Form I-140, known as Immigrant Petition for Alien Worker, is a form submitted by a potential employer to the United States Citizenship and Immigration Service (USCIS) to sponsor foreign nationals to work in the US based on the Green Card process. Your employer can file a Form I-140 on your behalf after your PERM Labor Certificate is approved. Generally, it takes 3 months for the I-140 process to be completed.
I-140 process
The US-based employer can initiate the I-140 process to hire extraordinary alien workers, or when US citizens are not interested or qualified to do a particular job in the US. The petition is required for EB visa categories – EB-1, EB-2, EB-3. The employer is called the petitioner, and the foreign employee is called the beneficiary. I-140 Form is one of the USCIS immigration forms.
Moreover, the employer needs to prove the strong financial position to pay the salary published in advertisement.
Documents required for I-140 process
The employer needs to submit financial statement and corporate income tax documents to file the petition. Here are other documents for I-140 form:
- Filled Form I–140
- Approved labor certificate (PERM)
- Check or money order of I-140 fee payable to the concerned USCIS regional service center
- Employee’s education and work experience
Note: Family members of the sponsored applicants don’t need to submit documents
At the time of Form I-140 employment-based petition with USCIS Service Center, the petitioner must state whether the foreign worker will apply for consular processing at an American Consulate overseas for an immigrant visa or will apply for adjustment of status (AOS).
I-140 filing fee
The I-140 filing fee is $700, and must be payable in the USD to the Department of Homeland Security. You can use the fee calculator to determine the exact petition filing fees. Select the I-140 (I-140, Immigrant Petition for Alien Workers) and click the ‘Submit’ button.
If you choose premium processing service, you will have to pay an additional I-140 premium processing fee of $2,500.
The fee for filing Form I-140 doesn’t include:
- The fee for Form I-485 (filed separately by the beneficiary) for beneficiaries who are already in the US.
- Immigrant visa application processing fees if the beneficiary is not in the United States.
- USCIS immigrant fee of USD220 in case the beneficiary is not in the United States.
Apart from the I-140 filing fee, you can see the complete details of Green Card fees for applicants living in the United States and abroad.
I-140 Approval Notice
Once your petition is submitted to the USCIS Service Center, a file number will be assigned to your case and the USCIS will issue a receipt notice. If the USCIS approves your petition, you will receive an I-140 Approval Notice. This indicates that your I-140 has been approved and you can move on with your next in your Green Card process.
I-140 processing time
The time taken by the USCIS to approve the Form I-140 depends entirely on the petitions and backlog at the particular service center where you submitted your petition. The Immigrant Petition for Alien Worker is processed on a first-come, first-served basis. While the I-140 processing time may vary from case to case, generally approval notice is issued in more than 3 months.
If you choose I-140 premium processing service, the USCIS guarantees to process the petition within 15 calendar days, or it will refund the fee.
Impact of I-140 on your immigration status
Many people ask, does approval of I-140 change their immigration status? The answer is no, an approved I-140 petition doesn’t change your immigration status. Your status will remain the same as before the petition was filed.
Benefits of getting Immigrant Petition for Alien Worker approved
- Form I-140 petition allows an extension of 1 year at the time of H1B visa status for people with long-pending Form I-140 Petition.
- It also allows foreigners with Form I-485 petitions, which is pending for more than 180 days, to switch jobs.
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FAQs
Denial of a Form I-140 petition may terminate an alien worker’s H-1B status (nonimmigrant status).
Yes, Form I-140 may be filed concurrently with Form I-485 for adjustment of status (AOS). You need to submit the Receipt Notice of the pending form I-140 with the I-485 application.
Yes, if I-140 is concurrently filed with I-485, the petition will be adjusted simultaneously. However, if the I-140 is denied, I-485 will also be declined.
The petition is processed on a first-come, first-served basis, by the USCIS. While the I-140 processing time may vary from case to case and depends on the backlog at the particular service center where you submit the petition, generally approval notice is issued in more than 3 months.
