What Form I-140 Is
Form I-140 is the second stage in most employment-based green-card cases (after PERM labor certification, when required) and the first stage in categories that don't require PERM — EB-1A, EB-1B, and EB-2 NIW. Approval means USCIS agrees the beneficiary qualifies under the requested employment-based category.
An approved I-140 by itself doesn't grant lawful status or work authorization. It sets the priority date and lets the beneficiary either file Form I-485 (adjustment of status) if inside the U.S. and a visa number is current, or begin consular processing at a U.S. embassy abroad.
The I-140 also unlocks H-1B extensions past the standard six-year cap under AC21 — a critical benefit for beneficiaries stuck in EB-2/EB-3 backlogs.
Which Categories Use Form I-140
- EB-1A — Extraordinary Ability (self-petition; no employer required)
- EB-1B — Outstanding Professor or Researcher (employer-sponsored)
- EB-1C — Multinational Manager or Executive (employer-sponsored)
- EB-2 — Advanced Degree or Exceptional Ability (usually with PERM; NIW self-petitions)
- EB-3 — Skilled Worker, Professional, or Other Worker (requires PERM)
Filing Fee
The USCIS filing fee for Form I-140 is $715 as of the April 2024 fee schedule. This is paid directly to USCIS with the petition.
Premium processing is available for I-140 at an additional $2,805 and delivers an adjudication decision within 15 business days for most categories. EB-2 NIW premium processing runs 45 business days rather than 15.
How to File Form I-140
A typical I-140 case moves through these stages. Premium processing compresses the USCIS adjudication step to 15 business days (or 45 for NIW).
Confirm the Category and Base Eligibility
Determine which employment-based category fits. EB-1A requires sustained national or international acclaim; EB-2 requires an advanced degree or exceptional ability; EB-3 covers skilled workers and professionals. Category dictates the evidence strategy.
Complete PERM Labor Certification (if required)
EB-2 and EB-3 (except NIW) require PERM certification from the Department of Labor first — recruitment, prevailing wage, and ETA-9089 filing. Skip this step for EB-1A, EB-1B, EB-1C, and EB-2 NIW.
Assemble Petition Evidence
Build the evidence package around the category's criteria — awards, publications, memberships, letters, and organizational chart for EB-1C or degree evidence for EB-2/EB-3.
File Form I-140 with USCIS
Submit the completed form, filing fee, PERM approval (if required), and evidence package to the correct service center. Include Form I-907 if requesting premium processing.
Respond to RFEs and Await Adjudication
Regular processing is 6–10 months; premium processing is 15 business days (45 for NIW). If USCIS issues a Request for Evidence, respond within the deadline with targeted supplemental proof.
Documents Typically Filed
The exact package varies by category and beneficiary, but most I-140 filings include the following.
Beneficiary Evidence
- Passport biographical page
- Degree diplomas and transcripts
- Credential evaluation for foreign degrees
- Experience letters documenting progressive responsibility
- Professional licenses or memberships
Category-Specific Evidence
- EB-1A: awards, publications, judging, media, memberships
- EB-1B: outstanding-researcher evidence + qualifying job offer
- EB-1C: multinational manager/executive role + org chart
- EB-2 NIW: national-interest narrative + Dhanasar prong evidence
- EB-2/EB-3 (PERM): approved ETA-9089 labor certification
Employer / Petitioner
- Employer support letter with job duties + minimum requirements
- Ability-to-pay evidence (tax returns, audited financials, or payroll)
- Organizational chart
Top 5 Reasons USCIS Issues an I-140 RFE
- Ability to pay — small employers whose financials don't clearly show they can pay the proffered wage.
- Beneficiary qualifications — degree evaluations that don't clearly meet the PERM minimum requirements.
- EB-1A final-merits review — meeting three criteria isn't enough; USCIS wants a totality-of-evidence showing.
- EB-2 NIW Dhanasar prong 2 — insufficient evidence the beneficiary is well-positioned to advance the endeavor.
- EB-1C — thin evidence of the qualifying multinational manager or executive role.
Frequently Asked Questions About Form I-140
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