Form I-140, Explained

A GUIDE TO THE PROCESSING TIME, COST, AND REQUIREMENTS TO FILE THE “IMMIGRANT PETITION FOR ALIEN WORKER” FORM

What is Form I-140?

Form I-140, “Immigrant Petition for Alien Worker,” is an immigration form filed by employers in the United States to petition for the employment-based immigration of foreign workers.

Form I-140 serves as a petition to U.S. Citizenship and Immigration Services (USCIS), demonstrating that a U.S. employer has a legitimate need for a foreign worker to fill a specific job opening. The foreign worker must meet the minimum qualifications for the job, and the employer must demonstrate that they could not find a qualified U.S. worker to fill the position.

Form I-140 Processing Time
The processing time for Form I-140 varies depending on several factors, including the workload of the USCIS field office where the petition was filed, the complexity of the case, and the volume of applications received. USCIS updates processing times regularly. However, these times are only estimates and are subject to change. Generally, it can take anywhere from several months to a year or more to receive a decision on your petition.
You can check the current processing times for Form I-140 for your specific visa category and USCIS service center here.

Premium Processing
Certain immigrant workers may be eligible to request “premium processing” of their Form I-140 for an additional fee of $2805. If approved, USCIS will process their I-140 within 15-45 calendar days.
Premium Processing is an expedited service offered by USCIS for certain types of visa and immigration applications. It allows applicants or their sponsoring employers to pay an additional fee to have their petitions processed within a shorter timeframe than the standard processing time.
Applicants or their representatives must file Form I-907 (Request for Premium Processing Service) when submitting their underlying petition to request Premium Processing.
Visit USCIS’ page on premium processing to learn more.

Form I-140 Cost
The current fee to file Form I-140 is $715, and it must be paid directly to USCIS at the time of filing. Since Form I-140 is typically filed by the sponsoring employer on the foreign worker’s behalf, the employer is responsible for the filing costs during the process.

Form I-140 Eligibility
Only U.S. employers or their authorized representatives are generally eligible to file Form I-140 to petition foreign workers to obtain permanent residency under certain employment-based immigrant visa categories.

The following are the employment-based immigrant visa categories for which Form I-140 can be filed:

1. EB-1: Priority workers, including individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers.
2. EB-2: Members of professions holding advanced degrees or who have exceptional ability.
3. EB-3: Skilled workers, professionals, and other workers.
4. EB-4: Special immigrants, such as religious workers, broadcasters, and employees of U.S. foreign service posts.
5. EB-5: Immigrant investors who invest a minimum of $1.8 million (or $900,000 in a targeted employment area) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

It is important to note that eligibility for these visa categories depends on several factors, including the foreign worker’s qualifications and the availability of U.S. workers to fill the job. Therefore, employers should carefully review the requirements for each visa category and ensure that the foreign worker meets the necessary qualifications before filing Form I-140.

Form I-140 Supporting Documents
The supporting documents required for Form I-140 may vary depending on the specific immigrant category under which the petition is being filed. However, generally, the following documents are required to be submitted along with Form I-140:

Employer information

• Proof of the employer’s ability to pay the proffered wage (such as financial statements, tax returns, or audited financial statements)
• Evidence that the employer has the ability to hire and supervise the beneficiary

Beneficiary information

• A copy of the beneficiary’s resume or curriculum vitae (CV)
• Education qualifications, such as copies of diplomas, transcripts, and degrees.
• Letters of recommendation from previous employers or colleagues
• Evidence of relevant work experience, such as letters from previous employers, tax records, or other documents
• Valid passport
• Proof of current work visa status
• I-94 Travel Record

Job information

• Labor certification application form (PERM), certified by the Department of Labor
• A detailed job description that includes the job title, duties, and responsibilities
• A copy of the job offer letter or employment verification letter

It is important to note that USCIS may request additional information or evidence, such as additional documents or an in-person interview, during the processing of the application. Therefore, ensuring the application is complete and accurate and includes all necessary supporting documents is important.