approve the petition, deny it, or issue a Request for Evidence (RFE) if additional information or documentation is needed. An RFE does not necessarily mean that the petition will be denied. It gives the petitioner an opportunity to respond within the specified timeframe.

Processing times can vary depending on the employment-based category, service center, workload, and whether premium processing is available and requested. Approval of the I-140 generally establishes the basis for the employment-based immigrant classification, but it does not by itself grant permanent residence.

What Happens After I-140 Approval?

The next stage depends on the beneficiary’s circumstances and the availability of an immigrant visa. In some cases, the beneficiary may file Form I-485, Application to Register Permanent Residence or Adjust Status, if eligible to adjust status from within the United States and an immigrant visa is available. The applicant may also seek employment authorization and travel permission when eligible.

If the beneficiary is outside the United States or is pursuing consular processing, the case may proceed through the National Visa Center (NVC) and ultimately to an immigrant visa interview at a U.S. embassy or consulate. The timing of these steps depends in part on visa availability and the applicable employment-based preference category.

An approved I-140 can also remain relevant to the beneficiary’s priority date and future immigration steps. However, each employment-based category has different requirements, and the process can become more complicated when visa numbers are limited or circumstances change.

Conclusion

Filing and obtaining approval of an I-140 petition is a significant milestone, but it is only one part of the employment-based immigration process. Because eligibility, visa availability, adjustment of status, and consular processing requirements can vary by case, individuals should consult a qualified immigration attorney for advice regarding their specific circumstances. This article provides general informational content and is not a substitute for individualized legal advice.