Form I-140: A Guide To Employment-Based Residency For Employers & Self-Petitioners

Are you an employer sponsoring a foreign worker or an individual self-petitioning for a job-related Green Card?

Filing Form I-140 is the first step in obtaining employment-based lawful permanent resident status in the United States.

We have put together a simple and detailed guide on the Form I-140 process, fees and processing times.

Plus, we will explain how our team of attorneys at Spar & Bernstein can help employers secure talent for their companies and self-petitioners to advance their career.

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

View Brad's Bio

Bradford H. Bernstein

What Is Form I-140?

Form I-140, Immigrant Petition for Alien Worker, is a document used to help a foreign worker become a lawful permanent resident (Green Card holder) in the United States.

Filing Form I-140 is an important step in the employment-based immigration process, allowing U.S. employers or qualifying individuals to prove they are eligible to apply under specific visa categories.

Who Can File I-140?

Typically, an employer, known as the petitioner, files Form I-140 on behalf of the foreign worker, who is referred to as the beneficiary.

In rare cases, I-140 can be filed by a self-petitioner or an authorized agent.

Employers

When filed by a U.S. employer on behalf of a foreign worker, Form I-140 aims to show that:

• The foreign worker meets the education, experience, and skills required for the job in their immigrant visa preference category — for example, EB-1, EB-2, or EB-3.
• The employer can pay the offered wage.
• The job offer meets the U.S. Department of Labor requirements (if applicable).

Self-Petitioners

In some cases, individuals can file Form I-140 on their own, without the need for a job offer or employer sponsorship. These cases include:

• Individuals with extraordinary ability in sciences, arts, education, business, or athletics EB-1 (Extraordinary Ability).
• Individuals whose work can significantly benefit the U.S. and serve the national interest (EB-2 National Interest Waiver – NIW).

Authorized Agents

In certain situations, involving artists, entertainers, or athletes, a U.S.-based agent can file Form I-140 on behalf of the worker.

The agent can serve as an employer, represent multiple employers, or act on behalf of both the employer and the worker.

Form I-140: The Process

The responsibility for filing Form I-140 depends on the circumstances, with employers typically filing for sponsored workers and individuals filing for themselves in self-petition cases.

Steps When An Employer Files I-140

1. Determine Eligibility

• Identify the appropriate employment-based visa category.
• Confirm the foreign worker’s qualifications match the job requirements.
• If needed, obtain labor certification proving no qualified workers are available in the U.S. for the job.

2. Prepare Form I-140

• Download the most recent version of Form I-140, including the instructions for completion. If your form contains pages from different versions, your petition may be rejected.
• Complete the form, ensuring all required fields are filled out accurately.
• Include supporting documents, such as:
  – Evidence of the worker’s qualifications — these can include degrees, certifications, and work history.
  – Proof you can pay the offered wage such as tax returns or financial statements.
  – The approved labor certification, if applicable.

3. Pay The Filing Fee

• Pay the applicable fee — for more information, consult our ‘Cost’ section below.
• If you are paying additional fees, be sure to submit separate payments.
• If you want a faster review of Form I-140, pay the applicable premium processing fee using Form I-907.

4. File Form I-140

• Send the completed Form I-140 and supporting documents to the appropriate USCIS service center. Refer to the lockbox addresses for filing Form I-140 alone, without accompanying petitions.
  – If your worker will work in Alabama, Alaska, Arizona, Arkansas, Armed Forces, California, Colorado, Florida, Georgia, Guam, Hawaii, Idaho, Kentucky, Louisiana, Marshall Islands, Maryland, Mississippi, Montana, Nevada, New Mexico, North Carolina, Northern Mariana Islands, Oklahoma, Oregon, Puerto Rico, South Carolina, Tennessee, Texas, US Virgin Islands, Utah, Virginia, Washington, West Virginia, or Wyoming, send Form I-140 to:
  USCIS Dallas Lockbox
  U.S. Postal Service (USPS):
  USCIS
  Attn: I-140
  P.O. Box 660128
  Dallas, TX 75266-0128
  FedEx, UPS, and DHL deliveries:
  USCIS
  Attn: I-140 (Box 660128)
  2501 S. State Hwy. 121 Business
  Suite 400
  Lewisville, TX 75067-8003
  – If your worker will work in Connecticut, Delaware, District of Columbia, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Vermont, or Wisconsin, send Form I-140 to:
  USCIS Chicago Lockbox
  U.S. Postal Service (USPS):
  USCIS
  Attn: I-140
  P.O. Box 88774
  Chicago, IL 60680-1774
  
  FedEx, UPS, and DHL deliveries:
  USCIS
  Attn: I-140 (Box 88774)
  131 S. Dearborn St., 3rd Floor
  Chicago, IL 60603-5517
  – If you are filing Form I-140 along with other forms, such as Form I-485 or Form I-907, refer to the respective addresses.

5. Wait For USCIS Decision On Form I-140

• If approved, the worker can proceed to the next step in the immigration process, such as adjustment of status if they are already in the U.S., or consular processing if they are outside the U.S.
• If denied, you may appeal or file a motion to reopen or reconsider.

Steps When A Self-Petitioner Files I-140

1. Determine Eligibility

• Verify if you qualify for self-petitioning under EB-1or EB-2 NIW.
• Gather supporting evidence:
  – For EB-1, this can be proof of extraordinary ability, such as major awards, publications, or significant contributions in your field.
  – For EB-2 NIW, this can include documents showing the work is in the national interest and beneficial to the U.S.

2. Prepare Form I-140

• Find the All Forms section on the USCIS website and download the latest version of Form I-140.
• Complete the form and attach all necessary evidence of qualifications and contributions.

3. Submit Filing Fee

• Verify the amount due and pay the filing fee with a money order, cashier’s check, personal check, or credit/debit card.

4. File The Petition

• Send Form I-140 and supporting documents to the correct USCIS service center.
• Send any additional evidence (RFE), if USCIS sends a request.

5. Receive The Decision:

• If approved, you can apply for an immigrant visa or adjust status.
• If denied, you can work with an immigration lawyer to file an appeal or motion to reopen.

Form I-140: Cost

The paper filing fee for Form I-140 is $715.

If Form I-140 is filed under the Asylum Program, which provides protection for individuals fleeing persecution in their home countries, there may be additional fees:

• $600 if you are filing Form I-140 as a regular petitioner
• $300 if you are filing Form I-140 as a small employer or self-petitioner
• There is no fee if you are filing the form as a non-profit

The base filing fee and the Asylum Program fee must be paid as separate charges.

The fees are non-refundable and must be submitted along with the completed Form I-140 petition.

Form I-140: Processing Times

The processing times for Form I-140 can vary depending on the category under which you are filing, but they typically range from 7 to 14 months.

Currently, USCIS is prioritizing Form I-140 petitions where the Visa Bulletin shows an immigrant visa is currently available.

Use the USCIS processing time tool to check how long your I-140 might take.

Tip: If you believe your case is taking longer than the estimated timeframe, you can send an inquiry on the USCIS website. Check for the earliest date when you can do so by entering your receipt number on the website’s processing time tool page.

Need Help With Form I-140? Schedule A Consultation

With in-depth knowledge of immigration forms and processes, Spar & Bernstein has been helping individuals and organizations navigate the challenges of immigration law for over 60 years.

If you are an employer looking to bring skilled talent to the U.S., our knowledgeable team will:

• Determine the correct employment-based visa category.
• Prepare and file labor certifications, ensuring compliance with Department of Labor standards.
• Demonstrate your ability to pay the offered wage using financial documents.
• Expedite processing with accurate, well-prepared petitions to reduce the risk of delays.

If you are filing Form I-140 as a self-petitioner, we will:

• Assess your qualifications to see if you are eligible for self-petition categories.
• Collect and present strong evidence of your achievements, such as publications, awards, or contributions to your field.
• Help you demonstrate your extraordinary ability or the national interest your work serves.
• Guide you through the filing process to make sure all requirements are met.

Contact our experienced and compassionate team to make your journey toward employment–based residency easier.

Form I-140: FAQs

For more insights about Form I-140, check out answers to frequently asked questions.

Can I bring my family to the U.S. if my Form I-140 is approved?

Yes, immediate family members, including spouses and children under 21, can apply for immigrant visas or adjustment of status based on your approved Form I-140.

Does an approved Form I-140 guarantee a Green Card?

No, it is only a step in the process. To be eligible for a Green Card, a visa number must be available, and you must meet all other requirements, including admissibility to the U.S.

How long is an approved Form I-140 valid?

An approved I-140 is valid for an indefinite period, as long as it is not revoked and is used for the original employment-based category.

What happens if my employer withdraws Form I-140?

If your employer withdraws Form I-140 before it is approved, the petition becomes invalid. If they withdraw it after approval, it may still be valid for transferring to a new employer under certain conditions.