What Is Form I-140?
Form I-140, officially known as the “Immigrant Petition for Alien Worker,” is a critical step in the employment-based green card process in the United States. This petition is filed by a U.S. employer (or, in some cases, the foreign worker themselves) to sponsor a foreign national for permanent residency. The form applies to several employment-based (EB) immigrant visa categories, including EB-1, EB-2, and EB-3.
Why Is Form I-140 Important?
Form I-140 plays a central role in the employment-based green card process:
- Pathway to Permanent Residency: It serves as the formal request for a foreign worker to receive a green card, allowing them to live and work permanently in the U.S.
- Eligibility Confirmation: Approval of Form I-140 demonstrates that the worker meets the requirements of the specific EB category.
- Supports U.S. Workforce Needs: Enables employers to fill skilled positions when qualified U.S. workers are unavailable.
- Enables Further Immigration Steps: Upon approval, the worker can file Form I-485 to adjust status to permanent resident or proceed with consular processing.
- Provides Interim Benefits: Approval can allow for H-1B extensions and, in certain cases, job portability under INA 204(j).
Filing Fees for Form I-140 in 2025
Base Filing Fee
- $715 for all petitioners.
Asylum Program Fee
Introduced in January 2024, this fee supports asylum processing costs. It applies to most Form I-140 petitioners and varies based on the employer’s type:
| Petitioner Type | Asylum Program Fee | Total Fee |
|---|
| Nonprofit/Small Business | $0 | $715 (base fee only) |
| Small Business (≤25 employees) | $300 | $1,015 ($715 + $300) |
| All Other Petitioners | $600 | $1,315 ($715 + $600) |
Note: Fees are non-refundable and subject to change. Always verify current fees on the USCIS website.
Payment Tips
- Pay the base filing fee and the Asylum Program Fee separately.
- Accepted payment methods: money order, personal check, cashier’s check, or credit card (via Form G-1450).
- Make checks payable to the U.S. Department of Homeland Security (DHS).
Processing Times and Premium Processing
Average Processing Times (FY 2025)
Processing times for Form I-140 vary by visa category and USCIS service center:
| Visa Type | EB Category | Nebraska (months) | Texas (months) | Average (months) |
| E11 | EB-1A (Extraordinary Ability) | 12.5 | 14 | 13 |
| E12 | EB-1B (Outstanding Professor) | 11.5 | 10 | 11 |
| E21 | EB-2 (NIW) | 11 | 9.5 | 10 |
| E31 | EB-3 (Skilled Worker) | 8 | 8 | 8 |
| Schedule A | EB-3 (Nurses) | 11.5 | 9 | 10 |
Premium Processing
- Cost: $2,805
- Processing Time: 15–45 calendar days
- Available for many I-140 categories, including EB-1C and EB-2 (NIW).
Note: Premium processing expedites the review but does not guarantee approval.
Eligibility Categories for Form I-140
Employment-Based (EB) Categories
- EB-1: Priority workers, such as those with extraordinary ability, outstanding professors, and multinational executives.
- EB-2: Individuals with advanced degrees or exceptional ability.
- EB-3: Professionals, skilled workers, and other workers.
- EB-4: Special immigrants, such as religious workers and U.S. foreign service employees.
- EB-5: Investors meeting job creation and investment requirements.
Self-Petitioning
- Allowed for certain EB-1 and EB-2 (NIW) categories.
Supporting Documents for Form I-140
For Employers:
- Proof of ability to pay the offered wage (e.g., financial statements or tax returns).
- Job offer letter.
- Approved labor certification (if required).
For Employees:
- Resume or CV.
- Educational credentials (e.g., diplomas, transcripts).
- Letters of recommendation and evidence of work experience.
- Valid passport and proof of current visa status.
Special Circumstances
Job Portability (INA 204(j))
- Beneficiaries of approved or pending I-140 petitions may change jobs if:
- Form I-485 has been pending for 180+ days.
- The new job is in the same or similar occupational classification.
Successor-in-Interest (SII) Employers
- In cases of mergers or acquisitions, the new employer may assume the original I-140 petition.
Withdrawing Form I-140
- Employers may withdraw the petition, but beneficiaries may retain the priority date under certain conditions.
Key Takeaways
- I-140 approval is not a green card: It’s a step toward permanent residency.
- Priority date matters: Determines visa availability based on the Visa Bulletin.
- Benefits of approval: Allows for H-1B extensions and possible job portability.
For tailored advice and assistance with your Form I-140 filing, contact WANG LAW LLC. Our experienced team is here to guide employers and employees through the complexities of U.S. immigration law.