Form I-140 is the employment-based immigrant petition filed by a U.S. employer (or self-petitioned in EB-1A, EB-2 NIW, EB-5) to classify a foreign worker for permanent residency.
Quick Reference
Filing fee: $715 · Processing time: 6-12 months (15 days w/ Premium) · USCIS link: uscis.gov/i-140
Who files I-140 in each category
| Category | Petitioner | Self-Petition? |
|---|---|---|
| EB-1A Extraordinary Ability | Beneficiary | Yes |
| EB-1B Outstanding Researcher | U.S. Employer | No |
| EB-1C Multinational Executive | U.S. Employer | No |
| EB-2 Standard | U.S. Employer | No |
| EB-2 NIW | Beneficiary | Yes |
| EB-3 (all subtypes) | U.S. Employer | No |
Premium Processing
I-140 is eligible for Premium Processing across all categories. Fee: $2,805. Guaranteed adjudication in 15 calendar days.
Premium Processing strongly recommended for:
- EB-1A and EB-2 NIW self-petitions (faster clarity on outcome)
- Cases with H-1B extension dependencies
- Backlogged country cases where priority date matters
- Situations requiring portability under AC21
Priority date establishment
Your priority date is established when:
- EB-2 / EB-3 (with PERM): Date PERM was filed with DOL
- EB-1, EB-2 NIW (no PERM): Date I-140 was received by USCIS
- EB-5: Date I-526E was received by USCIS
Priority dates are portable to certain extent — an approved EB-2 I-140 can be used to maintain priority date even if you change employers (with valid AC21 portability) or downgrade to EB-3.
Required documentation by category
EB-1A — Extraordinary Ability
- Evidence satisfying 3 of 10 regulatory criteria (or one-time achievement)
- 6-10 strong recommendation letters
- Detailed petition letter with legal arguments
- Complete biographical evidence (CV, publications, citations)
EB-2 NIW
- Evidence of advanced degree or exceptional ability
- Detailed proposed endeavor description
- Evidence of substantial merit and national importance
- Evidence applicant is well-positioned to advance the endeavor
- Argument for why labor certification waiver benefits U.S.
EB-2/EB-3 with PERM
- Original PERM approval (ETA-9089)
- Job offer letter from sponsoring employer
- Beneficiary's qualifications matching PERM (degrees, experience)
- Employer's ability to pay the offered wage (audited financials, tax returns, etc.)
Common RFE issues
- EB-1A criterion sufficiency: USCIS questions whether evidence under specific criteria meets the standard
- EB-1A final merits: Even with 3 criteria met, USCIS doubts "top of field" standard
- EB-2 NIW national importance: Endeavor described too narrowly or locally
- EB-2 NIW well-positioned: Track record questioned
- EB-2 advanced degree equivalency: Foreign degrees + experience equivalency questioned
- Ability to pay (employer cases): Documentation insufficient
- Recommendation letter authenticity: Letters too generic or all from collaborators
After I-140 approval — what happens next
If priority date is current
- File I-485 (in U.S.) or DS-260 (abroad) for adjustment/consular processing
- If concurrent filing was used, I-485 was already pending
If priority date is backlogged
- Wait for priority date to become current
- Approved I-140 unlocks H-1B extensions beyond the 6-year limit (per AC21)
- Maintain underlying nonimmigrant status during the wait
- I-140 is portable — change employers after 180 days I-485 pendency under AC21
I-140 revocation risks
- Employer can revoke I-140 within 180 days of approval
- After 180 days, revocation does NOT eliminate priority date if I-485 is pending
- Misrepresentation findings can lead to revocation at any time