What Is Form I-140? Form I-140, also known as the “Immigrant Petition for Alien Worker,” is a key part of the U.S. green card process. It is a form that U.S. employers use to petition the U.S. government for foreign workers to permanently live and work in the United States. The form is submitted to the U.S. Citizenship and Immigration Services (USCIS) by the employer or sometimes by the worker themselves, depending on the situation.
Recent Updates for Form I-140 (2024)
- New Edition: Starting October 21, 2024, USCIS will only accept the 06/07/24 edition of Form I-140. Prior to that date, both the 06/07/24 and 04/01/24 versions are acceptable.
- Fee Changes: As of April 1, 2024, USCIS increased its fees. This includes the introduction of an Asylum Program Fee to help with asylum processing.
- Expanded Premium Processing: USCIS now offers premium processing for certain visa categories like EB-1C (multinational executives and managers) and EB-2 (National Interest Waivers).
Why Is Form I-140 Important?
Form I-140 is essential for both international workers seeking a green card and U.S. employers hiring skilled foreign workers. Here’s why it matters:
- Pathway to a Green Card: By filing Form I-140, foreign workers apply for a permanent residency (green card), enabling them to live and work in the U.S. long-term.
- Filling Labor Gaps: Form I-140 helps U.S. employers hire skilled workers from outside the U.S. when they cannot find qualified U.S. candidates. This is crucial for filling important job roles in industries facing labor shortages.
- Eligibility Confirmation: Once USCIS approves the I-140, it confirms that the foreign worker meets the necessary criteria for an employment-based green card.
- Next Steps for Immigration: After approval, Form I-140 moves workers closer to receiving their green cards. They can then apply for Form I-485 to adjust their status to permanent resident.
Form I-140 Filing Fees in 2024
As of 2024, the I-140 filing involves two main fees:
- Base Filing Fee: The standard filing fee is $715, which applies to all petitioners.
- Asylum Program Fee: This additional fee helps fund the costs of asylum processing:
- Standard Fee: $600
- Discounted Fee: $300 for small employers (with fewer than 25 full-time employees)
- Nonprofits: Exempt from this fee.
Fee Breakdown:
- Nonprofits/Small Businesses: Only $715 (base fee).
- Other Petitioners: $1,015 ($715 base + $300 or $600 for Asylum Program Fee).
Check for updates on USCIS’s official website before filing, as fees and rules can change.
Form I-140 Payment Tips
Make sure to pay both the base filing fee and the Asylum Program Fee separately. USCIS accepts various payment methods, including credit/debit cards (with Form G-1450), personal checks, and cashier’s checks. Ensure checks are payable to the U.S. Department of Homeland Security (DHS). Remember, all filing fees are non-refundable, regardless of the petition’s outcome.
Processing Times for Form I-140 (2024)
I-140 processing times can vary. In 2024, regular processing takes around 10 months, while premium processing speeds it up to 15-45 days. The processing time depends on the service center handling the petition and the visa category being applied for.
Premium Processing
For those needing faster processing, USCIS offers Premium Processing for an additional fee of $2,805. This expedites the review process to 15-45 days but does not guarantee approval.
Eligibility Categories for Form I-140
Form I-140 applies to various employment-based immigrant visa categories:
- EB-1: Priority workers, such as those with extraordinary abilities, outstanding researchers, or multinational executives.
- EB-2: Professionals with advanced degrees or those with exceptional abilities.
- EB-3: Skilled workers, professionals, and other workers.
- EB-4: Special immigrants, including religious workers and foreign diplomats.
- EB-5: Investors who invest a significant amount of money in the U.S. to create jobs.
Required Documents for Filing Form I-140
To file Form I-140, both employers and workers need to submit various supporting documents:
For Employers:
- Proof of the ability to pay the offered wage, such as financial statements or tax returns.
- Job offer letter.
- Labor certification (if required).
For Employees:
- A current resume or CV.
- Education qualifications and transcripts.
- Letters of recommendation or reference.
- Relevant work experience documentation.
- A valid passport and visa details.
Important Filing Tips
- Use the Correct Form Edition: Make sure you’re submitting the correct edition (06/07/24 or 04/01/24 until October 21, 2024).
- Pay Attention to Required Fields: Complete all sections of the form, especially parts 1, questions 5 and 6.
- Double-Check Information: Ensure all information is accurate before submission to avoid delays.
What Happens After Filing Form I-140?
Once you submit Form I-140, you will receive a Receipt Notice (Form I-797C). USCIS will review the petition, and you can track the status online. If there’s missing information, USCIS might issue a Request for Evidence (RFE). Once they complete their review, USCIS will either approve or deny the petition.
What Does I-140 Approval Mean?
An I-140 approval means you’re one step closer to obtaining a green card. However, it’s not the same as a green card. You still need to either adjust your status in the U.S. (via Form I-485) or complete consular processing abroad.
What Happens if My Job Changes During the Process?
If you lose your job after filing Form I-140, the situation will depend on how long the petition has been pending. If 180 days or more have passed, you may be able to change jobs without losing your position in the green card process. But if it has been less than 180 days, you might need a new Form I-140 filed by a new employer.
I-140 FAQs
1. How can I track my I-140 status? You can track your case status online using the receipt number from your Form I-140 submission on the USCIS website.
2. When can I apply for my green card after filing I-140? Once your I-140 is approved, you can file Form I-485 for a green card. This depends on your priority date and country of origin.
3. Can I apply for I-485 while I-140 is pending? Yes, you can apply for I-485 while your I-140 is pending if your priority date is current. However, USCIS won’t process your I-485 until the I-140 is approved.
4. What if I lose my job after filing I-140? If your I-140 is pending for more than 180 days, you may change employers without disrupting your green card process. Otherwise, a new employer might need to file a new I-140.
Understanding and navigating Form I-140 can be complicated. It’s essential to stay informed about the requirements and deadlines to ensure your immigration process runs smoothly. Whether you’re an employer or an international worker, this guide will help you manage your green card journey with confidence. Consider using services like Law and Visas to guide you through the I-140 process and stay on top of changes.
