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Frequently Asked Questions on I-140 Petition
What is an I-140 petition?
Form I-140, officially known as the Immigrant Petition for Alien Worker, is a form filed by a U.S. employer on behalf of a foreign national employee to petition for their permanent residency (green card) based on employment.
U.S. employers can file I-140 petitions for foreign national employees who meet the eligibility criteria for one of the employment-based immigrant visa categories, such as EB-1, EB-2, or EB-3.
There are several employment-based immigrant visa categories:
EB-1: Priority Workers, including individuals with extraordinary ability, outstanding professors and researchers, and multinational managers or executives.
EB-2: Advanced Degree Professionals and Individuals with Exceptional Ability.
EB-3: Skilled Workers, Professionals, and Other Workers.
The purpose of filing an I-140 petition is to demonstrate to U.S. Citizenship and Immigration Services (USCIS) that the foreign national employee meets the requirements for permanent residency based on employment in the United States.
The process for filing an I-140 petition involves several steps, including obtaining a labor certification (if required), preparing and submitting the I-140 petition with supporting documentation to USCIS, and waiting for USCIS to adjudicate the petition.
In certain circumstances, foreign national individuals with extraordinary ability (EB-1A) or advanced degrees (EB-2 NIW) may be eligible to self-petition for an I-140 without the need for a U.S. employer sponsor.
The specific documentation required for an I-140 petition depends on the employment-based immigrant visa category and the individual's qualifications. Generally, documentation may include educational credentials, employment history, letters of recommendation, and evidence of achievements or contributions in the field.
Processing times for I-140 petitions can vary depending on factors such as the immigrant visa category, the USCIS service center processing the petition, and the volume of applications. Generally, it can take several months to over a year for an I-140 petition to be processed.
In some cases, foreign national individuals may be able to change jobs while their I-140 petition is pending if the new job is in a similar occupation and the new employer is willing to sponsor the individual's green card application.
Once USCIS approves the I-140 petition, if the individual is in the United States, they may be eligible to file an adjustment of status application (Form I-485) to become a lawful permanent resident. If the individual is outside the United States, they may need to complete additional steps at a U.S. embassy or consulate to obtain an immigrant visa.
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