Form I-140: The Immigration Petition for Alien Workers

Introduction to Form I-140

Form I-140: The Immigration Petition for Alien Workers

Although understanding the complicated rules of U.S. immigration law might be stressful, many prospective immigrants believe that knowing the fundamentals of important documents like the I-140 is important. The initial step toward gaining employment-based permanent residency in the United States is the I-140 form, formerly known as the Immigrant Petition for Alien Workers. With the expert assistance of Passage Law, individuals wishing to secure their future in the United States will get an in-depth overview of the I-140, the application process, and the advantages of its acceptance.

What is Form I-140?

Employers may apply on Form I-140, the Immigrant Petition for Alien Worker, to the U.S. Citizenship and Immigration Services (USCIS) to have an alien worker classified to be eligible for an employment-based immigrant visa. Employers and employees alike must know what I-140 and I-40 are as they are two important immigration procedures. The I-140 petition indicates that the company is providing foreign workers with the required qualifications for a permanent job. Getting the I-40 or I-140 employment-based immigration visa requires this petition as a necessary first step.

Purpose and Importance of Form I-140

The I-140 petition proves that both the company can afford to pay the offered salary and that the foreign worker satisfies the requirements for employment. Employers and employees can better understand the importance of this form in the larger immigration setting by being aware of its purpose and benefits. The I-140 petition shows that the employer is providing the qualified foreign worker with a permanent job. Getting the I-40 or I-140 employment-based immigration visa requires this petition as a necessary first step.

Eligibility Criteria for Form I-140

Employers who would like to submit the I-140 have to show that the foreign worker possesses the required education, experience, and abilities as well as that the employment offer is genuine. The majority of the time, the I 140 criteria include labor certification, financial stability documents for the business, and qualification papers for the employee. Knowing what I 140 means is important because it represents an important immigration process turning point.

Process of Applications

Step-by-Step Process

  • Labor Certification: Generally speaking, the business needs to get a labor certification from the Department of Labor confirming that there are no qualified U.S. workers for the job before filing the I-140.
  • Filing in the Petition: Employers can submit the I-140 petition to USCIS together with supporting documentation, such as proof of the worker’s qualifications and the employer’s capacity to pay the salary if labor certification is granted.
  • Priority Date: The worker’s position in the immigration line is determined in large part by the priority date, which is the filing date of the I-140. When the USCIS gets the I-140 form is known as the i140 priority date. This date is important to the visa bulletin system, which determines when an employee may apply for an immigrant visa or change their status.

Key Concepts and Terms

Priority Date

When the USCIS gets the I-140 petition is known as the i140 priority date. When determining when a worker can apply for an immigrant visa or change their status, the visa bulletin system depends on this date. Planning and expectation management depend heavily on knowing the i140 priority date.

Approval and Its Importance

The USCIS has determined that the petition and supporting documents satisfy all conditions if an I-140 is approved. Given that the i-140 certification represents an important turning point in the immigration process, it is important to understand its importance. The implications of the i-140 acceptance are a big step closer to permanent residency.

Benefits of Approval of I-140

The Green Card Pathway

The fact that I 140 clearance opens the door for the foreign worker to seek a green card is one of its main benefits. If the worker is outside of the United States, the i-140 green card process involves applying for an immigrant visa or an adjustment of status (Form I-485). Plan appropriately and control expectations by knowing the benefits of I-140 approval and the I-140 green card application procedure.

File Concurrently Using Form I-485

Employees can sometimes submit Form I-485 along with Form I-140 if an immigrant visa number is available right away. Workers may change their status sooner by accelerating the procedure with this combined filing of i-140 and i-485. It can be easier to control expectations and make plans when one is aware of the benefits of I-140 approval as well as the concurrent filings for I-140 and I-485.

Understanding the I-140 Petition Process

Documentation and Requirements

Employers must submit significant proof, including:

  • Proof of labor certification (if applicable)
  • Documentation of the worker’s qualifications
  • Proof that the employer can afford the compensation that is being given

Labor certification is usually one of the 140 requirements, as is confirmation of the worker’s qualifications and evidence of the employer’s financial viability. Carefully preparing the I-140 necessary paperwork will prevent delays or rejections. It is possible to manage expectations and make plans if one is aware of the I-140 requirements and the necessary documentation.

Times for Processing and Approval

From initial submission to USCIS officer evaluation, there are multiple phases in the I 140 processing procedure. Understanding the I 140 processing and approval timelines can better aid planning and expectation management. The complexity of the case and the workload of USCIS officers are two of the various factors that can affect the I 140 processing and approval times.

Steps to Take After I-140 Approval

Application for an immigrant visa or an adjustment of status are frequently the following steps after an I-140 petition is granted. Employers and employees alike must know what happens next once I 140 is approved to ensure a smooth transition. After the I-140 is authorized, many people wonder what to do next. Our staff at Passage Law is here to help you with that.

Maintaining Status

While waiting for their priority date to become current, employees must preserve their status. This could require updating travel papers and work authorization. Being aware of the 140 processing and approval times can help in managing expectations and making plans.

Addressing Common Issues

A difficult process, filing an I-140 petition can lead to several problems, including:

These difficulties require professional legal help to overcome. Specializing in I-140 petitions, Passage Law ensures that all paperwork is completed accurately and that any problems are resolved early on. Our knowledgeable immigration lawyers offer the best possible assistance, skillfully and gently guiding you through every stage of the process.


A critical first step toward gaining permanent residency in the US is getting an I-140 approval. For both companies and employees, knowing the specifics of the I-140 process—from eligibility standards to filing requirements and post-approval procedures—is crucial.

Working with Passage Law can help guarantee a successful and smooth immigration procedure. Our group of qualified immigration lawyers is committed to providing you with the finest possible assistance, skillfully and lovingly guiding you through every stage of the procedure. Consult Passage Law now for additional details on how we may help with your I-140 petition and other immigration needs. Allow us to assist you in navigating the complexities of American immigration law and achieving your goal of permanent residency.


Request a Consultation

"*" indicates required fields

How Can We Help
I Have Read The Disclaimer*
This field is for validation purposes and should be left unchanged.