What is Form I-140: Immigrant Petition for Alien Worker?

Form I-140 is a form that you send to U.S. Citizenship and Immigration Services (USCIS) to petition for a foreign worker to get a green card. In other words: it’s a request to the U.S. government to allow someone to become a permanent resident based on a U.S. employer in a role that meets certain requirements.

Once Form I-140 is approved, it opens the door for a worker (and, in many cases, their spouse and children) to apply for lawful permanent residence—either through adjustment of status in the U.S. or consular processing abroad.

How to download Form I-140

You can download Form I-140 directly from USCIS. Use the official USCIS form page and make sure you’re using the most current edition before filing.

Filing Form I-140 in 2025: What immigration lawyers want you to know

Form I-140 strategy and documentation quality can determine how smoothly your green card case moves. In 2025, employers and self-petitioners should plan for careful evidence preparation, correct fee payment, and consistent job duty/qualification documentation.

Where does Form I-140 fit in the green card process?

In many employment-based green card pathways, Form I-140 is the petition stage that comes after (or alongside) earlier steps like PERM labor certification (when required). After the I-140 is filed and approved, the worker may be able to file Form I-485 (adjustment of status) or proceed through consular processing once their priority date is current.

Who files the Form I-140 petition?

In most employment-based categories, a U.S. employer files Form I-140 on behalf of the worker. In certain categories (like EB-1A and some NIW cases), the worker may be eligible to self-petition without an employer sponsor.

Employer-sponsored I-140 petitions

Employer-sponsored I-140 cases generally require a qualifying job offer, evidence the worker meets the requirements for the role, and (when applicable) an approved PERM labor certification. USCIS will also expect evidence that the employer can pay the offered wage.

Filing Form I-140 as a self-petitioner

Some employment-based categories allow self-petitioning. Depending on the category, this can include demonstrating extraordinary ability, exceptional ability, or that a national interest waiver is warranted, supported by category-specific evidence.

How much does it cost to file Form I-140?

Form I-140 filing fees depend on your employer type and filing situation. USCIS will reject filings that do not include the correct fee payment, so it’s important to confirm the correct amount immediately before submitting.

What you need for filing Form I-140: checklist

A strong Form I-140 petition package typically includes the form itself plus supporting evidence tailored to the specific employment-based category. Below are common evidence buckets you may need.

1. Job offer letter (if required)

If your category requires a job offer, include a job offer letter confirming the role, offered wage, and key job details.

2. Proof of qualifications

Include documentation showing you meet the role’s minimum requirements, which can include degrees, transcripts, licenses, and experience letters.

3. Evidence of extraordinary or exceptional ability (if self-petitioning)

If you are self-petitioning under a category like EB-1A, you will typically need substantial evidence aligned to the category’s criteria and legal standards.

4. PERM Labor Certification (if required)

If your category requires PERM, include the certified ETA 9089 and ensure the I-140 details match the PERM filing (job title, duties, wage, location, and requirements).

5. Proof of ability to pay (if employer-sponsored)

USCIS often requires evidence that the employer can pay the offered wage from the priority date onward (commonly through tax returns, annual reports, audited financials, and/or payroll records).

6. Identification

Include identifying documents required for the filing (as applicable), such as passport biographic page copies and prior immigration documentation when relevant to the petition.

How to File Form I-140: step-by-step

Filing Form I-140 is primarily about (1) selecting the correct category, (2) completing the form accurately, (3) assembling the correct supporting evidence, and (4) submitting the full petition package to the correct USCIS address with the correct fees.

Step 1: Complete Form I-140

Complete Form I-140 carefully and consistently with your supporting evidence. Inconsistencies between the form, PERM (if applicable), and exhibits can trigger RFEs or denials.

Step 2: Gather your supporting documents

Collect and organize all evidence required for your specific category, including qualification evidence, employer evidence (if employer-sponsored), and category-specific proof (e.g., extraordinary ability criteria or NIW evidence).

Step 3: Assemble your petition packet

Prepare a well-organized packet with a clear table of contents and labeled exhibits. A clean structure helps USCIS review your petition efficiently and can reduce confusion-driven RFEs.

Step 4: Mail your I-140 petition to USCIS

When your packet is complete, send the petition to USCIS. The correct Form I-140 filing address depends on whether you're using premium processing, whether you're filing Form I-485 at the same time, and where you or your employer are located. (See: Form I-140 filing address (https://manifestlaw.com/blog/1-140-form-filing-address/))

An experienced immigration attorney will help ensure you’re sending the right documents to the right place during this step in the process.

Note: Be sure to include a check or money order for the correct filing fees. Otherwise, USCIS will reject the entire package. You can refer to our detailed breakdown of Form I-140 fees above to confirm the amount you owe based on your employer type or filing status.

How long does Form I-140 take to process?

Processing times vary by category, service center workload, and whether premium processing is available and used. Standard processing can take months, while premium processing (when available) can significantly shorten the timeline to a USCIS action.

Regular Form I-140 processing times (2025)

Regular (non-premium) I-140 processing times depend on the service center and category. Timelines can fluctuate and may be affected by RFEs, workload shifts, or policy changes.

Form I-140 premium processing times (2025)

Premium processing (when available) generally results in faster USCIS action on the petition. Premium processing does not guarantee approval; it guarantees a decision or action (such as an RFE) within the premium timeframe.

Who should use premium processing when filing Form I-140?

Premium processing can be helpful when time is critical, but whether it makes sense depends on your case strategy, category availability, budget, and the broader green card timeline (including priority date backlogs).

What happens after Form I-140 is approved?

After I-140 approval, the next steps depend on your category, location, and whether your priority date is current. Many applicants proceed to adjustment of status (Form I-485) in the U.S. or consular processing abroad when eligible.

Step 1: Receive your priority date

Your priority date is generally the date your PERM was filed (if required) or the date USCIS received your I-140 (if PERM is not required). This date determines your place in line for a green card number.

Step 2: File for your green card (when your date is current)

Once your priority date is current, you may be able to file Form I-485 (if in the U.S.) or proceed with consular processing (if abroad). Timing and eligibility can vary based on visa bulletin movement and individual circumstances.

Step 3: Receive your green card

After completing the final stage (adjustment approval or immigrant visa issuance and entry), you receive lawful permanent residence. Exact steps vary based on whether you adjusted status or processed through a consulate.

What if I receive a Request for Evidence (RFE)?

An RFE means USCIS needs more information to decide your petition. RFEs commonly relate to job duties, qualifications, ability to pay, category criteria evidence, or inconsistencies. Respond thoroughly and by the deadline to avoid denial.

What happens if my Form I-140 petition is denied?

If denied, the path forward depends on the reason for denial and your case posture. Some cases may be refiled with stronger evidence, while others may consider motions/appeals or alternative categories depending on eligibility and strategy.