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Employment-Based Green Card Petition: Immigrant Petition for Alien Workers

Quick answer: Form I-140 asks USCIS to classify a foreign worker for an employment-based immigrant visa, the first step toward a green card through work. It covers EB-1, EB-2, and EB-3 categories. Approval does not by itself give permanent residence or work permission. The current version is Edition 06/07/24. Checked against the official U.S. Citizenship and Immigration Services website on 2026-10-25.

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Form I-140 in short

Form I-140 asks USCIS to classify a foreign worker for an employment-based immigrant visa, the first step toward a green card through work. It covers EB-1, EB-2, and EB-3 categories. Approval does not by itself give permanent residence or work permission.

Issued byU.S. Citizenship and Immigration Services (USCIS)
Current versionEdition 06/07/24 (checked 2026-10-25)
Who fills it inUsually a U.S. employer offering a permanent job. A worker may self-petition for extraordinary ability (EB-1A) or a National Interest Waiver (EB-2 NIW).
Who receives itUSCIS. After approval, the worker applies for a green card through Form I-485 in the United States or an immigrant visa abroad.
Where to send itOnline or by mail. The mailing address depends on whether you file I-140 alone or with another form such as I-485; see the Direct Filing Addresses for Form I-140 page. If you request premium processing with Form I-907 at the same time, USCIS says to file by mail.
DeadlineNo general deadline. If the petition is based on a labor certification, USCIS must receive it within 180 days of the certification date, or the next business day if the last day falls on a weekend or holiday.
Fee$715 paper or $665 online, plus an Asylum Program Fee of $600 for regular petitioners, $300 for small employers and self-petitioners, and $0 for nonprofits (Form G-1055 Fee Schedule, edition 10/16/26, checked 2026-10-25). Premium processing with Form I-907 is a separate fee.
Official linksOfficial page · Official PDF · Official instructions

How to fill out Form I-140, line by line

Part 1Person or organization filing
Employer or self-petitioner name, mailing address, and IRS EIN or SSN. Items 5 and 6 ask about nonprofit research status and employee count; they decide the reduced Asylum Program Fee.
Part 2Petition type
Choose one category, for example 1.a extraordinary ability, 1.d advanced degree with labor certification, 1.f skilled worker, or 1.h National Interest Waiver. Item 2 is for an amended petition.
Part 3Person you are filing for
The worker's name, date of birth, birth country, citizenship, and, if in the United States, I-94 and status details.
Part 4Processing information
Whether the worker will adjust status or use a U.S. consulate, and Item 10 if you want USCIS to request a duplicate labor certification from the Department of Labor.
Part 5Additional information about the petitioner
Type of petitioner (employer, self, or other), type of business, date established, U.S. employee count, gross and net income, NAICS code, and labor certification case number and dates.
Part 6Proposed employment
Job title, SOC code, duties, whether the job is full time and permanent, wages, and work address.
Part 7Spouse and children
List the worker's spouse and all children. The plan to adjust status or seek a visa abroad is not binding.
Part 8Petitioner signature
For a company, an officer or employee with knowledge of the facts and authority to sign must sign.

Common mistakes to avoid

  • Leaving out the EIN or SSN in Part 1 for a job-offer category. USCIS rejects the petition.
  • Not answering Questions 5 and 6 in Part 1. USCIS lists them as fields that cause rejection.
  • Filing after the 180-day labor certification validity period has ended.
  • Sending a copy instead of the original labor certification, without asking USCIS to get a duplicate.
  • Not showing the employer's ability to pay the offered wage from the priority date onward.
  • Combining I-140 and I-485 supporting documents in one stack. USCIS asks for separate packages.
  • Filing I-140 with I-907 online. USCIS says that combination must be mailed.
  • Not signing the form, or using a typed, stamped, or pasted image signature. USCIS rejects improperly signed forms.

Questions about Form I-140

Can I file Form I-140 for myself?

Yes, but only for EB-1A extraordinary ability or an EB-2 National Interest Waiver. Other categories need a U.S. employer.

Does an approved I-140 give me a green card?

No. USCIS says approval is the first step. The worker still applies through Form I-485 or an immigrant visa abroad.

How much is the I-140 fee?

$715 on paper or $665 online, plus an Asylum Program Fee of $0, $300, or $600 depending on the petitioner.

Can I file I-140 and I-485 together?

Yes, when a visa is available. Keep each form's supporting documents separate.

Is premium processing available?

For certain classifications, using Form I-907 and a separate fee.

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Sources

Checked against the official sources on 2026-10-25. PDF Editor Hub is not affiliated with the U.S. Citizenship and Immigration Services or any government agency. This page is general information, not legal or tax advice.

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