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USUSCISRev. 01/20/25

Official form guide

Form I-140: Immigrant Petition for Alien Workers

Form I-140, Immigrant Petition for Alien Workers, is used by U.S. employers (or certain individuals) to request a green‑card category for a foreign worker. It is filed with USCIS after the labor certification (if required) is approved or when an exemption applies.

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Form Overview

USCIS Form I-140 - Immigrant Petition for Alien Workers

Form I-140, Immigrant Petition for Alien Workers, is used by U.S. employers (or certain individuals) to request a green‑card category for a foreign worker. It is filed with USCIS after the labor certification (if required) is approved or when an exemption applies.

It captures employer information, job details, the worker’s qualifications, the immigration category, and any prior approvals.

Risk Radar

Scan points
  • 1A single typo in the beneficiary’s name can invalidate the entire petition.
  • 2Incorrect category selection
  • 3Mismatched names or dates between forms
  • 4Missing labor certification copy
  • 5Fee paid with wrong amount or method

Plain English

If a U.S. company wants to sponsor a non‑U.S. employee for permanent residence, it sends this petition to prove the job and the worker qualify. The form tells USCIS why the worker should get a green card and includes supporting evidence.

Submission Date

  • Filing date: File after the Department of Labor issues a certified labor certification (PERM) or when filing under a category that does not require one, such as EB‑1A or NIW.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

permanentexemptionpetitionincludesforeignlabor

Hover a term to preview the meaning.

What this form is for

  • Use when an employer or eligible individual wants to sponsor a worker for an employment‑based green card.
  • Do not use for family‑based petitions (Form I‑130).
  • If the worker is already in the U.S. and you need to adjust status, also file Form I‑485 after I‑140 approval.

Form selector

Use this form or another form?

Extraordinary ability individual

No employer needed

✓ Verify evidence of published work

Form I-140 (EB‑1A)

National Interest Waiver

Self‑petition allowed

✓ Confirm no labor certification required

Form I-140 (EB‑2 NIW)

Schedule A occupational listing

Pre‑approved occupation

✓ Ensure Schedule A approval is attached

Form I-140 (EB‑2/EB‑3)

Deadline or filing window

The labor certification (PERM) is valid for 180 days after approval; the I‑140 must be filed within that window or the certification expires. For categories without a labor certification, no statutory deadline exists, but filing promptly avoids unnecessary delays.

  • —Number of dependents | Multiply by $750 | Total fee | Verify fee table for updates

Checklist

What you need before filling it out

1

Job offer letter

Signed offer with wage details · Employer HR file

⚠ Missing wage level✕ High
2

Labor certification (if required)

Certified ETA Form 9089 · DOL portal

⚠ Incorrect case number✕ High
3

Beneficiary education credentials

Degree diplomas and transcripts · Applicant records

⚠ Untranslated foreign documents✕ Medium
4

Proof of extraordinary ability

Publications, citations, awards · Applicant CV

⚠ Insufficient citation count✕ High
5

Employer financial statements

Annual reports, tax returns · Company accounting

⚠ Out‑of‑date fiscal year✕ Medium

Before you submit

  1. 1Confirm correct filing category (EB‑1, EB‑2, EB‑3, NIW, etc.).
  2. 2Verify all names, dates, and addresses match supporting documents.
  3. 3Attach a clean, legible copy of the certified labor certification if required.
  4. 4Include the exact filing fee in the form of a money order or check payable to "U.S. Department of Homeland Security".
  5. 5Sign and date every required signature block.
  6. 6Attach a completed G‑28 (if represented by an attorney).
  7. 7Label each attachment with the corresponding form section.
  8. 8Make two copies of the entire packet for your records.
  9. 9Use the current USCIS lockbox address for the selected category.
  10. 10If filing electronically, upload all PDFs in the correct order.
  11. 11Check the receipt notice (Form I‑797C) after mailing/upload.
  12. 12Record the receipt number and filing date in a tracking sheet.

How to file this form

  1. 1Select the appropriate employment‑based preference category.
  2. 2Gather all required evidence and the approved labor certification (if applicable).
  3. 3Complete Form I‑140 online or on paper, following the instructions line‑by‑line.
  4. 4Pay the filing fee via the method accepted for your submission type.
  5. 5Package the form, fee, and evidence with a cover sheet that lists each attachment.
  6. 6Mail the package to the correct USCIS lockbox or submit through ELIS.
  7. 7Save the mailing receipt and track the package delivery confirmation.
  8. 8Log the receipt number from the I‑797C notice for future status checks.

Known limitations

  1. 1USCIS does not publish a detailed validation checklist for I‑140; guidance is based on instructions and practice.
  2. 2Processing times are estimates and can vary by service center.
  3. 3Fee amounts may change quarterly; always verify the current fee schedule.
  4. 4Electronic filing is only available for certain categories and service centers.
  5. 5The form does not capture post‑approval steps such as adjustment of status.

Field map

Compact field-by-field guide

8 fields

Part 1

2 items

Petitioner Name & EIN

Sponsoring employer's legal name, EIN, and address.

Requiredtext
Classification Requested

EB-1A (extraordinary ability), EB-1B (outstanding researcher), EB-1C (multinational executive), EB-2, EB-3, etc.

Requiredselect

Part 2

3 items

Beneficiary's Full Name

Foreign worker's name exactly as on passport.

Requiredtext
Beneficiary's Date of Birth

MM/DD/YYYY from passport.

Requireddate
Beneficiary's Country of Birth

Country of birth (determines visa bulletin priority date queue).

Requiredtext

Part 3

2 items

Job Offer Details

Position title, duties, minimum requirements. Must match PERM labor certification if required.

Requiredtext
Wage Offered

Annual salary. Must meet prevailing wage for EB-2/EB-3.

Requiredamount

Signature

1 items

Petitioner Signature

Authorized employer representative signs under penalty of perjury.

Requiredsignature

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Current form status
USCISRev. 01/20/25

USCIS updates I‑140 processing times on its website; check the online case status after receipt is issued. Processing may range from 6 months to over a year depending on service center and category.

What changed or needs a fresh check

  • Edition date: verify you have the most recent I‑140 edition (check USCIS website).
  • Fee: current filing fee (check fee schedule before payment).
  • Mailing address: use the lockbox address for the selected filing category.
  • Signature block: include original signatures; electronic signatures only if filing via ELIS.
  • Form version number: ensure the top‑right box matches the latest edition.

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Form I-140 page 2

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Quick Facts

Typically the U.S. employer files it, but some categories allow the worker to self‑petition.
It captures employer information, job details, the worker’s qualifications, the immigration category, and any prior approvals.
File after the Department of Labor issues a certified labor certification (PERM) or when filing under a category that does not require one, such as EB‑1A or NIW.
Submit the completed form, filing fee, and supporting documents to the USCIS Lockbox address listed in the current I‑140 instructions, either by mail or online through USCIS ELIS where available.
Errors can trigger a Request for Evidence, delay approval, or cause a denial that wastes filing fees and time.
1. Verify the correct employment‑based category (EB‑1, EB‑2, EB‑3, etc.). 2. Gather labor certification, education transcripts, and proof of extraordinary ability if applicable. 3. Complete the form online or on paper, double‑check all entries for consistency. 4. Pay the filing fee and attach the required evidence. 5. Mail or upload the package to the correct USCIS address and keep the receipt.

Downloads

Blank Form I-140↗Instructions↗

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After you file

  1. 1Save the I‑797C receipt notice and record the receipt number.
  2. 2Set a calendar reminder to check case status after 30 days.
  3. 3Monitor USCIS email or account for any Request for Evidence (RFE).
  4. 4If an RFE is received, gather the requested documents and respond within the deadline.
  5. 5Keep copies of all submitted evidence for future adjustment of status filing.
  6. 6Notify the employee/beneficiary of the receipt number and expected timeline.
  7. 7If the petition is approved, download the approval notice for the I‑485 packet.

Sources

  • SRCUSCIS Form I-140 Instructionssection on filing categories
  • SRCUSCIS Fee Schedulecurrent I-140 filing fee
  • SRCDepartment of Labor ETA Form 9089labor certification requirement
  • SRCUSCIS Lockbox Addressesmailing locations by category
  • SRCUSCIS Processing Times webpageI-140 status updates
  • SRCUSCIS ELIS filing guidelineselectronic submission rules
  • SRCForm I-797C receipt noticeproof of filing
  • SRCUSCIS I-290B instructionsappeal process

Common confusion points

Category selection

Overlap between EB‑1A and EB‑2 NIW

→ Review eligibility criteria before choosing

Labor certification requirement

Some EB‑2/EB‑3 jobs are Schedule A

→ Verify Schedule A approval exists

Fee amount

Fee changes each fiscal year

→ Check USCIS fee table on filing day

Signature method

Paper vs. ELIS signatures

→ Use original signature for paper, electronic for ELIS

Beneficiary name format

Different spellings on passport vs. labor certification

→ Use exact spelling from passport

Duplicate filing

Filing both I‑140 and I‑485 simultaneously without proper eligibility

→ Confirm ability to file concurrently

Workflow map

Related forms and next steps

4 signals

Before

Form ETA 9089 (Labor Certification) if required

Current

I-140

After

Form I-765 (Employment Authorization) and Form I-131 (Travel Document) once I-140 is approved

Often used with

Form I-485 (Adjustment of Status) after I-140 approval

⚠ If something goes wrong

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Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
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