The I-140 Form: What it is and How to File
There are a lot of forms you must fill out when you're on the road to achieving permanent resident status in the U.S., and the I-140 is one of them. We'll explain what the I-140 form is, who can apply for it, how to file the application, and what to do if your petition is denied.
What is the I-140 form?
The I-140 Immigrant Petition for Alien Workers is an employment-based green card application. Permanent residency is a type of immigration status that allows a person to legally live and work in the U.S. permanently as long as they don't violate any statutes that could result in immigration removal proceedings.
However, the I-140 form is not the final step in obtaining permanent residency. You must also file and get approval for Form I-485, Application to Register Permanent Residence or Adjust Status, to finalize permanent residency. For I-140 must be submitted to the USCIS ( United States Citizenship and Immigration Services) and approved before Form I-485 can be filed.
Who can apply for Form I-140?
The I-140 is an employment-based authorization form that can help those eligible to become permanent residents under one of the following employment-based immigration categories:
EB-1 Employment-Based Immigration: For permanent workers of extraordinary ability, outstanding professors, multi-national executives
EB-2 Employment-Based Immigration: For those with advanced degrees or exceptional abilities
EB-3 Employment-Based Immigration: For skilled workers, professionals, and other workers
Depending on which category you fall into, you or your employer will file the I-140 form, and in most cases, you will need a DOL (Department of Labor) certification, often called a PERM certification.
How to file an I-140 application
You or your employer complete the form.
Include copies of the required documents and evidence, which can include ETA Form 9089, ETA Form 750, and letters from previous employers showing proof of your abilities.
Pay the processing fee of $700 by money order, personal check, cashier's check, or credit card.
You can pay for the premium processing service by filling out and submitting Form I-907 with your I-140 form. The cost of premium is $2,500.
The average processing time for a correctly submitted I-140 form is five to six months. Premium processing takes about 15 days. USCIS will send you a notice that your I-140 form has been approved, and you can move forward in the process of gaining permanent residency.
What to do if your petition is denied
Reapply: If the petition is denied, you or your employer whoever filed) can reapply. With the denial notice, USCIS will include an explanation of why the petition was denied. Be sure to address them in the new petition and include any evidence that supports your claims. You will also have to pay the filing fee again.
Appeal: The person who filed the petition can appeal the denial. USCIS will include information about how to appeal, and the appeal is handled by the AAO (Administrative Appeals Office). To appeal, Form I-290B must be filed within 30 calendar days from the date the denial was received. Include any additional evidence with the appeal.
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