To file Form I-140, Immigrant Petition for Alien Workers, a U.S. employer (or in limited cases the worker) selects one employment-based preference category, gathers a labor certification and supporting evidence, completes the current edition of the form, and submits it to USCIS online or by mail to the correct lockbox with the required fees. The petition is one step in a longer green card process, but it is the step where most avoidable mistakes happen, so the details below matter.
Pick the Right Preference Category Before Anything Else
Every I-140 must fit into exactly one employment-based category, and Part 2 of the form makes you check a single box. Checking more than one, or leaving it blank, gets the petition rejected.
EB-1 covers people with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational executives or managers. Extraordinary-ability applicants can file the I-140 themselves without an employer and without a labor certification.1United States Citizenship and Immigration Services. Employment-Based Immigration: First Preference EB-1 Outstanding professors and multinational executives still need an employer petitioner.
EB-2 is for professionals with an advanced degree (anything above a bachelor’s, or a bachelor’s plus five years of progressive experience) and individuals with exceptional ability in the sciences, arts, or business. Most EB-2 cases require a job offer and an approved labor certification. The National Interest Waiver is the main exception: a foreign national can self-petition without a job offer by showing that the proposed work has substantial merit and national importance.2U.S. Citizenship and Immigration Services. Employment-Based Immigration: Second Preference EB-2
EB-3 has three subcategories. Skilled workers need at least two years of training or experience. Professionals need a U.S. bachelor’s or foreign equivalent, and a bachelor’s must be the normal entry requirement for the job. Other workers fill positions requiring less than two years of training that are not temporary or seasonal.3U.S. Citizenship and Immigration Services. Employment-Based Immigration: Third Preference EB-3 All three require a labor certification.
Get the Labor Certification (When You Need One)
For most EB-2 and EB-3 petitions, the employer must first obtain an approved permanent labor certification (Form ETA-9089) from the Department of Labor.4U.S. Citizenship and Immigration Services. Permanent Workers The certification confirms the employer ran a genuine recruitment effort and found no willing, qualified U.S. workers, and it locks in a salary that must meet or exceed the prevailing wage for that job in that location.
EB-1 petitions and EB-2 National Interest Waiver petitions do not require a labor certification. Neither do certain Schedule A occupations such as registered nurses and physical therapists.4U.S. Citizenship and Immigration Services. Permanent Workers
Prove the Employer Can Pay the Offered Wage
Federal regulations require the petitioning employer to show it can pay the offered salary from the priority date (usually the date the labor certification was filed) until the worker becomes a permanent resident. Acceptable proof includes copies of annual reports, federal tax returns, or audited financial statements. Employers with 100 or more workers may instead submit a statement from a financial officer confirming the company can cover the salary.5eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants
Newer companies without years of tax history draw extra scrutiny. USCIS may accept profit and loss statements, bank records, or documentation of credit lines, and a petition should explain funding sources and expected revenue if the company operates at a loss due to research and development or growth spending. If a tax return for the priority date year is not available at filing, USCIS may consider one from the prior year as part of a broader analysis.6U.S. Citizenship and Immigration Services. Chapter 4 – Ability to Pay A mismatch between the wage promised on the labor certification and what the company can actually afford is one of the most common reasons petitions are denied.
Document the Beneficiary’s Qualifications
The worker must show they meet both the job requirements and the requirements of the chosen preference category. Standard evidence includes university diplomas, official academic transcripts, and detailed letters from current and former employers listing dates, titles, and duties. If the position requires a professional license, include a current copy.
Foreign degrees need a credentials evaluation confirming equivalence to a U.S. degree at the required level. The evaluation must be based solely on the foreign degree and must lay out a credible, well-documented basis for the equivalency conclusion. A brief letter stating “this equals a U.S. master’s degree” is not persuasive. School officials authorized to grant such determinations may also provide acceptable evaluations.7U.S. Citizenship and Immigration Services. Chapter 9 – Evaluation of Education Credentials
Every document in a foreign language must be accompanied by a certified English translation. The translator must sign the translation and include a statement certifying competence to translate from the original language.
Review the whole package for internal consistency before filing. If the job requires a master’s in computer science and the worker holds a master’s in electrical engineering, address that head-on in the supporting evidence. Mismatches between the employer’s description and the worker’s background reliably draw a Request for Evidence or denial.
Fill Out Form I-140 Correctly
Download the most current edition from the USCIS website before you start. An outdated edition can get the whole package rejected at intake.
Part 1 asks for the petitioner’s information: legal company name, physical office address (not a P.O. box), and IRS Employer Identification Number. USCIS will reject any petition from an employer that requires a job offer but omits the EIN or Social Security number.8U.S. Citizenship and Immigration Services. Form I-140, Instructions for Petition for Alien Workers The section also asks for total employees, gross annual income, and net annual income.
Part 2 is the single-box preference selection described above. Part 3 collects the beneficiary’s full legal name, date of birth, country of birth, and current address. If the worker is already in the United States, enter the current nonimmigrant status and I-94 number. Small errors here create mismatches that slow processing when USCIS cross-checks identity records.
The authorized representative of the petitioning company must sign and certify under penalty of perjury that the information is accurate. A signature from someone without authority to bind the company invalidates the filing.
Where and How to File
A standalone I-140 can be filed online through a USCIS account, as long as nothing else is submitted with it other than Form G-28 for an attorney. If you are filing the I-140 together with Form I-485 (adjustment of status) or Form I-907 (premium processing), file by mail. Premium processing can still be added later by mail after an online I-140 filing.9U.S. Citizenship and Immigration Services. Forms Available to File Online
For paper filings, the correct address depends on where the beneficiary will work. Petitions for workers in roughly the western and southern half of the country (including California, Texas, Florida, and surrounding states) go to the USCIS Dallas Lockbox. Petitions for workers in the northeastern and midwestern states (including New York, Illinois, Massachusetts, and surrounding states) go to the USCIS Chicago Lockbox.10U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker Confirm the exact address on the USCIS filing addresses page based on the beneficiary’s work state. Sending it to the wrong lockbox delays everything.
Fees and How to Pay Them
The base filing fee for Form I-140 is $715. Employers also owe an Asylum Program Fee: $600 for companies with more than 25 full-time equivalent employees, or $300 for small employers with 25 or fewer. Nonprofit organizations are exempt from the Asylum Program Fee but still owe the base amount.11U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
Payment rules changed for paper filings. Since October 2025, USCIS no longer accepts personal checks, business checks, or money orders for most paper-filed forms. Paper filings must be paid by ACH debit (Form G-1650) or credit card (Form G-1450).12U.S. Citizenship and Immigration Services. USCIS to Modernize Fee Payments with Electronic Funds A check will get the whole package rejected and mailed back. Online filers pay through their USCIS account at submission.
Premium Processing If You Want a Faster Decision
You can file Form I-907, Request for Premium Processing Service, with the I-140 or after it. As of March 1, 2026, the premium processing fee for I-140 petitions is $2,965.13U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees USCIS guarantees action within a set number of business days or refunds the fee:
- 15 business days for most I-140 classifications, including EB-1 extraordinary ability, EB-1 outstanding professors, EB-2 (non-NIW), and all three EB-3 subcategories.
- 45 business days for EB-1 multinational executives and managers, and EB-2 National Interest Waiver petitions.
“Action” can mean an approval, a denial, a Request for Evidence, or a notice of intent to deny. Without premium processing, standard adjudication can take six months to well over a year depending on the service center’s backlog.14U.S. Citizenship and Immigration Services. How Do I Request Premium Processing?
What Happens After You File
Once the lockbox accepts the package, USCIS issues Form I-797C, Notice of Action, as a receipt.15U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action The receipt number (starting with EAC, WAC, LIN, or SRC) lets you track the case online. Getting the I-797C means the filing was accepted, not that it will be approved.
If USCIS finds the submission incomplete or unconvincing, it issues a Request for Evidence identifying what’s missing. The standard response deadline for I-140 petitions is 84 calendar days, plus three additional days for domestic mailing time. There is no mechanism to request more time. Miss the deadline and USCIS can deny the petition as abandoned or on the existing record.16U.S. Citizenship and Immigration Services. Chapter 6 – Evidence
If the petition is denied, the petitioner can appeal to the USCIS Administrative Appeals Office using Form I-290B, Notice of Appeal or Motion. For most I-140 denials, the appeal is due 30 calendar days from the date of the denial notice, or 33 days if the decision was mailed. If USCIS revokes a previously approved petition, the window is 15 calendar days from the date of service, or 18 if mailed.17U.S. Citizenship and Immigration Services. Notice of Appeal or Motion Miss those and the right to appeal is gone.
Filing With Form I-485 at the Same Time
An approved I-140 does not by itself produce a green card. The beneficiary still needs a visa number to become available. When one is already available at the time of filing, the employer can submit the I-140 and the worker can file Form I-485 (Application to Register Permanent Residence or Adjust Status) together. USCIS treats them as concurrently filed when they are mailed together or when the I-485 is filed while the I-140 is still pending.18U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485 Concurrent filing lets the beneficiary apply for work authorization and travel documents based on the pending I-485. If a visa number is not available, only the I-140 goes in now, and the I-485 waits.