I-140 Employment-Based Petition: Complete Guide
Complete guide to the I-140 petition — EB-1, EB-2, EB-3 categories, premium processing, priority dates, and what employers need to know.
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What Is Form I-140?
Form I-140, Immigrant Petition for Alien Workers, is filed by a U.S. employer on behalf of a foreign worker to establish that the worker qualifies for an employment-based green card. In most cases, the employer must first complete a PERM labor certification before filing I-140.
The I-140 establishes your priority date — your place in line for a green card. Once approved, you can proceed to the final step (I-485 adjustment of status or consular processing) when your priority date becomes current.
Employment-Based Categories
| Category | Who Qualifies | PERM Required? | Annual Visa Limit |
|---|---|---|---|
| EB-1A | Extraordinary ability in sciences, arts, education, business, or athletics | No | ~40,040 |
| EB-1B | Outstanding professors and researchers | No | |
| EB-1C | Multinational managers and executives | No | |
| EB-2 | Advanced degree professionals or exceptional ability | Yes (waived for NIW) | ~40,040 |
| EB-3 | Skilled workers (2+ yrs experience), professionals (bachelor's degree), other workers | Yes | ~40,040 |
Premium Processing
Premium processing (Form I-907) is available for I-140 petitions. For $2,965, USCIS takes action within 15 business days, or 45 for EB-1C multinational managers and EB-2 national interest waivers, or refunds the premium fee. The action may be an approval, a denial, an RFE or a NOID, so it is not always a decision, and the clock starts again when you answer an RFE.
Standard processing takes 6–12 months depending on the service center. Premium processing is almost always worth it for I-140 petitions, as the faster approval establishes your priority date sooner and enables earlier I-485 filing.
Priority Date and Visa Bulletin
Your I-140 priority date is typically the date your PERM labor certification was filed (or the I-140 filing date if PERM was not required). This date determines when you can file I-485 or proceed with consular processing.
Whether you wait depends on the Visa Bulletin: each month it lists a cutoff date for each category and country of birth, and in recent years most employment-based categories have had a wait even for people born outside the most backlogged countries. People born in India and China have usually waited the longest.
AC21 Job Portability
Under the American Competitiveness in the Twenty-First Century Act (AC21), you can change employers once your I-485 has been pending for 180 days or more, if your I-140 is approved (or was approvable when filed). The new position must be in the same or similar occupational classification, and you tell USCIS about the new job on Form I-485 Supplement J.
Frequently Asked Questions
Can my employer revoke my I-140 after approval?
Your employer can withdraw it at any time. If the withdrawal (or the business closing) comes 180 days or more after approval, or after your I-485 has been pending 180 days, the approval is not automatically revoked: it can still support a job change under AC21 and H-1B extensions. You generally keep the priority date for a later petition either way, unless the approval is revoked for fraud, misrepresentation or a material error. An immigration attorney can tell you how this applies to you.
What is the difference between EB-2 and EB-3?
EB-2 requires an advanced degree (master's or higher) or a bachelor's with 5+ years of progressive experience, or exceptional ability. EB-3 requires a bachelor's degree (professionals) or 2+ years of skilled work experience. Which category has the shorter wait changes over time, so compare both in the current Visa Bulletin.
Can I self-file an I-140?
Only in specific categories: EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver) allow self-petitioning without an employer sponsor. All other I-140 categories require employer sponsorship.
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