Form I-140 Complete Guide: Eligibility, Process, and Common Mistakes to Avoid

Learn everything you need to know about Form I-140, including eligibility requirements, filing process, fees, common mistakes, and how to avoid delays.

By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. visas and green cards. She is passionate about helping people navigate their immigration journey with clarity and confidence.

Reviewer:

Nicole Gunara

Nicole Gunara is a Principal Immigration Lawyer at Manifest Law, PLLC. Nicole is a creative, solutions-oriented attorney with >7 years of experience and over 2,000 successful prior cases.

7 min read • April 03, 2025

Key takeaways

Form I-140 is a form used by U.S. employers to sponsor a foreign worker or individuals who qualify to self petition themselves for a Green Card.

Most applicants require a U.S. employer to file on their behalf, but self-petitioning is allowed in specific categories like EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver).

Spouses and unmarried children under 21 can be added to the Form I-140 to also receive Green Cards when the principal applicant’s petition is approved.

For an extra fee, USCIS will process the Form I-140 within 15 business days, helpful for urgent job offers or time-sensitive cases.

If you're looking to secure a U.S. green card through employment, the Form I-140 is a crucial step in the process. This petition applies to several visa categories, including EB-1 for extraordinary talent, EB-2 for advanced-degree professionals, and EB-3 for skilled and unskilled workers. Typically filed by an employer, and, in certain circumstances, a self petition, this form helps establish your eligibility for permanent residency.

In this guide, we’ll provide a general overview of the process involving theForm I-140, examples of typically required supporting documents, the filing procedures related to the I-140 form, and what happens when your petition is approved or denied.

What is Form I-140?

Form I-140, also called the “Immigrant Petition for Alien Worker”, is a form used by U.S. employers to sponsor a foreign worker or individuals who qualify to self petition themselves for permanent residency (Green Card). The I-140 form is used to prove that you’re qualified for a permanent job in the U.S. under a specific employment-based (“EB”) visa category.

Once USCIS approves the I-140 form, it shows you meet the eligibility requirements for a Green Card through for the relevant employment-based category, which is the first step before you can officially apply to become a permanent resident.

Form I-140 is used in various employment-based immigration categories, including EB-1, EB-2, and EB-3, each for different types of workers based on their qualifications, such as extraordinary abilities, national interest waivers, advanced degrees, or skilled workers.

I-140 form PDF

To download the I-140 Form PDF directly, you can go to the USCIS website. We recommend checking the edition date of the form to ensure that it is the most up to date version required by USCIS. Should you need more clarification or you are unsure if your form is accurate, we recommend scheduling a consultation with an immigration attorney.

Download form

Who can file Form I-140?

For most people, your employer and their immigration counsel will be the one to file Form I-140 on your behalf. However, there are certain situations where an individual can self-petition/file the application for themselves. We do note that we strongly recommend using an immigration attorney due to the complex and comprehensive nature of the Form I-140 application.

The visa categories that can apply through Form I-140 include:

EB-1 visa: This category is a first preference category that is typically reserved for people who have extraordinary abilities in fields like science, arts, business, or athletics, multinational executives, or outstanding researchers and professors for relevant institutions.. You can file this form with or without employer sponsorship depending on the subcategory.
EB-2 visa: This is for professionals who have advanced degrees, like a master’s or higher, or people who have exceptional abilities in their field. If you’re applying through an employer, they’ll typically file on your behalf. However, in some cases, you can also self-petition if you can demonstrate that your skills are of national importance (this is known as a National Interest Waiver).
EB-3 visa: This is for skilled workers with at least two years of specialized work experience, professionals with a U.S. bachelor’s degree or its equivalent, and other workers performing unskilled labor. For most people in this category, an employer will file the I-140 form.

The visa categories that can apply through Form I-140 include:

EB-1 visa: This category is a first preference category that is typically reserved for people who have extraordinary abilities in fields like science, arts, business, or athletics, multinational executives, or outstanding researchers and professors for relevant institutions.. You can file this form with or without employer sponsorship depending on the subcategory.
EB-2 visa: This is for professionals who have advanced degrees, like a master’s or higher, or people who have exceptional abilities in their field. If you’re applying through an employer, they’ll typically file on your behalf. However, in some cases, you can also self-petition if you can demonstrate that your skills are of national importance (this is known as a National Interest Waiver).
EB-3 visa: This is for skilled workers with at least two years of specialized work experience, professionals with a U.S. bachelor’s degree or its equivalent, and other workers performing unskilled labor. For most people in this category, an employer will file the I-140 form.

Form I-140 - Filing Fees in 2025

When filing Form I-140 in 2025, there are two main fees to keep in mind: the base filing fee and the Asylum Program Fee. Please note that the below fees are published as of 4/2/2025 and are subject to change at any time. Please be sure to check with immigration counsel and the online USCIS filing fee chart for the most up to date and accurate information.

Base Filing Fee:

The base filing fee for Form I-140 is $715. This fee is standard and applies to all petitioners, regardless of the specific employment or immigration category they are applying under.

Asylum Program Fee:

The Asylum Program Fee was introduced in January 2024 to help fund asylum processing in the U.S. Most employers and individuals will need to pay this fee in addition to the base filing fee.

Here’s a summary of the fees you can expect, based on the type of petitioner:

Base Filing Fee:

The base filing fee for Form I-140 is $715. This fee is standard and applies to all petitioners, regardless of the specific employment or immigration category they are applying under.

Asylum Program Fee:

The Asylum Program Fee was introduced in January 2024 to help fund asylum processing in the U.S. Most employers and individuals will need to pay this fee in addition to the base filing fee.

Here’s a summary of the fees you can expect, based on the type of petitioner:

General Filing Fee

Asylum Program Fee

If filing as a Regular Petitioner

If filing as a Nonprofit

If filing as a Small Employer or self-petitioner

$715

$600

$300

It’s important to note that the Form I-140 filing fee must be paid when submitting the petition, and your employer is usually the one responsible for covering this cost. However, in some cases, employees may be asked to pay the fee, depending on the agreement with their employer.

Be sure to check the most recent fee structure on the USCIS website before submitting your petition as fees are subject to change.

Supporting Documentation for the Form I-140

When filing Form I-140, you will need to include specific supporting documents to prove your eligibility for the Green Card under the employment-based category you are applying for. Such documents depend heavily on the type of I-140 you are filing for.

However, here’s a breakdown of the commonly required documents depending on the type of petition:

1. Proof of Job Offer

Most employment-based Green Card applications require a job offer from a U.S. employer. You will need to submit:

A letter from your prospective or current (if the petitioner) employer: This letter should include the details of the job offer, such as your job title, duties, salary, and the terms of employment.

2. Evidence of Qualifications

To support your eligibility, you’ll need to submit documents that demonstrate your qualifications, including education, work experience, and specialized skills. The specific documents depend on the employment category you are filing for.

Educational Documents: For most employment-based categories, you will need to provide official transcripts, diplomas, or other records that confirm your education.
Work Experience: This could include letters from previous employers confirming your past work experience. You may also need to provide pay stubs, tax returns, or other supporting documents to serve as proof of past employment.
Professional Recognition: If you're applying in categories that require proof of extraordinary ability or exceptional skills such as the EB-1 or EB-2, you’ll need to submit evidence like awards, publications, membership in professional associations, or any other national/international recognition.

3. Labor Certification (if applicable)

For the EB-2 and EB-3 visa categories, your employer will first need to obtain a Labor Certification (also known as “PERM”) from the U.S. Department of Labor before filing Form I-140. The Labor Certification proves there are no qualified U.S. workers available for the job you are being offered.

4. Proof of Ability to Pay

For PERM EB-2 / EB-3 cases, your employer will need to show that they can pay the salary specified on your job offer. Forms of evidence can include…

Tax returns, such as the IRS Form 1040
Audited financial statements from the employer showing their ability to meet your salary requirements
If a current employee, most recent W-2 statements and paystubs.
If the company has over 100 employees, a certified letter from an authorized signatory for the company confirming the company has over 100 employees and the ability to pay.

5. Copy of Your Passport

Along with Form I-140, make sure to Include a copy of the page of your passport that shows your personal information, including your name, nationality, and date of birth.

6. Additional Documents for Self-Petitioning

For the EB-1A or EB-2 National Interest Waiver categories, you may be able to file Form I-140 without employer sponsorship. If you self-petition, you'll need to provide additional evidence such as:

Reference letters from recognized experts in your field
Evidence of published articles or media coverage
Proof of past contributions in your field of expertise that demonstrate significant achievement

However, here’s a breakdown of the commonly required documents depending on the type of petition:

1. Proof of Job Offer

Most employment-based Green Card applications require a job offer from a U.S. employer. You will need to submit:

A letter from your prospective or current (if the petitioner) employer: This letter should include the details of the job offer, such as your job title, duties, salary, and the terms of employment.

2. Evidence of Qualifications

Educational Documents: For most employment-based categories, you will need to provide official transcripts, diplomas, or other records that confirm your education.
Work Experience: This could include letters from previous employers confirming your past work experience. You may also need to provide pay stubs, tax returns, or other supporting documents to serve as proof of past employment.
Professional Recognition: If you're applying in categories that require proof of extraordinary ability or exceptional skills such as the EB-1 or EB-2, you’ll need to submit evidence like awards, publications, membership in professional associations, or any other national/international recognition.

3. Labor Certification (if applicable)

4. Proof of Ability to Pay

For PERM EB-2 / EB-3 cases, your employer will need to show that they can pay the salary specified on your job offer. Forms of evidence can include…

Tax returns, such as the IRS Form 1040
Audited financial statements from the employer showing their ability to meet your salary requirements
If a current employee, most recent W-2 statements and paystubs.
If the company has over 100 employees, a certified letter from an authorized signatory for the company confirming the company has over 100 employees and the ability to pay.

5. Copy of Your Passport

Along with Form I-140, make sure to Include a copy of the page of your passport that shows your personal information, including your name, nationality, and date of birth.

6. Additional Documents for Self-Petitioning

For the EB-1A or EB-2 National Interest Waiver categories, you may be able to file Form I-140 without employer sponsorship. If you self-petition, you'll need to provide additional evidence such as:

Reference letters from recognized experts in your field
Evidence of published articles or media coverage
Proof of past contributions in your field of expertise that demonstrate significant achievement

Including Family Members in the I-140 Petition

When filing Form I-140, you can include your spouse and unmarried children under 21 years old as part of your petition. Including them allows them to adjust their status to permanent residents along with you.

If your family members are outside the U.S., they will need to go through consular processing to obtain their immigrant visas. Be sure to check the specific eligibility criteria for each family member, as it can depend on the type of green card petition and other factors.

How to File the Form I-140

Here's a simple breakdown of the steps involved in filing the I-140 form:

Step 1: Prepare the Form I-140

Your employer or immigration lawyer will help you complete Form I-140. They generally would request from you your biographic information to help fill out the information. While not recommended, those who file on their own without legal assistance can use the instructions provided by USCIS on their online pages.

Step 2: Gather your supporting documents

As mentioned above, you will need to provide supporting documents that prove your eligibility. These include your job offer, educational qualifications, work experience, and any other required documents specific to your category.

Step 3: Submit the petition

Once everything is ready, your employer will submit the completed Form I-140 and the supporting documentation to USCIS. Your employer will also need to submit the filing fee for Form I-140.

Step 4: Receive a receipt notice

Once USCIS receives the form, they will send a receipt notice confirming they have your petition. You can use this notice to track the status of your application online.

Step 1: Prepare the Form I-140

Step 2: Gather your supporting documents

Step 3: Submit the petition

Once everything is ready, your employer will submit the completed Form I-140 and the supporting documentation to USCIS. Your employer will also need to submit the filing fee for Form I-140.

Step 4: Receive a receipt notice

Once USCIS receives the form, they will send a receipt notice confirming they have your petition. You can use this notice to track the status of your application online.

I-140 Form Filing Address

When filing Form I-140, it's important to send your petition to the correct USCIS address. The filing address varies depending on the beneficiary’s location and whether you are submitting your petition with a fee waiver.

Check our blog post on where to file Form I-140, or check the USCIS website for more information.

Common Mistakes to Avoid When Filling the Form I-140

When filing Form I-140, avoiding common mistakes is crucial to ensuring your petition is processed smoothly. Here are some common pitfalls and tips to help prevent delays or denials:

Complete all sections: Don’t skip important questions as listed in USCIS’ instructions form, which can cause issues if left incomplete.
Pay the correct fees: Double-check you’re using the correct fee structure and ensure all payments are consistent.
Double-check your information: Before submitting, review every detail for accuracy—small mistakes can lead to big delays.

If you receive a Request for Evidence (RFE), act quickly and provide the requested documents in full. Any missing or incomplete information can delay your petition. Consult an immigration lawyer at Manifest Law to help you craft a thorough and timely response to the RFE.

When filing Form I-140, avoiding common mistakes is crucial to ensuring your petition is processed smoothly. Here are some common pitfalls and tips to help prevent delays or denials:

Complete all sections: Don’t skip important questions as listed in USCIS’ instructions form, which can cause issues if left incomplete.
Pay the correct fees: Double-check you’re using the correct fee structure and ensure all payments are consistent.
Double-check your information: Before submitting, review every detail for accuracy—small mistakes can lead to big delays.

Form I-140 Processing Time 2025

In 2025, the processing time for Form I-140 can take anywhere from 6 months to over a year. The exact timelines depend on factors like the USCIS service center handling your case, your specific visa category, and the complexity of your case. Some cases can also qualify for premium processing which can accelerate the processing time.

Premium Processing speeds up the processing of your Form I-140. For an additional fee, USCIS will process your petition within 15 business days. You may want to opt for Premium Processing if you need a faster response, such as if you’re nearing a job offer deadline.

What happens after the I-140 form is approved?

Once Form I-140 is approved, there are several important next steps to keep in mind:

Step 1: Receive your priority date

Once your Form I-140 is approved, your priority date is set. The priority date is the date USCIS officially receives your I-140 petition and essentially marks your place in line for a Green Card.

The priority date determines when you can move forward in the process based on the USCIS Visa Bulletin. The Visa Bulletin shows the dates when visas are available in different employment-based categories.

You can check the latest Visa Bulletin here on the Manifest Law website, which is updated every month.

Step 2: Adjustment of Status or Consular Processing

Once your priority date becomes current, you’ll need to follow one of the following processes depending on where you are located.

If you’re already in the U.S., you can apply for Adjustment of Status by filing Form I-485. This allows you to change your status without having to leave the country.
If you’re outside the U.S., you will need to go through Consular Processing. This involves attending an interview at a U.S. consulate or embassy in your home country. Once you’re issued an immigrant visa, you can then travel to the U.S.

Step 3: Receive your Green Card

After you’ve completed either Adjustment of Status or Consular Processing, and your priority date is current, you’ll soon receive your Green Card (by mail).

Once Form I-140 is approved, there are several important next steps to keep in mind:

Step 1: Receive your priority date

Once your Form I-140 is approved, your priority date is set. The priority date is the date USCIS officially receives your I-140 petition and essentially marks your place in line for a Green Card.

You can check the latest Visa Bulletin here on the Manifest Law website, which is updated every month.

Step 2: Adjustment of Status or Consular Processing

Once your priority date becomes current, you’ll need to follow one of the following processes depending on where you are located.

If you’re already in the U.S., you can apply for Adjustment of Status by filing Form I-485. This allows you to change your status without having to leave the country.
If you’re outside the U.S., you will need to go through Consular Processing. This involves attending an interview at a U.S. consulate or embassy in your home country. Once you’re issued an immigrant visa, you can then travel to the U.S.

Step 3: Receive your Green Card

After you’ve completed either Adjustment of Status or Consular Processing, and your priority date is current, you’ll soon receive your Green Card (by mail).

What happens if the Form I-140 is denied?

If your Form I-140 is denied, it can be a significant setback, but it's important to understand your options and the reasons for denial. Common reasons for denial include:

Insufficient evidence of qualifications
Failure to meet eligibility criteria
Errors in completing the application

If your petition is denied, you have a few options, such as filing an appeal or reapplying. You typically have 30 days from the date of denial to file an appeal or a motion to reopen. You can also address the issues by submitting a new I-140 form, correcting any mistakes that led to the denial.

If you receive a Request for Evidence (RFE) before denial, it’s crucial to respond promptly. RFEs ask for additional documentation to clarify aspects of your petition. Failing to respond to an RFE can lead to a denial.

If you’re unsure how to handle a denial or RFE, consult with an immigration attorney at Manifest Law to guide you through the next steps and ensure that you put together the strongest case possible.

If your Form I-140 is denied, it can be a significant setback, but it's important to understand your options and the reasons for denial. Common reasons for denial include:

Insufficient evidence of qualifications
Failure to meet eligibility criteria
Errors in completing the application

Immigration Lawyer Call Out: Your options and ability to stay in the US if you are in the US are heavily case dependent. If you are ultimately denied, the above information does not serve as a replacement for an attorney consultation which is strongly recommended in this scenario.

Frequently asked questions

How can I check the status of my Form I-140?

You can check the status of your Form I-140 online by entering your receipt number on the USCIS Case Status Tool. The receipt number is found on your I-140 notice from USCIS. This will give you the latest update on your petition.

What if I lose my job after my employer files Form I-140 in a PERM EB-2 / EB-3 context?

Losing your job after your employer files your Form I-140 can affect your immigration process, but the outcome depends on when and how it happens:

Before I-140 is approved: If you lose your job and your employer will withdraw the Form I-140 petition, ultimately resulting in not garnering an approved I-140.
After I-140 is approved: If your I-140 is approved but you lose your job, you may be able to retain your priority date through another employer restarting the PERM process if the I-140 has been approved for at least 180 days (even if the case has been withdrawn after approval after the 180 days).

However, if it has been less than 180 days, you may not be able to retain your approval and but may be able to retain the priority date in order to have it absorbed by a new green card process.

Does Form I-140 ever expire?

Form I-140 does not expire, but your Green Card process can be delayed if you change jobs or if your priority date becomes unavailable. Your employer serves as the petitioner for the application, they must also continue to support the petition throughout the process up to a certain point - for example, if a I-485 that is attached to the Form I-140 approval is pending for at least 180 days, there are ways to change the role and maintain that pending application.

Take the First Step:

Request a free evaluation

Discuss the visa options of interest to you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request an evaluation

Avi Goldenberg

Principal attorney at Manifest Law, PLLC

Take the First Step:

Request a free evaluation

Discuss the visa options of interest to you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request an evaluation

Avi Goldenberg

Principal attorney at Manifest Law, PLLC

Take the First Step:

Request a free evaluation

Discuss the visa options of interest to you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request an evaluation

Avi Goldenberg

Principal attorney at Manifest Law, PLLC

In this blog article:

What is Form I-140?

Who can file Form I-140?

Form I-140 - Filing Fees in 2025

Supporting Documentation for the Form I-140

Including Family Members in the I-140 Petition

How to File the Form I-140

I-140 Form Filing Address

Common Mistakes to Avoid When Filling the Form I-140

Form I-140 Processing Time 2025

What happens after the I-140 form is approved?

What happens if the Form I-140 is denied?

Form I-140 FAQs

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