What Is Form I-140? Eligibility, Filing, and AC21 Benefits

Form I-140, the Immigrant Petition for Alien Workers, is the petition a U.S. employer files with USCIS to sponsor a foreign worker for an employment-based green card. It is not a visa. Approval does three things: it confirms the job fits an eligible category, it confirms the worker qualifies, and it locks in a priority date that fixes the worker’s place in line for a green card number.¹ What it does not do is give the worker permission to enter the U.S. or start a new job. The next step comes later, either through adjustment of status inside the country or consular processing abroad.

Who Files the Petition

Most I-140 petitions come from employers sponsoring a specific worker for a specific job. Two categories let the worker file on their own: individuals with extraordinary ability under EB-1A, and workers seeking a National Interest Waiver under EB-2.¹ Every other route requires an employer sponsor.

The Three Eligibility Categories

The I-140 covers three employment-based preference categories. Which one applies changes the evidence, the paperwork the employer must complete first, and often the wait time.

EB-1: Priority Workers

The first preference is for workers at the top of their fields. EB-1A covers individuals with extraordinary ability in the sciences, arts, education, business, or athletics, shown through sustained national or international recognition. Applicants have to meet at least three of ten evidentiary criteria, including major awards, published research, a high salary relative to peers, and leading roles at distinguished organizations.² EB-1B is for outstanding professors and researchers with international recognition in their academic field. EB-1C is for multinational managers and executives who have worked for an overseas affiliate of the U.S. petitioning company.³ EB-1A applicants can self-petition and do not need a job offer or labor certification. EB-1B and EB-1C still need an employer.

EB-2: Advanced Degree Professionals and Exceptional Ability

The second preference covers workers with an advanced degree (a master’s or higher, or a bachelor’s plus five years of progressive experience) and individuals with exceptional ability in the sciences, arts, or business. EB-2 normally requires both a job offer and a labor certification from the Department of Labor.⁴

The exception is the National Interest Waiver. Under the framework set out in Matter of Dhanasar, an applicant who can show that their proposed work has substantial merit and national importance, that they are well positioned to advance it, and that on balance the U.S. gains more by waiving the job offer and labor certification requirements can skip both.⁵ NIW petitions are common among researchers, physicians working in underserved areas, and entrepreneurs whose work addresses a recognized national need.

EB-3: Skilled Workers, Professionals, and Other Workers

The third preference is the broadest. Skilled workers need at least two years of training or experience. Professionals need a U.S. bachelor’s degree or a foreign equivalent. A subcategory for “other workers” covers positions requiring less than two years of training, though it has a smaller share of visa numbers and correspondingly longer waits.³ All EB-3 petitions require both a job offer and a certified labor certification.

What Goes in the Petition

The evidence package varies by category, but three components sit at the center of most filings.

Labor Certification

For EB-2 (outside the waiver) and all EB-3 filings, the employer must first obtain a certified ETA Form 9089 from the Department of Labor. That form documents that the employer tested the labor market and found no qualified, willing, and available U.S. worker for the position at the prevailing wage.⁶ The labor certification process itself can take many months, and it must be completed before the I-140 is filed. EB-1 petitions and NIW petitions do not need one.

Worker Qualifications

The petition has to prove the worker meets the job’s requirements. That usually means university diplomas, academic transcripts, and letters from previous employers describing the worker’s responsibilities and years of relevant experience.¹ Extraordinary ability petitions also need supporting evidence for each of the criteria the worker is claiming, such as awards, published work, or proof of a high salary relative to others in the field.

Ability to Pay

USCIS takes the employer’s finances seriously. The petition must include federal tax returns, audited financial statements, or annual reports for each year from the priority date onward. Companies with 100 or more employees can instead submit a statement from a financial officer.⁷

Two benchmarks generally satisfy the requirement. If the employer’s net income equals or exceeds the offered wage, that works. So does net current assets (current assets minus current liabilities) equal to or greater than the offered wage. If the employer already pays the worker part of the offered salary, USCIS only looks for enough to cover the gap.⁷ Small companies and startups with thin margins are where most ability-to-pay problems appear.

The Form Itself

The form asks for the worker’s biographical information, current address, date of birth, and any immigration identification numbers. The employer supplies its NAICS code and the job title for the offered position.⁸ Everything is submitted under penalty of perjury.

Filing Fees and How to File

The I-140 base fee is $715, but most petitioners also owe the Asylum Program Fee that USCIS added in April 2024. The total depends on the type and size of the petitioner:⁹

Employers with 26 or more employees pay $1,315 ($715 base plus $600 Asylum Program Fee).
Small employers with 25 or fewer full-time equivalent employees pay $1,015 ($715 base plus $300).
Nonprofits tax-exempt under IRC 501(c)(3) and governmental research organizations pay $715 and are exempt from the Asylum Program Fee.

Petitioners who want a faster answer can add premium processing by filing Form I-907, which costs $2,965 as of March 2026. Premium processing guarantees USCIS will take some action within 15 business days, though “action” can mean a request for evidence rather than a decision.¹⁰

A standalone I-140 can be filed online through the USCIS website, but only if nothing else is submitted alongside it (a G-28 attorney representation form is allowed). Filing the I-140 with premium processing or any other form has to go by mail to the designated USCIS lockbox.¹ Attorney fees for preparing and filing an I-140 typically range from about $2,000 to $7,500 or more, depending on complexity and preference category.

After You File

USCIS mails a Form I-797C receipt notice showing a 13-character receipt number: three letters followed by ten digits.¹¹ Entering that number in the USCIS online case status tool shows when the case is assigned to an officer and whether USCIS has asked for anything more.

Without premium processing, an I-140 can take many months. Times vary by service center and preference category, and USCIS publishes current estimates on its website. Checking those before filing helps set expectations, especially for EB-2 and EB-3, which often run longer.

If the officer needs more, you will get a Request for Evidence or a Notice of Intent to Deny, each with a response deadline.¹² RFEs are common and not a signal of trouble on their own. They typically ask for more financial proof, a better experience letter, or clarification of the worker’s qualifications. A NOID is more serious because it signals a likely denial, but the petitioner still gets a chance to respond.

An approval establishes the priority date, which is generally the date the labor certification application was filed with the Department of Labor, or the date the I-140 was filed if no labor certification was required.¹³ The State Department publishes a monthly Visa Bulletin showing which priority dates are currently eligible to proceed.¹⁴ For applicants born in high-demand countries, particularly India and China, the wait between I-140 approval and a current priority date can stretch for years or, in some categories, decades. Applicants from most other countries face shorter waits or none. Once a priority date is current, the worker files Form I-485 to adjust status if they are in the U.S., or applies for an immigrant visa at a consulate abroad.¹⁵

What an Approved I-140 Unlocks

Changing Jobs Under AC21

Workers are not permanently tied to the employer that filed the petition. Under INA section 204(j), a worker can change employers or become self-employed if their I-485 has been pending for at least 180 days and the new position is in the same or a similar occupation as the one listed on the I-140.¹⁶ The worker and the new employer complete Form I-485 Supplement J so USCIS can verify the new job qualifies. The underlying I-140 must be approved (or pending and later approved) and must fall under EB-1, EB-2, or EB-3.

There is a related protection worth knowing. If the original employer tries to withdraw an I-140 after it has been approved for at least 180 days, or after an associated I-485 has been pending for at least 180 days, USCIS will not revoke the petition. The job offer is treated as withdrawn, but the I-140 stays approved and the worker keeps the priority date.¹ Losing a sponsoring job does not automatically restart the green card process.

Keeping Your Priority Date

Even without using AC21 portability, a worker with an approved I-140 can carry that priority date to a new petition filed by a different employer, as long as the new petition is in the same or a similar preference category. For workers from backlogged countries, that portability can save years.

H-4 Spouse Work Authorization

An approved I-140 can affect the family right away. When the worker holds H-1B status and has an approved I-140, the H-4 dependent spouse becomes eligible to apply for an Employment Authorization Document by filing Form I-765.¹⁷ Once approved, the spouse can work for any employer without restriction on occupation or hours. For families waiting out a long priority-date backlog, that authorization is often what makes the wait workable.

If the Petition Is Denied

A denied I-140 can be appealed or challenged with a motion to reopen or reconsider using Form I-290B. The deadline for a standard denial is 30 days from the date of the decision, or 33 days if USCIS mailed the notice. For revocations, the window is 15 days, or 18 days if mailed.¹⁸ Missing those deadlines forfeits the administrative appeal.

A denial does not permanently bar the worker. The employer can file a new I-140 addressing the reason for the denial, or the worker can pursue a different preference category if they qualify. The priority date from a denied petition is lost, though, and any new filing starts fresh.

1
U.S. Citizenship and Immigration Services. Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers
2
eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants
3
Department of Homeland Security. Immigrant Classes of Admission
4
U.S. Citizenship and Immigration Services. Part F – Employment-Based Classifications
5
Justice.gov. Matter of DHANASAR, 26 I&N Dec. 884 (AAO 2016)
6
U.S. Department of Labor. Foreign Labor Certification Forms
7
U.S. Citizenship and Immigration Services. Chapter 4 – Ability to Pay
8
Regulations.gov. Form I-140 Instructions
9
Federal Register. U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements
10
Federal Register. Adjustment to Premium Processing Fees
11
U.S. Citizenship and Immigration Services. e-Request – Non-Delivery of Notice
12
U.S. Citizenship and Immigration Services. Chapter 6 – Evidence
13
Office of the Law Revision Counsel. 8 USC 1153 – Allocation of Immigrant Visas
14
U.S. Department of State. The Visa Bulletin
15
U.S. Citizenship and Immigration Services. Consular Processing
16
U.S. Citizenship and Immigration Services. Chapter 5 – Job Portability after Adjustment Filing and Other AC21 Provisions
17
eCFR. 8 CFR 214.2 – Special Requirements for Admission, Extension, and Maintenance of Status
18
U.S. Citizenship and Immigration Services. Form I-290B, Instructions for Notice of Appeal or Motion