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.
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 all I-140 categories. For $2,805, USCIS guarantees a response within 15 business days. The response may be an approval, denial, RFE, or NOID — but you are guaranteed a decision or action within the timeframe.
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.
For applicants born in most countries, priority dates are current (no wait). For applicants born in India and China, there are significant backlogs — EB-2 India can have waits of 10+ years, and EB-3 India even longer.
AC21 Job Portability
Under the American Competitiveness in the Twenty-First Century Act (AC21), you can change employers after your I-140 has been approved for 180+ days and your I-485 has been pending for 180+ days. The new position must be in the same or similar occupational classification.
Frequently Asked Questions
Can my employer revoke my I-140 after approval?
Yes, but only within 180 days of approval and only if you have not yet filed I-485. After 180 days, your I-140 approval and priority date are protected even if your employer revokes the petition or goes out of business.
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. EB-2 generally has shorter wait times.
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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