Form I-140 (Immigrant Petition for Alien Worker)

What It Means

Form I-140, Immigrant Petition for Alien Worker, is the employment-based counterpart to the I-130 and is the second step in most EB-2 and EB-3 cases (after PERM labor certification) or the first step in EB-1A extraordinary ability, EB-1C multinational manager, EB-2 National Interest Waiver, and other self-petition or PERM-exempt categories. Categories adjudicated on I-140 include EB-1A (extraordinary ability, typically requiring evidence satisfying at least 3 of 10 regulatory criteria per 8 CFR 204.5(h)(3) and meeting the Kazarian two-step standard), EB-1B (outstanding researchers and professors), EB-1C (multinational managers and executives), EB-2 (advanced degree or exceptional ability, with optional National Interest Waiver under Matter of Dhanasar), and EB-3 (skilled workers, professionals, and other workers). The total employment-based allocation is 140,000 visas per year per INA section 201(d), divided 28.6% each to EB-1, EB-2, and EB-3 (with EB-3 "other workers" capped at 10,000), 7.1% to EB-4, and 7.1% to EB-5. The current I-140 filing fee is $715 with an optional $2,805 premium processing fee under INA section 286(u) for 15-business-day adjudication. Approved I-140s preserve the priority date, which can be ported to subsequent I-140s with the same or different employers under AC21 section 106(c). I-140 approval is a prerequisite for I-485 adjustment (unless filed concurrently when a visa number is available) or consular immigrant visa processing. The beneficiary becomes eligible for AC21 section 104(c) three-year H-1B extensions beyond the 6-year cap once an I-140 is approved in an oversubscribed category.

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