I-140 Form for U.S. Immigration: What It Is ,How It works And What Comes After

Key Takeaways

1. Form I-140 is an immigrant petition filed by your employer to support your U.S. green card application — but it’s not permanent residency itself.
2. Filing errors or missing documentation in your I-140 form can cause serious delays — always follow official I-140 form instructions from USCIS.
3. With premium processing, your I-140 petition could be approved in 15–45 days; regular processing can take 6–9 months.
4. An approved I-140 alone does not grant an EAD (work permit) — you must file Form I-485 to apply for work authorization.
5. Thanks to the AC21 rule, you can transfer your I-140 to a new employer after 180 days and retain your priority date.
6. Approval of the I-140 form immigration petition is a critical step, but your journey continues through adjustment of status or consular processing to secure your green card.

I-140 Form for U.S. Immigration: What It Is, How It Works, and What Comes After

What’s the I-140 Form and Why Does It Matter in Immigration?

If you’re hoping to make the United States your long‑term home, you’ve probably come across the term I-140 form immigration. It might sound like just another piece of paperwork, but it’s actually one of the biggest steps in getting a green card.

So, what is the I-140 form? In plain language, it’s an employer’s way of telling the U.S. government, “We want this person to work with us long‑term, and their role is worth a green card.”

It doesn’t give you a green card right away, but it’s the official starting point — the second big step after the PERM process.

Understanding Form I-140: Key Details and Filing Instructions

If you’re starting your I-140 journey, the best place to find the official I-140 form pdf is the USCIS website. This form is called “Immigrant Petition for Alien Worker” — don’t be thrown off by the name. It’s simply an employer submitting a request for you.

Here’s how to make sure you get it right:

1. Confirm your category (EB-1, EB-2, EB-3, etc.).
2. READ the I-140 form instructions on USCIS thoroughly before filling it out.
3. Attach supporting documents — experience letters, degrees, employer verification.
4. Double‑check every piece of information (names, roles, and employer details).

Pro Tip: Treat this like a job application — every word must match your actual role and documents.

Common Mistakes to Avoid:

1. Submitting an outdated I-140 form pdf.
2. Misspelled names, wrong job titles, or errors in employer details.
3. Missing evidence, like experience or education documents.

If this feels overwhelming, you’re not alone. Talk to an expert at Beyond Border to make sure your petition is solid from the start.

Is the I-140 the Same as Applying for a Green Card?

Short answer? No. The I-140 form immigration petition is NOT a green card itself.

Here’s how it works:

An I-140 petition confirms your role is eligible for an immigrant visa. But it doesn’t make you a green card holder right away. If you’re wondering, “is I-140 an immigrant petition?” — the answer is yes. It’s a critical step towards gaining permanent residency.

If you’re asking, “is I-140 permanent residency?” — the answer is no. It’s an important part of the process, but you’ll still need to adjust your status or go through consular processing to get the actual green card.

Will an Approved I-140 Get You an EAD?:

an approved I-140 doesn’t automatically give you an EAD (work permit).

If you’re wondering, “will I-140 approved get EAD?”  the answer is no, not directly. You can only apply for an EAD after submitting an adjustment of status (Form I-485).

In plain language: The I-140 is like gaining entry to the race for a green card. The EAD is a pass you get later, allowing you to work while your adjustment of status is being processed.

If this feels confusing, don’t worry. The team at Beyond Border can help you break down the steps and stay organized throughout the process.

How Long Will the I-140 Be Approved?

 “When will I-140 be approved?” 

1. Regular processing takes roughly 6–9 months.
2. Premium processing can give you a decision within 15–45 days (for an additional fee).

Why the range? It depends on the USCIS service centre and your category. Some petitions move quickly, while others experience delays due to workload or requests for more evidence.

Pro Tip: Sign up for case status alerts online so you can track where your petition stands. It takes a lot of the guesswork out of the process.

Can an Approved I-140 Be Transferred to a New Employer?

 Thanks to the AC21 rule, after your I-140 has been approved for 180 days or more, you can move to a new employer and keep your priority date.

People often ask:

1. “Can I move jobs?”
2. “Can I keep my priority date?”
3. “Can I use my approved I-140 with a new employer?”

The answer to all three questions is: yes — as long as you’ve crossed that 180‑day mark.

Here’s an example: Let’s say you’re working for Company A and your I-140 is approved. After 180 days, Company B offers you a better role. You can move to Company B, keep your priority date, and continue your green card journey. Company B just needs to file a new I-140 petition for the role.

If this applies to you, a quick consultation with Beyond Border can save a lot of worry down the line.

The I-140 Is Just the Beginning —  What to Do Next

First of all, congratulations! Getting your I-140 form immigration petition approved is a huge milestone. It means your role, experience, and employer have been recognized as a strong fit for permanent residency.

But it’s just the start. Here’s what comes next:

File for adjustment of status (Form I-485).

Apply for an EAD and Advance Parole if needed.

Get ready for the green card interview.

If any part of this process feels daunting, you’re not alone. The team at Beyond Border is here to guide you every step of the way — making sure you’re never left guessing.

Frequently Asked Questions

Q: Can an approved I-140 be transferred to another employer?

A: Yes — after 180 days of I-140 approval, you can carry your priority date to a new employer.

Q: Is I-140 an immigrant petition?

A: Yes! The I-140 is an immigrant petition that confirms you’re eligible for permanent residency.

Q: Will I-140 approved get EAD?

A: Not on its own. You can only apply for an EAD after submitting your adjustment of status (I-485).

Q: Is I-140 permanent residency?

A: No. The I-140 is a step towards obtaining a green card, not the green card itself.

Q: When I-140 will be approved?

A: Usually within 6–9 months for regular processing, or 15–45 days for premium processing.

Final Thought

Your I-140 form immigration petition is more than just a piece of paper — it’s proof that you’re on your way to making the United States your long‑term home. Stay patient, stay organized, and don’t be afraid to ask for help.

If you’re feeling stuck or just want some expert guidance, the team at Beyond Border is here for you every step of the way. You’ve worked hard to get this far — and we’re here to help you make it across the finish line.