What Is Form I-140? The Immigrant Petition, Explained

Form I-140 is the USCIS petition that starts your employment-based green card case — here's what it costs, how long it takes, and what happens next.

If your employer has started talking about "filing your green card," Form I-140 is usually the first concrete document you'll hear about. Officially the Immigrant Petition for Alien Worker, Form I-140 is the USCIS filing that establishes a foreign national's eligibility for an employment-based immigrant visa category — EB-1, EB-2, or EB-3. It's filed with USCIS, almost always by your employer, though a handful of categories let you self-petition. Its approval sets your priority date, the marker that eventually determines when you can apply for the green card itself. Approval alone does not grant permanent residence.

In plain terms, I-140 means the form number USCIS assigns to that petition — not a program, not a policy, just the filing that starts the employment-based green card process once a company (or you, under certain categories) decides to sponsor a green card instead of another temporary work visa. This guide covers what the form actually does, what it costs, how the premium processing option works, and what comes next once it's approved.

What Form I-140 actually establishes

Form I-140 doesn't grant a visa, a status, or work authorization. It establishes two things: that you (the beneficiary) meet the requirements for a specific employment-based preference category, and the priority date that will eventually determine your place in line for a green card.

It's worth keeping the three major immigration forms straight, because they get confused constantly:

• Form I-129 is the nonimmigrant petition — what gets you H-1B, L-1, O-1, or similar temporary work status.
• Form I-140 is the immigrant petition — what establishes eligibility for a permanent employment-based category.
• Form I-485 is the adjustment of status application — the actual green card application, filed after I-140 approval (if you're inside the US) once your priority date is current.

A lot of the anxiety around I-140 comes from treating it as the finish line. It's closer to the middle of the process.

Who files it: EB-1, EB-2, and EB-3

Form I-140 covers three employment-based preference categories:

• EB-1 — extraordinary ability (which allows self-petition without an employer), outstanding professors and researchers, and multinational managers or executives (EB-1C).
• EB-2 — advanced-degree professionals or those with exceptional ability, generally requiring a PERM labor certification from the Department of Labor first, unless you're filing under the National Interest Waiver (NIW), which allows self-petition without a job offer or PERM.
• EB-3 — skilled workers, professionals, and "other workers," also generally PERM-based.

Most EB-2 and EB-3 cases require your employer to complete PERM labor certification with the DOL before the I-140 can even be filed — the process that tests the US labor market and certifies no qualified US worker is available for the role. NIW and EB-1 petitions skip PERM entirely, which is a meaningful speed and control difference. For a side-by-side look at how EB-2 and EB-3 timelines compare, see our EB-2 vs. EB-3 comparison.

What Form I-140 costs in 2026

So the baseline cost is $1,015 for a self-petition or $1,315 for an employer-sponsored petition, before any optional premium processing upgrade. This schedule covers the I-140 filing only — PERM recruitment costs, attorney fees, and the separate I-485 filing fee you'll owe later aren't included. Fee amounts change; confirm the current figure on the USCIS fee schedule before you or your employer files.

Premium processing: the 15-day (or 45-day) option

Filing Form I-907 alongside or after your I-140 buys a guaranteed adjudication window from USCIS, for a fee of $2,965 as of March 1, 2026. But the guarantee window isn't uniform across categories:

Two mechanics worth knowing before you pay for the upgrade. First, "business days" excludes weekends and federal holidays, so 15 business days runs closer to three calendar weeks than two. Second, the clock starts when USCIS accepts the I-907 upgrade request — not on your original I-140 filing date. If USCIS misses its own window, it refunds the premium fee, but that's a refund of the fee, not a faster case.

If your category is one of the 45-business-day ones, budgeting for the shorter 15-day window is a common and avoidable mistake — see our breakdown of the 15-day vs. 45-day premium processing tracks for category-by-category detail.

For standard, non-premium processing, timelines vary widely by category and by which USCIS service center is handling your case, and they shift throughout the year. Rather than relying on a rule of thumb here, check the USCIS processing times page for your specific service center and category before you plan around a date.

What I-140 approval actually gets you — and what it doesn't

Approval confirms USCIS agrees you're eligible for the category and locks in your priority date. That's it. It does not grant permanent residence, does not grant new work authorization, and does not extend your current nonimmigrant status on its own.

The next step depends on where you are and whether your priority date is current:

• Adjustment of status — file Form I-485 if you're inside the US and your priority date is current.
• Consular processing — complete the equivalent process through a US embassy or consulate if you're outside the US.

Both paths require your priority date to be current under the Visa Bulletin before you can move forward — and that date is entirely separate from how fast your I-140 itself was adjudicated. A category like EB-2 India, which the August 2026 Visa Bulletin lists as unavailable for the rest of the fiscal year, can leave an approved I-140 sitting for months or years before the next filing is even possible. The pace of the category, not the I-140 processing speed, is what controls that wait.

One thing many H-1B holders don't learn until they need it: an approved I-140 with a priority date that isn't yet current is what lets you extend your H-1B beyond the standard six-year maximum in most cases. It also underlies the portability options that come into play if you change employers later in the process. Our guides on pursuing a green card while on H-1B and how AC21 portability works when you change jobs walk through those mechanics in more depth — both are questions worth raising with an immigration attorney before you act on them, since the details depend heavily on your specific facts.

From PERM to green card: the typical sequence

1. PERM labor certification (EB-2 and EB-3 only) — your employer tests the labor market and the Department of Labor certifies no qualified US worker is available for the role.
2. Form I-140 filed with USCIS — your priority date is established the day USCIS receives the petition.
3. USCIS adjudicates — approval, a Request for Evidence, or denial, on either standard or premium timing.
4. Priority date waits in line — it becomes current when the Visa Bulletin's Final Action Date for your category and country of birth reaches or passes it.
5. File Form I-485 if you're in the US, or complete consular processing if you're abroad.
6. Final approval — I-485 approval, or immigrant visa issuance abroad, is what actually makes you a permanent resident.

This sequence can span anywhere from under a year to well over a decade, depending almost entirely on which category and country of birth you fall under — not on how quickly any single form was processed.

Common mistakes

• Treating I-140 approval as the finish line. It's the middle of the process, not the end. The next filing — I-485 or consular processing — is what actually converts your status.
• Not checking whether the category is current before assuming a timeline applies. A category like EB-2 India can sit unavailable for a full bulletin cycle, as the August 2026 bulletin shows. Always check the current month's bulletin, not a figure from a past post.
• Budgeting only for the $715 base fee. The added $300 or $600 Asylum Program Fee catches people who priced out the case months earlier and didn't revisit it.
• Buying premium processing on an EB-1C or EB-2 NIW case expecting the 15-business-day standard. Those two categories run on the 45-business-day track instead.
• Assuming PERM can be skipped, or that NIW eligibility is a safe bet, without professional review. Which category and process actually fits your situation is a legal determination, not a self-assessment.
• Making an employer change mid-process without checking the interaction first. Portability rules after I-140 approval are timing- and fact-specific; loop in an immigration attorney before you give notice.

Frequently asked questions

What does I-140 mean? I-140 is the USCIS form number for the Immigrant Petition for Alien Worker, the petition an employer or, in some categories, the worker files to establish eligibility for an employment-based green card category such as EB-1, EB-2, or EB-3. It does not grant a visa or status by itself. It sets your priority date and clears the way to later file Form I-485 or go through consular processing.

How much does Form I-140 cost? The base USCIS filing fee is $715. On top of that, there is an Asylum Program Fee of $300 for self-petitions such as EB-1A or EB-2 NIW, or $600 for employer-sponsored petitions. Optional premium processing adds $2,965 as of March 2026. These figures cover the I-140 only, since PERM recruitment costs, attorney fees, and the later I-485 filing fee are separate.

Does I-140 approval mean I have a green card? No. I-140 approval establishes your priority date and confirms USCIS agrees you qualify for the category, but it does not grant permanent residence or new work authorization on its own. The next step is filing Form I-485 to adjust status if you are in the US, or completing consular processing abroad, and in many categories that step can only happen once your priority date is current on the Visa Bulletin.

How long does Form I-140 processing take? With premium processing at $2,965 as of March 2026, USCIS guarantees action within 15 business days for most categories, or 45 business days specifically for EB-1C multinational-manager and EB-2 NIW petitions. Standard processing without that upgrade varies by category and service center, so check the USCIS processing times page for the current estimate rather than relying on a rule of thumb.

What is the difference between Form I-140 and Form I-485? Form I-140 is the petition that establishes your eligibility for an employment-based green card category and sets your priority date. Form I-485 is the actual application to adjust your status to permanent resident, filed once that priority date is current under the Visa Bulletin, or handled through consular processing if you are outside the US. Both are required, since I-140 approval alone does not make you a permanent resident.

Figuring out whether PERM-based EB-2/EB-3 or a self-petition route like NIW or EB-1A fits your situation is a question for a licensed immigration attorney, not a blog post. If you want help building the job-search and career strategy around your visa timeline while that case moves forward, F1Jobs works with candidates navigating exactly this stage.