I-140 Petition: Your Employer's Petition to USCIS

Q: What is the I-140 petition?

Form I-140 is filed by your employer with USCIS after labor certification is approved to establish your eligibility for the EB-3 category.

Q: How long does I-140 processing take?

Standard: 6–12 months. Premium processing: 15 business days for $2,965.

Q: What is a priority date?

The date your PERM was filed with the DOL, determining your place in line for a green card.

Q: What happens after I-140 approval?

Proceed to consular processing (outside U.S.) or adjustment of status (inside U.S.).

The I-140 Immigrant Petition is where your employer formally asks USCIS to classify you as an EB-3 immigrant worker. Standard processing: 6–12 months. Premium processing: 15 business days ($2,965).

What is the I-140 Petition?

Form I-140, "Immigrant Petition for Alien Workers," is filed by your employer with U.S. Citizenship and Immigration Services (USCIS). While the labor certification proved no U.S. workers were available, the I-140 proves that you personally qualify for the position and that your employer can pay your salary. I-140 approval is a critical milestone that opens the door to the final steps of getting your green card.

What USCIS Evaluates

Valid Labor Certification: The approved PERM must be submitted within 180 days of certification.
Employer's Ability to Pay: Demonstrated through tax returns, annual reports, or audited financial statements.
Your Qualifications: USCIS verifies you meet the minimum requirements for the job.

Premium Processing Option

For an additional fee of $2,965, USCIS guarantees to adjudicate the I-140 within 15 business days. This is often worth the investment to move the process forward faster. Money back if the deadline is missed.

Understanding Your Priority Date

Your priority date is the date your PERM labor certification was filed with the DOL. This date determines your place in line for a green card. For citizens of most countries (except India and China), EB-3 priority dates are often "current," meaning no additional wait after I-140 approval.

Frequently Asked Questions

What is the I-140 petition?

Form I-140 is filed by your employer with USCIS after the labor certification is approved. It establishes that you qualify for the EB-3 category and that your employer can pay your salary.

How long does I-140 processing take?

Standard processing takes 6–12 months. Premium processing is available for $2,965, guaranteeing a response within 15 business days.

What is a priority date?

Your priority date is the date your PERM labor certification was filed with the DOL. It determines your place in line for a green card. Wait times vary by country of birth.

What happens after I-140 approval?

After approval, your next step depends on your location. Outside the U.S.: consular processing (DS-260 + embassy interview). Inside the U.S.: adjustment of status (I-485).