Everything you need to know about Form I-140, including eligibility requirements, filing process, fees, common mistakes, and how to avoid delays.
By:
Deanna deBara
Reviewer:
Henry Lindpere
12 min read • Updated on July 10, 2025
Key takeaways
Form I-140 is the foundation of your employment-based green card petition. It officially puts you in line for permanent residency based on your job or professional achievements.
There are two main ways to file: employer-sponsored or self-petitioned. EB-2 and EB-3 typically require an employer and a job offer, while EB-1A and EB-2 NIW allow you to apply independently if you meet higher standards.
Supporting documents matter. A successful I-140 petition includes evidence like degrees, expert letters, job offers, or proof of extraordinary ability, tailored to your visa category.
Mistakes or missing documents can lead to costly delays or denials. Working with an experienced immigration lawyer—especially if you’re self-petitioning—can help you build a strong, compliant case from the start.
Form I-140, also known as the Immigrant Petition for Alien Worker, is an important step in the process of applying for an employment-based immigrant visa—a green card you qualify for through your job or professional achievements.
At Manifest Law, we help individuals and employers navigate this complex form every day. Whether you're filing under the EB-1, EB-2, or EB-3 category, the stakes are high: get it right, and you secure your priority date and confirm your eligibility for a green card. Get it wrong, and you're back at square one—sometimes after months or years of waiting.
This guide breaks down what Form I-140 is, who should file it, how the process works, and what mistakes to avoid. Let’s dive in.
Form I-140 is a form that you send to U.S. Citizenship and Immigration Services (USCIS) to show that you qualify for a green card based on your professional background. This usually means proving that you have a job offer from a U.S. employer in a role that meets certain requirements.
Most people have their employer file Form I-140 for them. But some people can file it themselves if they meet special rules, like if they have extraordinary abilities or if their work is especially important to the U.S. This is called self-petitioning.
Even though it’s called a “form,” Form I-140 is really a petition. It’s a package of documents that makes a legal case for why you should be allowed to live and work in the U.S. permanently. That’s why the form’s official name is the Immigrant Petition for Alien Worker.
Form I-140 tells the government three main things:
What job you’re being offered (if you have one)
Why you’re qualified for it
That your employer can pay you (if they’re the one filing)
To make that case, you don’t just fill out a form. You submit a full packet of evidence. This can include your resume, degrees, awards, expert letters, and a formal job offer letter, among other things.
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The green card process has always been complex, but in 2025, it’s evolving in ways that demand sharper strategy and stronger evidence.
With higher filing fees, increased scrutiny of self-petitioners, and shifting Visa Bulletin trends, applicants can’t afford to treat Form I-140 as just a paperwork step. This is the legal backbone of your green card case—and how you file it this year can determine how quickly (or whether) you move forward.
“This year, we’re seeing more denials rooted in documentation quality and presentation. USCIS isn’t just looking for certifications, licenses, or degrees—they’re looking for airtight cases and good narratives. That’s why working with a lawyer in 2025 is less about assembling paperwork and more about precision and storytelling.” — Henry Lindpere, Senior Counsel - Immigration, Manifest Law
Whether you're applying under EB-1A, EB-2 NIW, or a PERM-based EB-3, it’s critical to understand the trends shaping the I-140 landscape and to structure your petition accordingly.
Form I-140 isn’t the first step toward a green card, but it’s one of the most important. It’s the stage where you officially ask the U.S. government to recognize your eligibility based on your job offer or professional accomplishments.
To help you see the full picture, here’s a quick overview of the employment-based green card process and where Form I-140 fits in:
Step
Step 1: Labor Certification (if required)
Step 2: File Form I-140
Step 3: Wait for Priority Date to Become Current
Step 4: Apply for Your Green Card
What Happens
Employer applies for PERM to prove no qualified U.S. workers are available
You or your employer files a petition with USCIS to show you qualify for a green card based on your job or achievements
USCIS gives you a “priority date” based on when they received your I-140 (or Labor Certification)
Once your priority date is current, you file Form I-485 (if in the U.S.) or go through consular processing (if abroad)
Who Handles It
Employer + immigration attorney
Employer (or you, if self-petitioning)
USCIS/DOS
You + immigration attorney
There are two main ways that the Form I-140 petition can be filed:
Filing Type
Employer-Sponsored
Self-Petition
Who Files It
Your U.S. employer files Form I-140 for you
You file it yourself, without needing a job offer
Examples
Most EB-2 and EB-3 cases, and EB-1B/EB-1C
EB-1A (extraordinary ability) and EB-2 NIW
This applies to most EB-2 and EB-3 applicants, and also EB-1B or EB-1C cases:
EB-1B: For outstanding professors and researchers with international recognition and a permanent job offer from a U.S. university or research institution
EB-1C: For multinational executives or managers transferring to a U.S. office of their current employer
EB-2: For foreign workers with advanced degrees or exceptional ability (usually requires a job offer and labor certification)
EB-3: For skilled workers, professionals with a bachelor’s degree, and unskilled workers—people doing jobs that require less than two years of training or experience.
Some categories let you file Form I-140 on your own—no employer needed. This is called self-petitioning, and it’s available for:
EB-1A: For individuals with extraordinary ability in fields like science, business, education, or the arts.
EB-2 NIW: For professionals with advanced degrees or exceptional ability whose work is in the U.S. national interest.
Self-petitioning gives you more control over your green card process, which is especially helpful if your job situation is uncertain or you’re working with multiple employers.
But self-petitioning for an EB-1A or other visa comes with higher stakes. You’re not just proving you’re qualified; you’re building a legal argument that your work meets a high bar.
👉 Because these petitions are complex and heavily evidence-based, working with an experienced EB-1 lawyer or EB-2 NIW attorney is essential. A lawyer can help you frame your achievements effectively, gather strong expert letters, and avoid common missteps that lead to denials.
Fee Type
Base Filing Fee
Asylum Program Fee
Total Cost
Regular Employer
$715
$600
$1,315
Nonprofit Organization
$715
$0
$715
Small Employer / Self-Petitioner
$715
$300
$1,015
💡Want to dive deeper? Read our full guide to EB-1 visa costs for a breakdown of all the costs associated with applying within the EB-1 visa category.
Document Type
Job offer letter
Proof of education (degrees, transcripts)
Letters showing work experience
Evidence of extraordinary or exceptional ability
Labor certification (PERM)
Proof employer can pay the offered wage
Passport biographic page
EB-1A / EB-2 NIW
❌
✅
✅
✅
❌
❌
✅
EB-1B / EB-1C
✅
✅
✅
❌
✅
✅
EB-2 / EB-3
✅
✅
✅
❌
✅
✅
✅
Most employer-sponsored green card applications require a written job offer from your U.S. employer. This should include:
Your job title and duties
Your salary
Terms of employment (e.g. permanent, full-time)
You’ll need to show that you meet the criteria for your green card category. This typically includes:
Education: Diplomas, transcripts, or degree evaluations
Work experience: Letters from past employers, pay stubs, or tax documents
Professional achievements: Memberships, certifications, or licenses (as applicable)
If you're applying under EB-1A or EB-2 NIW, you’ll need to show you’re at the top of your field or that your work benefits the U.S. This often includes:
Expert reference and/or recommendation letters
Awards or notable achievements
Published articles, media coverage, or patents
Evidence of impact (grants, citations, etc.)
If you’re applying under EB-2 or EB-3 and your green card is based on a job offer, your employer usually needs to get a labor certification first. This process, called PERM, shows that there are no qualified U.S. workers available for the position. It’s handled by the employer, not you, and must be approved by the U.S. Department of Labor (DOL) before Form I-140 can be filed.
You can skip this step if you’re applying under the EB-1 visa category or filing with a National Interest Waiver (NIW). Those categories don’t require labor certification.
💡 Other workers may be able to skip the PERM process if their job qualifies under Schedule A. Schedule A. is a Department of Labor list of occupations, like registered nurses and physical therapists, that are in high demand and already recognized as lacking enough qualified U.S. workers. If your job is on this list, your employer can bypass the usual recruitment steps and submit the labor certification directly with your I-140 petition, speeding up the process.
5. Proof of ability to pay (if employer-sponsored)
6. Identification
📘 USCIS Terms Explained: In immigration forms and USCIS instructions, the person applying for the green card is often called the beneficiary—that’s you. You may see this term come up when putting together your green card application.
Regular Form I-140 processing times (2025)
Form I-140 premium processing times (2025)
Who should use premium processing when filing Form I-140?
Step 1: Receive your priority date
Step 2: File for your green card (when your date is current)
🔄 Can you file I-140 and I-485 at the same time? If your priority date is already current, you may be able to submit Form I-140 and Form I-485 together. This is called concurrent filing, and it can save time by letting you start your green card application right away.
It's often a good option for EB-1A and EB-2 NIW applicants—but only if your case is strong and you're already in the U.S. Learn more about concurrent filing for EB1-A applicants here
Step 3: Receive your green card
⚠️ This article is for general information only and is not legal advice. If your Form I-140 is denied, consult with an immigration attorney right away to understand your options. Manifest Law is here to help. Request a consultation here.
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How can I check the status of my Form I-140?
You can check the status of your Form I-140 online by entering your receipt number on the USCIS Case Status Tool. The receipt number is found on your I-140 notice from USCIS. This will give you the latest update on your petition.
What if I lose my job after my employer files Form I-140 in a PERM EB-2 or EB-3 case?
Losing your job after your employer files Form I-140 can affect your green card application, but what happens next depends on the timing:
Before your I-140 is approved: If you lose your job and your employer withdraws the petition before it’s approved, the I-140 will not be approved, and you won’t receive a priority date.
After your I-140 is approved: If your I-140 has been approved for at least 180 days, you may still be able to keep your priority date and use it in a new green card process with another employer. This is true even if your former employer later withdraws the approved petition.
If your I-140 has been approved forless than 180 days and your job ends, you likely won’t be able to keep the I-140 approval, but in some cases, you may still be able to keep your priority date for future filings.
Does Form I-140 ever expire?
Form I-140 itself does not expire. However, changes in your employment situation or visa availability can affect your green card process:
Employer-sponsored petitions: Your employer must continue to support your petition until your Form I-485 (Adjustment of Status) has been pending for at least 180 days. After this period, under the American Competitiveness in the Twenty-First Century Act (AC21), you may change jobs or employers, provided the new position is in the same or a similar occupational classification.
Self-petitioners (EB-1A or EB-2 NIW): If you filed your I-140 independently, your petition is not tied to a specific employer. However, significant changes in your employment or field of work could raise concerns about your continued eligibility. It's advisable to consult with an immigration attorney before making major changes to your professional situation.
In all cases, maintaining clear documentation and seeking legal advice can help you confidently navigate the complexities of the green card process.
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