I-140 Immigrant Petition
The I-140 Immigrant Petition for Alien Workers is the critical second step in the employment-based green card process. We help employers and employees navigate EB-1, EB-2, and EB-3 categories to permanent residence.
Visa Categories
Employment-Based Green Card Categories
The I-140 petition is used across multiple employment-based preference categories, each with distinct requirements and processing times.
EB-1: Priority Workers
EB-1A: Extraordinary Ability
Individuals with extraordinary ability in sciences, arts, education, business, or athletics. No job offer or labor certification required.
EB-1B: Outstanding Professors/Researchers
Professors and researchers with international recognition. Requires a permanent job offer from a university or research institution.
EB-1C: Multinational Managers/Executives
Managers and executives transferring to a U.S. affiliate. Must have worked abroad for 1 of the past 3 years.
EB-2: Advanced Degree Professionals
EB-2 with PERM
Professionals with a master's degree or bachelor's plus 5 years of progressive experience. Requires PERM labor certification.
EB-2 NIW (National Interest Waiver)
Individuals whose work is in the national interest of the United States. No job offer or PERM required.
EB-3: Skilled Workers
EB-3 Professionals
Positions requiring a bachelor's degree. Requires PERM labor certification and a permanent job offer.
EB-3 Skilled Workers
Positions requiring 2 years of training or experience. Requires PERM labor certification.
EB-3 Other Workers
Unskilled positions requiring less than 2 years of experience. Longest wait times.
Processing Options
Premium Processing
Premium processing provides a guaranteed 15 business day decision for an additional fee. This can be critical for visa timing, job changes, or business needs.
Standard Processing
Regular USCIS processing time for I-140 petitions.
Premium Processing
Expedited processing for additional $2,805 fee. Available for most I-140 categories.
When to Use Premium Processing
- H-1B status expiring soon
- Concurrent filing opportunity
- Job change timing requirements
- Priority date about to become current
- Business relocation needs
- Family planning considerations
Employer Requirements
Ability to Pay the Proffered Wage
USCIS requires employers to demonstrate financial ability to pay the offered wage from the priority date through the present. This is assessed through multiple methods.
Net Income Method
The employer's net income equals or exceeds the proffered wage. This is calculated from the company's tax returns.
Net Assets Method
The employer's net current assets equal or exceed the proffered wage. Calculated as current assets minus current liabilities.
Employment of Beneficiary
The employer is already paying the beneficiary a wage equal to or greater than the proffered wage.
Totality of Circumstances
Combination of factors including bank statements, credit lines, and revenue projections may be considered.
Key Concepts
Portability, Priority Dates & Concurrent Filing
What is I-140 portability?
After an I-140 is approved for 180 days, the beneficiary can change employers and "port" to a new position in the same or similar occupation. The priority date is retained even if the I-140 is revoked by the original employer.
How do priority dates work?
Your priority date is established when the PERM is filed (for EB-2/EB-3) or when the I-140 is filed (for EB-1). This date determines your place in line for a green card. Earlier priority dates mean shorter waits.
What is concurrent filing?
When a visa number is immediately available (priority date is current), the I-140 and I-485 adjustment of status can be filed together. This provides work authorization and travel documents while the green card is pending.
How We Help
- Strategic category selection
- Comprehensive ability to pay analysis
- Premium processing when advantageous
- Priority date optimization
- Concurrent filing coordination
- Detailed RFE response preparation
Common Questions
I-140 FAQs
What is the difference between EB-1 and EB-2 categories?
EB-1 is for individuals with extraordinary ability, outstanding researchers, or multinational executives. EB-2 is for professionals with advanced degrees or exceptional ability. EB-1 categories generally have shorter wait times and do not require PERM labor certification.
How long is the I-140 valid?
An approved I-140 remains valid indefinitely unless revoked. Even if revoked due to job termination, the priority date can be retained for a future petition if the I-140 was approved for at least 180 days.
What happens if my I-140 is denied?
You may file a motion to reopen or reconsider with additional evidence. Alternatively, you may file an appeal with the Administrative Appeals Office (AAO). We carefully evaluate denial reasons to determine the best path forward.
Can I change employers while the I-140 is pending?
If only the I-140 is pending (no I-485), changing employers typically means the petition will be denied and you must start over with the new employer. This is why timing and planning are critical.
What evidence is needed for EB-1A extraordinary ability?
Applicants must demonstrate sustained national or international acclaim through evidence such as awards, published material about them, judging experience, original contributions, authorship, high salary, or leading roles in distinguished organizations.
How does premium processing work for I-140?
For an additional $2,805 fee, USCIS guarantees a decision within 15 business days. If they cannot meet this deadline, the fee is refunded but the case continues processing. Premium processing is available for all I-140 categories.
Ready to file your I-140?
Whether you need EB-1, EB-2, or EB-3 guidance, I provide strategic counsel to maximize your chances of approval and minimize processing time.