I-140 Petition

Book Consultation

Written by:

Janie Sapon, Esq.

Last Updated: August 7, 2026

Reading time: Estimated 2 minutes

Table of Contents

The Form I-140, Immigrant Petition for Alien Worker, is filed by employers on behalf of foreign workers seeking permanent residency in the U.S. based on employment or may also be filed as a self-petition for particular qualifying employment-based categories.
I-140 APPLICATION PROCESS
TYPICAL I-140 TIMELINE

The first step in applying for an I-140 is to gather documentation, including any existing PERM Certification.

I-140 IMMIGRANT PETITIONS

The Form I-140, Immigrant Petition for Alien Worker, is filed by employers on behalf of foreign workers seeking permanent residency in the U.S. based on employment or may also be filed as a self-petition for particular qualifying employment-based categories.

For non-self-petitioning cases, it serves as the employer’s petition to classify the foreign worker in a specific employment-based immigrant category, such as EB-1, EB-2, or EB-3. The I-140 petition demonstrates that the employer has a genuine job offer for the foreign worker and that the worker meets the qualifications for the desired immigrant category.

I-140 APPLICATION PROCESS

01 Gather Documentation

Employers gather documentation such as job offer letters, proof of the foreign worker’s qualifications, PERM Labor Certification (if applicable), and evidence of the company’s ability to pay the offered wage.

02 File Form I-140

The completed Form I-140 and supporting evidence are submitted to the U.S. Citizenship and Immigration Services (USCIS) for processing.

03 Request for Evidence

USCIS reviews the petition and supporting documents to determine eligibility, potentially issuing a Request for Evidence (RFE) if further documentation is required.

TYPICAL I-140 TIMELINE

The processing time for an I-140 petition can vary significantly, typically from several months to over a year, depending on factors such as USCIS processing times, the visa category, and whether premium processing is selected.

Request for Premium Processing
USCIS accepts requests for premium processing to expedite adjudication of I-140 petitions. If a request for premium processing is filed, a decision may occur in as little as 15 days.
Request for Evidence
If USCIS issues an RFE, the processing time will be extended as the employer responds to the request.
Approval & Next Steps
Upon approval of the form I-140 petition, the foreign worker may proceed with the next steps of the green card application process, such as adjustment of status or consular processing, depending on their location and circumstances.

Consult with an expert immigration lawyer to ensure successful approvals.

Working with immigration and employment experts can open doors for additional opportunities. Our team’s extensive expertise allows us to combine legal and creative strategies to ensure successful immigration and employment.

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Additional Resources

U.S. Citizenship and Immigration Services (USCIS)
USCIS Information on I-140, Immigrant Petition for Alien Workers

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