USCIS

Form I-140

Rev. 01/20/25

Immigrant Petition for Alien Workers

Filed by employers to sponsor foreign workers for U.S. permanent residence.

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Plain English

Form I-140 is the petition an employer files to sponsor a foreign worker for a Green Card through employment. It covers EB-1 (extraordinary ability, outstanding researchers, multinational managers), EB-2 (advanced degree or exceptional ability), and EB-3 (skilled workers, professionals, other workers).

Quick Facts

Who: U.S. employers sponsoring foreign workers for employment-based Green Cards (EB-1, EB-2, EB-3 categories).
What: Immigrant Petition for Alien Worker — the employer sponsorship required for employment-based permanent residence (Green Card).
When: After PERM labor certification (if required) is approved by DOL, or at any time for EB-1A (self-petition) and National Interest Waiver cases.
Where: Filed with USCIS. Once approved, the beneficiary applies for I-485 (adjustment of status) or consular processing.
Why: I-140 is the employer sponsorship step that establishes the job offer and beneficiary qualifications for employment-based immigration.
How: Employer provides company info, beneficiary details, job offer, wage offered, and evidence of beneficiary qualifications (degree, experience, extraordinary ability evidence).

Common Risks & Mistakes

  • •Not meeting the evidentiary standard for the requested category — EB-1A requires at least 3 of 10 criteria; National Interest Waiver requires detailed proof
  • •Wage below prevailing wage for EB-2/EB-3 — employer must pay at least the prevailing wage determined by DOL
  • •PERM not obtained before I-140 (when required) — EB-2 and EB-3 generally require certified PERM labor certification
  • •Priority date not current — must wait for visa bulletin date to become current before filing I-485
  • •Company financial inability to pay offered wage — IRS must verify ability to pay from time of PERM filing until Green Card approval

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Field-by-Field Guide

Part 1
Petitioner Name & EINREQUIREDtext

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

Classification RequestedREQUIREDselect

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

Part 2
Beneficiary's Full NameREQUIREDtext

Foreign worker's name exactly as on passport.

Beneficiary's Date of BirthREQUIREDdate

MM/DD/YYYY from passport.

Beneficiary's Country of BirthREQUIREDtext

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

Part 3
Job Offer DetailsREQUIREDtext

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

Wage OfferedREQUIREDamount

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

Signature
Petitioner SignatureREQUIREDsignature

Authorized employer representative signs under penalty of perjury.

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Form Stats

8
Fields
8
Required
4
Sections

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Disclaimer: We do not provide legal advice. We translate legal language into plain English and help you prepare for a conversation with a lawyer.