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Official form guide
Form I-140: Immigrant Petition for Alien Workers
USCIS Form I-140 is an Immigrant Petition for Alien Workers filed with U.S. Citizenship and Immigration Services (USCIS) to secure an employment-based immigrant visa; a reduced fee may apply if the filer qualifies.
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USCIS Form I-140 - Immigrant Petition for Alien Workers
USCIS Form I-140 is an Immigrant Petition for Alien Workers filed with U.S. Citizenship and Immigration Services (USCIS) to secure an employment-based immigrant visa; a reduced fee may apply if the filer qualifies.
Risk Radar
Scan points- 1Do not use a stamped or typewritten name in place of a signature unless explicitly allowed by instructions for the section.
- 2Submitting without proper certification from an interpreter (Part 9).
- 3Using a stamped or typewritten name instead of a signature on any required section.
- 4Failing to notify USCIS within 10 days when moving if the filer is not a U.S. citizen.
- 5Not including Form I-907 when requesting Premium Processing Service for an eligible petition.
Plain English
This form allows a U.S. employer to petition for a foreign worker who is eligible for an employment-based immigrant visa. It proves that the alien worker meets specific criteria, such as being outstanding in their field or qualifying for a National Interest Waiver (NIW). Filing this form moves the process toward granting the worker permanent residency status.
Submission Date
- Filing date: Not stated in the official source regarding a specific due date, but if an address change is required for a non-U.S. citizen, it must be notified within 10 days of moving from the previous residence.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when a U.S. employer petitions for an employment-based immigrant visa on behalf of an alien worker.
- Do not use it when filing for an employment-based petition if you are not a U.S. employer, unless the source specifies otherwise (not stated in the official source).
- Check Form I-907 instead when requesting Premium Processing Service for a pending Form I-140.
Form selector
Use this form or another form?
Need to file an application for replacement/initial nonimmigrant arrival-departure record
Needed if you cannot obtain the Form I-94 from the CBP website
✓ Check that this form is submitted with your Form I-140.
Need information on specific filing fees applicable to Form I-140
Available at www.uscis.gov/forms
✓ Verify the fee amount listed on Form G-1055 matches your submission.
Need to notify USCIS of a new address when you are not a U.S. citizen
Must be done within 10 days of moving from previous residence
✓ Confirm this notification is sent, rather than submitted to the Lockbox.
Deadline or filing window
The form itself has an OMB expiration date of 02/28/2027, as noted on Page 1. If filing to request Premium Processing Services, Form I-907 must accompany the fee with the Form I-140 submission. Not stated in the official source regarding a specific petition deadline.
Checklist
What you need before filling it out
General Requirements & General Evidence
All supporting documents listed in the Instructions sections · Instruction Booklet (Sections)
Outstanding Professor/Researcher Status
Proof of at least three years of experience and international recognition · Form I-140 Petition itself
Form I-94 Number/Date
The number and the date authorized period of stay expires or expired · CBP records / Form I-94 document
Passport/Travel Document Info
Passport or travel document details (even if expired) · Appropriate space on Form I-140
Translator Certification
Signed certification of completeness, accuracy, competence, signature, date, and contact info · Attached to translated documents
Before you submit
- 1Ensure all evidence and supporting documents listed in the General Requirements are included.
- 2If applicable, verify that the petitioner is an individual with knowledge and authority to sign if filing as a corporation/legal entity.
- 3If using a translator, confirm their certification includes signature, printed name, date, and contact information.
- 4If providing Form I-94 details, ensure you include both the number and the expiration/departure date.
- 5Verify that passport or travel document numbers are entered even if the document is currently expired.
- 6If requesting Premium Processing, confirm that Form I-907 is also filed with the petition and fee.
- 7If filing online, ensure you have a USCIS Online Account Number (OAN) matching your receipt number beginning with IOE.
How to file this form
- 1Complete all required fields on Form I-140 using the current edition.
- 2Gather and attach all necessary evidence and supporting documents as listed in the Instructions sections.
- 3Sign the petition (or have an authorized individual sign) and ensure any translator certification is included.
- 4Determine if Premium Processing is requested, and if so, include Form I-907 with the filing fee.
- 5Submit the completed package to USCIS via the appropriate location listed on www.uscis.gov/I-140
- 6Keep a copy of the entire submitted packet for your records.
Known limitations
- 1The Form I-140 does not apply to all petitioners; a U.S. employer must file it for specific categories of alien workers.
- 2A reduced fee on the associated asylum program fee may not apply if the filer does not meet the criteria for Small Employers and Non-Profits.
- 3If a petitioner has not previously filed a form with a receipt number beginning with IOE, they will not have a USCIS Online Account Number (OAN).
- 4The Form I-140 is not automatically eligible for Premium Processing; eligibility must be determined by visiting the USCIS website.
- 5If an original document is submitted when not required or requested, USCIS may destroy it after receiving it.
Field map
Compact field-by-field guide
Part 1
2 items
Sponsoring employer's legal name, EIN, and address.
EB-1A (extraordinary ability), EB-1B (outstanding researcher), EB-1C (multinational executive), EB-2, EB-3, etc.
Part 2
3 items
Foreign worker's name exactly as on passport.
MM/DD/YYYY from passport.
Country of birth (determines visa bulletin priority date queue).
Part 3
2 items
Position title, duties, minimum requirements. Must match PERM labor certification if required.
Annual salary. Must meet prevailing wage for EB-2/EB-3.
Signature
1 items
Authorized employer representative signs under penalty of perjury.
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Fillable formOpen in Editor->The current edition of Form I-140 has an instruction booklet revision date of 06/07/24, and the form itself is dated 06/11/2024; users should check www.uscis.gov/forms for the most current information.
What changed or needs a fresh check
- Edition date — confirm the form revision date reads 06/11/2024.
- Fee — check Form G-1055 for specific fee amounts applicable to this form.
- Mailing address — refer to www.uscis.gov/I-140 for the most current filing location.
- Signature — confirm the signature is handwritten ink on an original document, even if photocopied or scanned.
- Reduced Fee Qualification — verify the petitioner meets criteria such as being a small employer or non-profit (if applicable).
- Premium Processing Eligibility — review www.uscis.gov/forms/how-do-i-use-premium-processing-service to confirm eligibility.
Quick Facts
Downloads
After you file
- 1Submit legible photocopies of requested documents unless the Instructions specifically instruct submission of an original document.
- 2Keep a copy of the filed Form I-140 and associated documentation.
- 3If filing online, locate the USCIS Online Account Number (OAN) in the account profile; if mailing, find it on the Account Access Notice.
- 4If Premium Processing is requested, ensure Form I-907, Request for Premium Processing Service, is also filed concurrently with the Form I-140.
- 5If an original document was submitted and USCIS determines it no longer needs it, USCIS will return that original document to the filer.
Sources
- SRCInstructions p.1 — The purpose of Form I-140 is for a petitioner to file an employment-based immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS).
- SRCInstructions p.1 — A U.S. employer may file Form I-140 for an outstanding professor/researcher, or for an alien of extraordinary ability, or for a member of the professions seeking National Interest Waiver (NIW).
- SRCInstructions p.2 — If submitting foreign language documents, a full English translation must be submitted along with a translator's certification.
- SRCInstructions p.3 — If a numeric response is zero or none, type or print 'None' unless otherwise directed on the Form I-140.
- SRCInstructions p.8 — For Premium Processing eligibility determination, visit www.uscis.gov/forms/how-do-i-use-premium-processing-service; if requesting it, file Form I-907.
- SRCInstructions p.11 — The mailing address for the Office of Policy and Strategy is 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009 (but do not mail there).
- SRCForm p.7 — The preparer must sign Form I-140 to certify understanding of the responses and information submitted.
Common confusion points
Who can file Form I-140?
A U.S. employer must file this petition for specific categories of alien workers.
What is an OAN and how do you get it?
The OAN is a unique account number; it is obtained if the filer previously filed a form with a receipt number starting with IOE.
Do I need to submit originals or copies?
Submit legible photocopies unless the Instructions specify submitting an original, but USCIS may request an original at any time.
What happens if my petition is eligible for Premium Processing?
The filer must also file Form I-907, Request for Premium Processing Service, along with the Form I-140.
Must all submitted documents be in English?
Yes; if a document contains information in a foreign language, a full English translation must also be submitted.
What does 'None' mean on a form question?
If the answer to a numeric question is zero or none (e.g., number of children), type or print 'None' unless directed otherwise.
Workflow map
Related forms and next steps
Before
Current
After
⚠ If something goes wrong
- USCIS may deny the petition if the filer does not attend their biometric services appointment.
Questions about USCIS Form I-140
What is USCIS Form I-140 used for?
This form allows a U.S. employer to petition for a foreign worker who is eligible for an employment-based immigrant visa. It proves that the alien worker meets specific criteria, such as being outstanding in their field or qualifying for a National Interest Waiver (NIW). Filing this form moves the process toward granting the worker permanent residency status.
Who must file USCIS Form I-140?
A U.S. employer must file USCIS Form I-140 for an outstanding professor/researcher, an alien of extraordinary ability, or a member of the professions seeking a National Interest Waiver (NIW).
What information does USCIS Form I-140 require?
The form collects details about the petition in various parts; specifically, Part 9 is used for Interpreter’s Contact Information and Certification, while Part 10 covers the Contact Information, Certification, and Signature of the Person Preparing this Petition.
Where do I file USCIS Form I-140?
Filing locations are determined by visiting www.uscis.gov/I-140 for current information; Premium Processing requests should also include Form I-907.
How do I complete USCIS Form I-140?
The filer must ensure a stamped or typewritten name is present instead of a signature if one cannot be provided. If someone other than the petitioner signs, they must complete Part 10; if that same person was the interpreter, they should complete both Part 9 and Part 10.
What happens if USCIS Form I-140 is filed incorrectly?
If an interpreter is used, failure to have them sign the certification in Part 9 means the translation may not be recognized as complete and accurate by USCIS.
Who can file Form I-140?
A U.S. employer must file this petition for specific categories of alien workers.
What is an OAN and how do you get it?
The OAN is a unique account number; it is obtained if the filer previously filed a form with a receipt number starting with IOE.
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