Form I-140, Immigrant Petition for Alien Workers, is filed with USCIS to classify a foreign national as eligible for an employment-based immigrant visa. Employers typically file on behalf of workers, though certain self-petitioning categories allow individuals to file for themselves. Approval establishes the worker’s priority date and moves the case toward a green card.
Form I-140 covers multiple employment-based preference categories, including EB-1 for extraordinary ability, outstanding professors or researchers, and multinational executives; EB-2 for advanced degree professionals or exceptional ability workers; and EB-3 for skilled and unskilled workers. EB-2 petitions may also include a National Interest Waiver, allowing self-sponsorship without an employer’s labor certification.
The I-140 process involves navigating strict evidentiary standards, coordinating with PERM labor certification where required, and selecting the correct preference category — errors at any stage can result in denial or costly delays. Immigration Professional Association provides precise case evaluation, document strategy, and petition drafting tailored to each worker’s qualifications and the employer’s specific needs. Their attorneys understand how to build the strongest possible record before USCIS.
The date USCIS receives an approved I-140 establishes the beneficiary's priority date — the position in line for an immigrant visa. For workers born in high-demand countries like India or China, this date can mean waiting years or even decades before a visa number becomes available. Filing promptly and accurately is essential to locking in the earliest possible priority date.
USCIS offers premium processing for most I-140 categories, guaranteeing a decision within 15 business days for an additional fee. While premium processing does not guarantee approval, it accelerates the timeline significantly — especially valuable when employees are nearing the end of H-1B status or employers need to move quickly. Not all categories qualify, so confirm eligibility before paying the upgrade fee.
Under AC21 portability rules, a beneficiary with an approved I-140 and a pending adjustment of status application for more than 180 days may change employers or job roles without losing their priority date — provided the new position is in the same or similar occupational classification.
Before submitting your application, always confirm that you are using the most recent edition of the form available from USCIS.gov. Filing outdated forms may result in rejection.
Full preparation of the I-140 petition, including selection of the correct preference category, document compilation, and submission to USCIS on behalf of the employer or self-petitioner. Average budget: $2,500–$5,000.
Coordination of the Department of Labor PERM process required for most EB-2 and EB-3 petitions, followed by I-140 preparation and filing upon PERM approval. Average budget: $5,000–$10,000.
Comprehensive preparation of a self-sponsored I-140 under the EB-1A category, including evidence strategy, reference letter guidance, and a detailed petition letter demonstrating extraordinary ability. Average budget: $4,000–$8,000.
Preparation of a self-petitioned I-140 under the EB-2 NIW category, including a persuasive petition brief establishing substantial merit, national importance, and benefit to the United States. Average budget: $3,500–$7,000.
Filing the I-907 Request for Premium Processing alongside the I-140 petition, managing USCIS correspondence, and responding to any Requests for Evidence within the expedited timeframe. Average budget: $2,500–$5,500.
Detailed legal response to a USCIS Request for Evidence issued after I-140 submission, including supplemental documentation, updated support letters, and a written legal brief addressing USCIS concerns. Average budget: $2,000–$4,500.
Combined service covering I-140 petition approval and subsequent preparation of the I-485 Adjustment of Status application, including all supporting forms, for employment-based green card applicants already present in the United States. Average budget: $6,000–$12,000.
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