🇺🇸 United States

I-140 Employment Immigration Petition

Employer-Sponsored Green Card Petition

Hard ~45 min Green CardEmploymentEB-1EB-2EB-3

/ What is this form?

Form I-140 is filed by a US employer (or self-petitioner for EB-1A/EB-2 NIW) to sponsor a foreign worker for permanent residence. Categories: EB-1 (extraordinary ability/multinational managers), EB-2 (advanced degree/NIW), EB-3 (skilled workers/professionals). Most require a PERM labor certification.

/ Who needs this form?

US employers sponsoring employees for green cards
Self-petitioners with extraordinary ability (EB-1A)
Self-petitioners for National Interest Waiver (EB-2 NIW)

/ What you need before you start

Approved PERM labor certification (most EB-2/EB-3 cases)

Evidence of qualifications

Employer's ability to pay the offered wage

Filing fee: $715

/ Step-by-step guide

1 Determine Category

Identify the correct EB category: EB-1 (extraordinary ability/multinational managers), EB-2 (advanced degree or National Interest Waiver), or EB-3 (skilled workers/professionals).

2 Obtain PERM if Required

Most EB-2 and EB-3 cases require a PERM Labor Certification from DOL before filing I-140. EB-1A and EB-2 NIW are exempt from PERM.

3 Complete Form I-140

Fill in employer and employee details, the immigrant classification, and the position being offered. Include evidence appropriate for the category.

4 Compile Evidence

For EB-1A: evidence of extraordinary ability (awards, publications, salary). For NIW: evidence of national importance. For EB-2/3: approved PERM and ability-to-pay evidence.

5 File and Consider Premium Processing

File with the $715 fee. Optionally pay $2,805 for premium 15-day processing. Track your priority date in the Visa Bulletin for next steps.

/ Key fields explained

Field	What to enter	Common mistake
Immigrant classification	EB-1A, EB-1B, EB-1C, EB-2, EB-2 NIW, or EB-3	Each category has very different evidence requirements — research thoroughly before selecting

/ Common mistakes to avoid

Not filing for premium processing when time-sensitive ($2,805 for 15-day processing)

Employer not demonstrating ability to pay the offered wage

EB-1A: insufficient evidence of extraordinary ability

/ Frequently asked questions

Can I self-petition?

Yes for EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver). All other categories require employer sponsorship.

What is a priority date?

The date USCIS receives your I-140 petition. Your green card can only be issued when this date becomes current on the Visa Bulletin — waits can be years or decades for oversubscribed countries.