What is Form I-140?
Updated October 5, 2026 · 6 min read
Before you read on: This describes the employment-based petition process in general terms. It is not legal advice, the rules and timelines are complex and change, and your own case may turn on details this page cannot know. For decisions affecting your status, consult a licensed immigration attorney.
Form I-140, the Immigrant Petition for Alien Worker, is the step where an employer formally asks USCIS to classify a foreign worker for an employment-based green card. It is normally the second stage of three: labour certification first, then the I-140, then adjustment of status or consular processing. Approval does not grant permanent residence — it establishes eligibility and secures a place in the queue.
Where it sits in the process
For the common EB-2 and EB-3 categories the sequence is: PERM labour certification with the Department of Labor, demonstrating that no qualified US worker is available for the role; then the I-140 with USCIS; then the final step — adjustment of status inside the US on Form I-485, or consular processing abroad.
Some categories skip the first stage. EB-1 petitions for people of extraordinary ability, outstanding researchers and certain multinational managers do not require labour certification, and the national interest waiver route in EB-2 can also dispense with it.
The final stage can only begin when a visa number is available, which for some countries and categories means waiting years after the I-140 is approved.
The priority date
The priority date is your place in the queue. For cases requiring PERM it is the date the labour certification was filed; otherwise it is the date the I-140 was filed.
The State Department publishes a monthly Visa Bulletin showing which priority dates are currently being processed in each category and country of birth. When your date is earlier than the published cut-off, your date is current and you can take the final step.
Because the per-country limits apply, waits vary enormously by country of birth rather than citizenship — applicants born in countries with high demand can wait many years longer than others filed on the same day in the same category.
A priority date generally carries over if a later petition is filed, which is why an approved I-140 retains value even if the job that produced it does not.
Portability after 180 days
Where an adjustment of status application has been pending for 180 days or more, the applicant may generally change to a new job in the same or a similar occupational classification without the process starting over.
This is the provision that stops people being locked to an employer for years. It has conditions — the new role must be in the same or similar classification, the original petition must have been approvable, and the change has to be reported — so it is not a free pass, but it is a meaningful one.
An approved I-140 is also what supports H-1B extensions beyond the six-year maximum in defined circumstances, which is why its approval matters long before a green card is in sight.
What employers should know
The employer files and must demonstrate the ability to pay the offered wage from the priority date onwards, usually through tax returns or audited financial statements. For smaller firms this is a real requirement rather than a formality.
Premium processing is available for most I-140 classifications, giving a defined adjudication window for an additional fee. It speeds the petition only — it has no effect on visa availability or the queue.
Sponsorship is a multi-year commitment with real cost, and for staffing firms it interacts with everything else: the consultant's H-1B status, their worksite, and the extensions that keep them working while the queue moves.
Common questions
Does an approved I-140 mean I have a green card?
No. It establishes your eligibility and secures your priority date. Permanent residence comes at the final stage — adjustment of status or consular processing — which can only happen once a visa number is available for your category and country of birth.
What is a priority date?
Your place in the queue for an immigrant visa. For cases requiring PERM it is the labour certification filing date, otherwise the I-140 filing date. The monthly Visa Bulletin shows which dates are currently being processed.
Can I change jobs after my I-140 is approved?
Often yes. Where an adjustment application has been pending 180 days or more, you may generally move to a same or similar role without restarting. Conditions apply, and it is worth confirming with an attorney before resigning.
What is the difference between EB-2 and EB-3?
They are preference categories with different requirements — broadly EB-2 for advanced degrees or exceptional ability, EB-3 for skilled workers and professionals. Which is appropriate depends on the role and the worker's qualifications, and queue lengths differ between them.
Can I file an I-140 myself?
Usually the employer files it. Self-petitioning is possible in specific categories, including EB-1A extraordinary ability and the EB-2 national interest waiver.