I-140
Immigrant Petition for Alien Workers
Form I-140, Immigrant Petition for Alien Workers, is how a petitioner asks USCIS to classify a foreign worker for an employment-based immigrant visa. USCIS describes it as the form to petition for an alien worker to become a lawful permanent resident in the United States.
In most categories a U.S. employer files it for a permanent job offer. For an alien of extraordinary ability or a National Interest Waiver (NIW), the instructions say any employer, individual or third party may file, including the worker.
The instructions say approval is the first step towards permanent residence, but does not in itself grant permanent residence or employment authorization. Part 4 of the form records whether the worker will apply for a visa at a U.S. Embassy or Consulate abroad or apply for adjustment of status in the United States.
Name or company name, mailing address, EIN, Social Security number and USCIS online account number, plus Yes or No questions on nonprofit or government research status and employee count that USCIS uses to decide whether a reduced Asylum Program Fee applies.
One box from 1.a. (alien of extraordinary ability) to 1.h. (NIW), and, where it applies, 2.a. to amend an earlier petition or 2.b. for a Schedule A, Group I or II designation.
The worker's name, address, birth details, A-Number and last arrival with Form I-94, then whether the worker will apply for a visa abroad or adjustment of status, other forms filed together, removal proceedings, earlier petitions and labor certification questions.
Type of petitioner (employer, self or other), type of business, date established, U.S. employees, gross and net income, NAICS code and the labor certification case number and dates. An individual petitioner gives occupation and annual income.
Job title, SOC code, a nontechnical job description, whether the job is full-time, permanent and new, the wages and the worksite address.
The worker's spouse and all children, the petitioner's certification and signature, the interpreter and preparer sections, and additional information space.
Each type has its own initial evidence list in the instructions. For extraordinary ability, for example, the list is a one-time major international award or at least three of ten listed kinds of evidence.
The USCIS page says the form is rejected without a name or company name, mailing address, EIN or SSN (not needed for 1.a. or 1.h.), or an answer to Questions 5 and 6. Self-petitioners answer No to Question 5 and Yes to Question 6.
Codes go left to right, one digit per box. The instructions say to add zeros at the end of a short code, so 5133 is entered as 513300.
The instructions say this helps visa processing. Marking whether each person will adjust status or apply for a visa abroad reflects their intent at filing and is not binding.
Type or print in black ink. Write N/A where a question does not apply and None for a zero. Extra answers go in Part 11 with the page, part and item number.
A typed or stamped name is not accepted, and the USCIS page says an attorney, representative or family member cannot sign for the petitioner. This page lets you fill the form online free, then print it for signature.
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
The USCIS page lists two options: by mail or online through a USCIS online account. The mailing address depends on whether Form I-140 is filed by itself or with another form, so check the Direct Filing Addresses for Form I-140 page.
The USCIS page says Form I-140 may be filed at any time, but a petition based on an approved labor certification has to reach USCIS within the 180-day validity period. USCIS says it rejects petitions with an expired labor certification.
The fee is on the USCIS Fee Schedule page (Form G-1055), which can change. Check it on the day you file. The instructions describe a reduced or no Asylum Program Fee for employers with 25 or fewer full-time equivalent employees and for certain nonprofits.
Certain classifications are eligible with Form I-907. The USCIS page says a Form I-140 filed together with Form I-907 is filed by mail.
Petitions with a job offer include proof the employer can pay the offered wage, such as annual reports, federal tax returns or audited financial statements. Foreign-language documents need a full English translation with the translator's certification.
When both are filed together, the USCIS page says not to combine supporting documents and recommends a separate package for each form, with the payment form, Form G-1145 and Form G-28 on top.
I-485
730 fields, 24 pages
I-907
140 fields, 7 pages
I-765
161 fields, 7 pages
I-131
339 fields, 14 pages
G-1145
6 fields, 1 page
G-28
101 fields, 4 pages
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For two types, yes. The instructions say any employer, individual or third party, including the worker, may file for an alien of extraordinary ability or an NIW. The other types are filed by a U.S. employer.
No. The instructions say approval is the first step towards permanent residence, but does not in itself grant permanent residence or employment authorization.
The instructions say labor certifications expire 180 days from the date of certification and USCIS has to receive the petition within that period. If the last day falls on a Saturday, Sunday or legal holiday, USCIS accepts it on the next business day.
USCIS lists online filing through a USCIS online account, and its Forms Available to File Online page says when that applies. A petition sent together with Form I-907 for premium processing goes by mail.
USCIS fees change often, so this page does not list one. The I-140 page points to the USCIS Fee Schedule, and the instructions point to Form G-1055.
Part 4 asks about this. The instructions say the petitioner may answer Yes to Item 10 and ask USCIS to request a duplicate labor certification from the Department of Labor.
