No. Approval of Form I-140 is not the same as receiving a green card. The I-140 is an employer-filed petition that asks U.S. Citizenship and Immigration Services to recognize you as eligible for an employment-based immigrant visa in a specific preference category. A green card, issued as Form I-551, is the document that confirms you have actually been granted lawful permanent residence. One is a placeholder in line; the other is the destination.
What an Approved I-140 Actually Is
Form I-140, the Immigrant Petition for Alien Workers, is filed by a U.S. employer asking USCIS to classify a foreign national under an employment-based preference category. The petition says the worker has the qualifications for the job and the employer has a real position and the financial ability to pay the offered wage, usually shown through federal tax returns or audited financial statements.1eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants
Approval confirms that USCIS recognizes your qualifications for a future immigrant visa number. It does not change your immigration status, and it does not grant permanent residency. You still need an available visa number and a separate application before you become a permanent resident.
For most EB-2 and EB-3 petitions, the employer must first obtain an approved labor certification from the Department of Labor through the PERM process, showing that no qualified U.S. worker is available for the job.2U.S. Citizenship and Immigration Services. Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers EB-1 extraordinary ability petitions and EB-2 National Interest Waivers skip that step.
What an Approved I-140 Gives You
Even though it is not a green card, an approved I-140 carries real benefits during the wait.
- A locked-in priority date. Once the I-140 is approved, your priority date is generally preserved. If your employer later withdraws the petition or you move to a new job, you can carry that date forward with a future petition.2U.S. Citizenship and Immigration Services. Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers
- H-1B extensions past six years. If you are in H-1B status and a visa number is not yet available, an approved I-140 lets you renew your H-1B beyond the standard six-year limit in three-year increments.3U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status
- Protection if the employer withdraws. If the petition has been approved for at least 180 days and the employer then withdraws it or goes out of business, USCIS will not revoke the approval. You keep your priority date, though you will still need a new qualifying job offer or a new I-140 to finish the green card process.2U.S. Citizenship and Immigration Services. Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers
What an Approved I-140 Does Not Give You
An approved I-140 does not grant lawful status, work authorization, or a travel document. You have to continue maintaining a valid nonimmigrant visa, such as an H-1B, to stay in the country legally.3U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status You cannot re-enter the United States after travel based on the I-140 alone; you need a valid visa stamp or another appropriate travel document.
A green card, by contrast, confirms lawful permanent resident status.4Social Security Administration. POMS RM 10211.025 – Evidence of Lawful Permanent Resident (LPR) Status for an SSN Card It lets you work for any employer without a new petition, and after five years of continuous residence it opens the door to naturalization.5Office of the Law Revision Counsel. 8 USC 1427 – Requirements of Naturalization Those rights arrive with the green card, not with the petition that leads to it.
Why There Is a Wait Between the Two
Federal law caps the number of employment-based immigrant visas issued each year, and no single country can receive more than a set share. When demand from a country and category exceeds supply, a backlog forms. The Department of State publishes a monthly Visa Bulletin that shows, for each preference category and country, which priority dates are currently eligible to move forward.6U.S. Citizenship and Immigration Services. Visa Availability and Priority Dates
Your priority date is your place in that line. For petitions requiring a labor certification, it is the date the Department of Labor accepted your PERM application. For petitions that skip labor certification, it is the date USCIS accepted the I-140. The date appears on the Form I-797 approval notice. When the Visa Bulletin cut-off date for your category and country passes your priority date, your date is current and you can move to the final step. Waits range from essentially none for some EB-1 applicants to more than a decade for EB-2 and EB-3 applicants from high-demand countries.
The Step That Actually Produces the Green Card
Once your priority date is current, you file the application that leads to permanent residency. The path depends on where you are.
Adjustment of Status
If you are inside the United States, you file Form I-485, Application to Register Permanent Residence or Adjust Status.7U.S. Citizenship and Immigration Services. Adjustment of Status If a visa number is immediately available when the I-140 is filed, you can file the I-485 at the same time, running both in parallel.8U.S. Citizenship and Immigration Services. Green Card for Employment-Based Immigrants USCIS will schedule a biometrics appointment, and you must complete an immigration medical examination with an authorized civil surgeon who fills out Form I-693.9U.S. Citizenship and Immigration Services. Form I-485, Instructions for Application to Register Permanent Residence or Adjust Status When the I-485 is approved, you become a permanent resident and your green card is mailed to you.
Consular Processing
If you are abroad, USCIS transfers your approved petition to the Department of State’s National Visa Center, which collects fees and documents before scheduling an interview at a U.S. embassy or consulate.10U.S. Citizenship and Immigration Services. Consular Processing11Travel.State.Gov. Step 2 – Begin National Visa Center (NVC) Processing After the interview, an approved applicant receives an immigrant visa to enter the country, and the physical green card follows by mail.
Working and Traveling While You Wait for the Green Card
Once the I-485 is on file, you can apply for two authorizations that broaden what you can do while the application is pending.
Filing Form I-765 under category (c)(9) produces an Employment Authorization Document that lets you work in the United States while your adjustment is pending, which can help if you want to change employers or your current visa does not allow the new work.12U.S. Citizenship and Immigration Services. Form I-765, Instructions for Application for Employment Authorization
To leave the country and return, you generally need advance parole through Form I-131. Departing without it usually causes USCIS to treat your I-485 as abandoned.13U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS There is an exception for H-1B holders returning to resume work with the same H-1B employer on a valid H-1B visa; they can travel without advance parole.3U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status
Changing Jobs Before the Green Card Is Approved
Under the AC21 portability rule, you can move to a new job without restarting the process if your I-485 has been pending at least 180 days, your I-140 is approved (or later approved) in EB-1, EB-2, or EB-3, and the new position is in the same or a similar occupation. You must file a Supplement J to Form I-485 to notify USCIS.14U.S. Citizenship and Immigration Services. Chapter 5 – Job Portability After Adjustment Filing and Other AC21 Provisions The new job can be with a different employer or self-employment as long as the occupation matches.
What Happens to Your Family
Your spouse and unmarried children under 21 can obtain green cards as derivative beneficiaries of your employment-based petition. Federal law entitles them to the same preference status and order of consideration as the primary beneficiary, whether accompanying you or following to join.15Office of the Law Revision Counsel. 8 USC 1153 – Allocation of Immigrant Visas They do not need their own I-140; they file their own I-485 applications or go through consular processing on your case.
A child who turns 21 during the long wait risks aging out of derivative eligibility. The Child Status Protection Act lets certain children calculate an immigration age by subtracting the time the petition was pending from their actual age when a visa becomes available, which can keep them classified as under 21 for the process even after their birthday.16U.S. Citizenship and Immigration Services. Child Status Protection Act (CSPA)
The short version is worth repeating: an approved I-140 puts you in line and protects your place there. The green card comes only after a visa number is available and a separate application is approved.