I-140 Immigrant Petition Attorney
The I-140 is the critical petition at the heart of every employment-based green card. We help employers and employees navigate EB-1, EB-2, and EB-3 to permanent residence.
What Is the I-140 Petition?
What this means for you
The petition that secures your place in line. A well-built I-140 locks in your priority date, can be expedited in 15 business days, and — once approved for 180 days — lets you change jobs without losing your spot.
Form I-140, the Immigrant Petition for Alien Workers, is how an employer (or a self-petitioner in EB-1A and EB-2 NIW) asks USCIS to classify a worker in an employment-based green card category.
For EB-2 and EB-3 it follows an approved PERM; for EB-1 and the National Interest Waiver it is the first major filing. Either way, it sets the priority date that governs your place in line.
The Atlas advantage
Work directly with your attorney
Same-day response guarantee
Flat fees, no surprises
Which Category Is Your I-140?
The I-140 is used across the employment-based preference categories, each with its own standard:
EB-1 — Priority Workers
No PERM required.
- EB-1A: extraordinary ability (self-petition).
- EB-1B: outstanding professors and researchers.
- EB-1C: multinational managers and executives.
EB-2 — Advanced Degree
Degree or national interest.
- EB-2 with PERM: master's, or bachelor's plus five years.
- EB-2 NIW: national interest waiver, no PERM.
- A strong fit for high-skill professionals.
EB-3 — Skilled Workers
Employer-sponsored via PERM.
- Professionals with a bachelor's degree.
- Skilled workers (2+ years training).
- Other workers (under 2 years).
Not sure which category gives you the fastest, strongest I-140? We'll evaluate your profile and recommend one.
The Key I-140 Issues We Manage
Three things decide how smoothly an I-140 moves — ability to pay, priority-date strategy, and processing speed:
Ability to Pay the Wage
USCIS requires proof the employer can pay the offered wage from the priority date — via net income, net assets, or wages already paid.
How we help: We assemble the financial evidence and choose the strongest method, including a totality-of-circumstances argument.
Priority Dates & Portability
Your priority date sets your place in line; after the I-140 is approved for 180 days, you can change jobs and keep it.
How we help: We protect and port your priority date and time job changes so you never lose your spot.
Premium Processing
For an additional fee, USCIS decides the I-140 in 15 business days instead of many months.
How we help: We advise when premium processing is worth it — expiring status, concurrent filing, or tight timing.
The I-140 Process Step by Step
We guide employers and employees from category selection through approval:
- 1
Category & Strategy
We confirm the strongest category and map the evidence and priority-date strategy.
- 2
Build the Petition
We prepare the I-140 with ability-to-pay evidence and category-specific documentation.
- 3
File the Petition
We file with USCIS, adding premium processing when timing calls for a 15-day decision.
- 4
Approval & Next Steps
On approval, we coordinate adjustment of status (or consular processing) when a visa number is available.
Why Trust Atlas Immigration Law with Your I-140
The I-140 looks like a form but turns on strategy — the right category, airtight ability-to-pay evidence, and smart use of priority dates and premium processing. That is exactly where we focus. Our team removes the guesswork:
Work directly with your attorney
No call centers, no handoffs — the lawyer building your case is the one you talk to.
Flat fees, known up front
You agree on the full cost before we start. No hourly billing, no surprises.
Same-day response
Questions during your case get a reply the same business day.
From category selection through concurrent filing and RFE responses, we maximize your chances of approval and protect the priority date that determines how soon you reach permanent residence.
Proving Ability to Pay
USCIS requires employers to show financial ability to pay the offered wage from the priority date onward, assessed through several methods:
Net Income Method
The employer's net income equals or exceeds the proffered wage, shown on tax returns.
Net Assets Method
Net current assets (current assets minus current liabilities) equal or exceed the wage.
Employment of the Beneficiary
The employer is already paying the worker at or above the proffered wage.
Totality of Circumstances
Bank statements, credit lines, and revenue projections considered together.
Priority Dates, Portability & Concurrent Filing
I-140 Portability
After an I-140 is approved for 180 days, you can change to a same-or-similar job and keep your priority date — even if the original employer revokes the petition.
Priority Dates
Set when the PERM (EB-2/EB-3) or I-140 (EB-1) is filed, your priority date determines your place in line. An earlier date means a shorter wait.
Concurrent Filing
When a visa number is immediately available, the I-140 and I-485 can be filed together — providing work authorization and travel documents while the green card is pending.
Comparing categories first? See our employment-based green card overview covering EB-1, EB-2 NIW, and EB-3.
Common Questions
I-140 FAQs
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.
Ready to file your I-140?
Whether you need EB-1, EB-2, or EB-3 guidance, we provide strategic counsel to maximize approval and minimize processing time. It's completely free.