What Is the I-140 Form? Your Guide to the Immigrant Petition for Alien Worker

 Key Takeaways

• The I-140 form is used by U.S. employers to petition for a foreign worker to become a permanent resident.
• It's a required step in most employment-based green card processes.
• You can self-petition if you're applying under categories like EB-1A or EB-2 NIW.
• The I-140 can be filed with premium processing for faster adjudication.
• Approval doesn't guarantee a green card—it simply qualifies you to move forward.
• Beyond Border can guide you through each step of the I-140 and green card journey.

What Is the I-140 Form, Really?

If you're aiming for a U.S. green card through employment, you’ll likely hear a lot about the I-140 form. Officially titled the "Immigrant Petition for Alien Worker," it’s a critical document filed with USCIS to prove that a U.S. employer (or in some cases, the applicant themselves) wants to sponsor a foreign worker for permanent residence. Think of it as the petition that opens the door for you to eventually apply for a green card.

You don’t actually apply for a green card with Form I-140—that comes later. But without it, the green card journey simply can’t begin.

Who Files the I-140 Form?

In most cases, it’s your employer who takes the lead. They file the immigrant petition to prove they want to hire you permanently and that you meet the qualifications for a specific employment-based green card category.

But here’s the twist: in certain categories, you can self-petition. If you fall under the EB-1A (extraordinary ability) or EB-2 NIW (National Interest Waiver) category, you don’t need a job offer or employer sponsorship to file Form I-140.

So whether you’re a university professor with major publications or a tech founder driving innovation in clean energy, you might be eligible to take the wheel yourself.

Where Does the I-140 Fit Into the Green Card Process?

Picture your green card journey as a three-step ladder:

1. Immigrant Petition (Form I-140)
2. Wait for a visa number (via the Visa Bulletin)
3. Adjustment of Status (Form I-485) or Consular Processing

The I-140 comes in Step 1. Once it’s approved, you still need to wait for your priority date to become current (based on your country and category). Only then can you move on to filing your I-485 (if you’re inside the U.S.) or start consular processing abroad.

So yes, it’s just one piece—but it’s the foundation of the entire house.

Which Green Card Categories Use Form I-140?

The I-140 form is used in several employment-based categories:

• EB-1A: Individuals with extraordinary ability (self-petition)
• EB-1B: Outstanding researchers or professors
• EB-1C: Multinational managers or executives
• EB-2: Professionals with advanced degrees or exceptional ability
• EB-2 NIW: National interest waiver (self-petition)
• EB-3: Skilled workers, professionals, and other workers

Each category has different requirements. For instance, EB-3 typically needs labor certification (PERM), while EB-1A skips that altogether. Choosing the right category can make a huge difference—and that’s where Beyond Border can step in and strategize with you.

What Documents Are Needed for the I-140?

The supporting documents depend on the category, but typically include:

• Evidence of your qualifications (degrees, publications, awards)
• Letters of recommendation or reference
• Employment offer letter (unless self-petitioning)
• Proof of employer’s ability to pay your wage
• Labor Certification (if required, like in EB-2 or EB-3)

Self-petitioning categories like EB-1A and EB-2 NIW require a detailed personal portfolio, which showcases your impact, achievements, and why you meet the legal threshold.

Still unsure what applies to you? Beyond Border helps applicants build custom portfolios that speak directly to USCIS standards.

Can You Speed Up the I-140 with Premium Processing?

Absolutely. If waiting months for a decision sounds stressful, premium processing can get you an answer within 15 calendar days.

Not all categories are eligible, and the fee is steep (currently $2,805), but for many applicants, it’s worth the peace of mind. Whether you’re on a tight timeline or trying to secure a dependent’s visa, the time saved can be crucial.

To check the official processing timelines or download the latest form, visit USCIS.

How Long Does It Take to Process the I-140?

That depends on:

• Your visa category
• The service center handling your case
• Whether you used premium processing

Without premium processing, most I-140 petitions take between 6 to 10 months. That said, delays are possible, especially if you receive a Request for Evidence (RFE). The timeline doesn’t always stop with approval either—you still need to wait for your visa number, which can take additional months or years depending on your country of birth.

Can You Switch Employers After I-140 Approval?

This is one of the most common questions—and the answer is “sometimes.”

If you’re changing jobs after your I-140 has been approved and your I-485 has been pending for at least 180 days, you may be able to keep your petition valid through a process called portability.

But there are caveats. The new job must be in a similar occupational category, and the position should continue to meet the basis of your original petition.

This is one of those gray zones where expert help is more than helpful—it’s essential. Reach out to Beyond Border before making any employment moves post-I-140.

What Happens After I-140 Is Approved?

After approval, you wait for your priority date to become current in the visa bulletin. Once current, you move to the final step: filing Form I-485 (if you’re in the U.S.) or attending a visa interview at a U.S. consulate abroad.

Remember: I-140 approval doesn’t automatically grant work authorization or travel rights. That comes later when you file your I-485 and get an EAD (Employment Authorization Document) or advance parole.

Need help timing all these steps? Beyond Border can help you plan your strategy based on your current visa, goals, and category.

Can I Reuse an Approved I-140 Later?

Yes! An approved I-140 is valuable even if you don’t move forward immediately.

Here’s how:

• You can retain your priority date for future green card petitions.
• It can support H-1B extensions beyond the six-year cap.
• It may serve as a backup plan if you change employers or categories later.

It’s like locking your place in line, even if you decide to wait a bit before walking forward.

Common Pitfalls to Avoid When Filing the I-140

Some red flags that cause delays or denials:

• Weak documentation or missing evidence
• Filing under the wrong EB category
• Poorly written recommendation letters
• Not proving employer’s financial ability to pay
• Relying on outdated or generic templates

Form I-140 may look like just another government form, but it’s far from routine. Its success depends heavily on how well your story is told—and that’s something Beyond Border specializes in.

Final Thoughts: I-140 Is the Launchpad, Not the Landing

Getting your I-140 form approved is a major milestone, but it’s only the beginning. The real victory comes when you successfully navigate the steps that follow—timing your filings, avoiding delays, and preparing for final green card approval.

If you're unsure where to start or overwhelmed by documentation, let Beyond Border simplify the journey. We’ve helped countless professionals—from PhD holders to tech founders—chart a clear, confident path to permanent residency.