Form I-140 Explained: The Employer’s EB-3 Petition

Form I-140, Immigrant Petition for Alien Workers, is the form a U.S. employer files with U.S. Citizenship and Immigration Services (USCIS) to request that the beneficiary foreign worker be classified for an employment-based green card. In EB-3, the employer is the petitioner and you, the worker, are the beneficiary.

The I-140 comes after your employer’s PERM labor certification and before the last green card step. It is a big milestone, but it is not a green card. An approved I-140 does not let you enter, live or work in the U.S. on its own.

This guide explains what the I-140 is, where it fits in the EB-3 process, what you need to provide, what it costs, what approval means and what can go wrong.

Form I-140 at a Glance

Full name	Form I-140, Immigrant Petition for Alien Workers
Agency	U.S. Citizenship and Immigration Services (USCIS)
Who files	The employer (the petitioner)
Who it’s for	The worker (the beneficiary)
Comes after	An approved PERM labor certification (ETA Form 9089)
Deadline	Within 180 calendar days of PERM approval
Filing fee	$715, plus an Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits)
Who pays the filing fees	Either the employer or the worker can pay the I-140 fees. In eb3.work’s program, the worker pays them. PERM costs are always the employer’s
Premium processing	Optional. $2,965 for a decision within 15 business days. Either the employer or the worker can pay this fee
Processing time	See our EB-3 processing times page
Result	Form I-797 approval notice. Your priority date is set
Next step	Form I-485 in the U.S., or the National Visa Center and DS-260 abroad, once your priority date is current

What Is Form I-140?

The I-140 is the petition that moves your case from the Department of Labor (DOL) to USCIS.

The two steps answer two different questions:

• PERM labor certification answers: “Are there qualified U.S. workers available for this job at this wage?” If DOL finds there aren’t, it certifies the job. PERM also sets the job duties and the job requirements.
• Form I-140 answers: “Does this specific worker meet the job’s requirements, and can this employer pay the wage?” USCIS decides this.

So PERM approves the job. The I-140 approves the match between that job, that employer and you. The law says an EB-3 petition must come with an approved individual labor certification (8 CFR 204.5(l)(3)(i)), which is why the I-140 always comes after PERM.

The EB-3 “Other Workers” Category

EB-3 has three groups: skilled workers, professionals and other workers. eb3.work focuses on other workers, sometimes called unskilled workers.

The State Department describes other workers as people who can fill jobs that need less than two years of training or experience, and the jobs cannot be temporary or seasonal (travel.state.gov). Think of year-round jobs in food processing, manufacturing, cleaning, quick-service restaurants and similar work.

Skilled workers need at least two years of training or experience. Professionals need a U.S. bachelor’s degree or a foreign equivalent. The I-140 form is the same for all three. Your employer checks the box for the right group.

Is the I-140 a Visa or a Green Card?

No. This is one of the most common questions, so it is worth being clear:

• The I-140 is a petition. It requests USCIS to agree that you qualify.
• It gives you no immigration status.
• It gives you no permission to work in the U.S.
• It gives you no right to travel to or enter the U.S.

You get your green card later, through Form I-485 if you are in the U.S., or through an immigrant visa at a U.S. consulate if you are abroad.

Where the I-140 Fits in the EB-3 Process

Here is the full EB-3 path, so you can see where the I-140 sits:

1. Prevailing wage. Your employer requests DOL for the minimum wage for the job with ETA Form 9141. This sets the prevailing wage.
2. Recruitment. Your employer advertises the job to U.S. workers.
3. PERM labor certification. Your employer files ETA Form 9089 and DOL certifies it. See PERM processing time for how long this takes.
4. Form I-140. Your employer files the I-140 with USCIS and it is approved. ← You are here
5. The wait. You wait until your priority date is current in the visa bulletin.
6. The green card application.
   • In the U.S.: you file Form I-485 (adjustment of status).
   • Abroad: your case goes to the National Visa Center (NVC), you file the DS-260, and you go to an interview at a U.S. consulate (consular processing).
7. Green card.

The 180-Day PERM Deadline

An approved PERM does not last forever. It expires if it is not filed with an I-140 within 180 calendar days of the date DOL certified it (20 CFR 656.30(b)(1)).

If the employer misses that window, the PERM is lost. In most cases the whole PERM process must start again, including the wage request and recruitment. That can add many months. If your PERM was approved, it is fair to request an update from your employer on when the I-140 will be filed.

For the full picture, see the EB-3 visa process.

Who Files the I-140, and What Do You Provide?

Your employer files the I-140, not you. The employer completes the form, signs it and sends it to USCIS with the evidence and fees. You don’t fill it out yourself.

In most EB-3 cases, an immigration attorney prepares the petition for the employer. In eb3.work’s program, the attorney represents only the employer, who is the petitioner. The attorney is not your lawyer. In general, any worker may choose to hire their own lawyer for advice about their own case, and that is fine.

Documents You Usually Provide

Even though you don’t file the form, the employer needs information and documents from you. Common items:

• Your passport (the photo page), with your full legal name and date of birth
• Proof of any training or experience the job requires. This is usually a letter from a past employer with your job title, dates and duties. Many other-worker jobs require no experience at all, so you may not need this.
• Education documents, only if the PERM job lists an education requirement
• U.S. immigration documents, if you are already in the U.S. (for example, your I-94 record and visa)

Check Your Information Carefully

USCIS compares the I-140 with the PERM and with your documents. They should match. Watch for:

• Name spelling that differs from your passport
• Dates of birth with the day and month switched
• Experience dates that don’t match what was listed on the PERM

Small mismatches can cause a Request for Evidence (RFE), which slows your case. If you see a mistake in what your employer or their attorney has, tell them right away.

What the Employer Must Prove

USCIS approves an I-140 only if the employer shows three main things.

1. The Employer Can Pay the Wage

The employer must prove it has the ability to pay the offered wage from the priority date until you become a permanent resident (8 CFR 204.5(g)(2)). The usual evidence is the company’s annual reports, federal tax returns or audited financial statements.

Why does this matter to you? Ability to pay is one of the most common reasons for RFEs and denials. A company with weak finances, or one sponsoring many workers at once, may have trouble proving it. You can’t control this, but it is a fair question to ask when you consider a sponsor.

2. You Meet the Job Requirements

For other workers, the petition must show that you meet the education, training, experience and other requirements listed on the labor certification (8 CFR 204.5(l)(3)(ii)(D)). You must have met them by the priority date. Experience you gain later doesn’t count for this petition.

3. The Job Offer Is Real and Matches the PERM

The job must be the same permanent, full-time job that DOL certified: same employer, same duties, same requirements and at least the same wage.

What Is an RFE?

A Request for Evidence is a letter from USCIS asking for more documents before it decides. It is not a denial. The employer (or their attorney) answers it, usually within the deadline USCIS sets. An RFE adds time, but many RFEs end in approval.

I-140 Fees in 2026

These are the current USCIS fees for Form I-140:

Fee	Amount
I-140 filing fee	$715
Asylum Program Fee, most employers	$600
Asylum Program Fee, small employers (25 or fewer full-time-equivalent employees)	$300
Asylum Program Fee, nonprofits	$0
Premium processing (optional)	$2,965

The $715 fee and the Asylum Program Fee are set in 8 CFR 106.2 and took effect on April 1, 2024. The premium processing fee went up from $2,805 to $2,965 on March 1, 2026 (8 CFR 106.4). Fees change, so always check the current USCIS fee before filing.

Who Pays?

• I-140 fees: the employer or the worker. The law doesn’t require the employer to pay the I-140 filing fee, the Asylum Program Fee or premium processing. Either the petitioner (the employer) or the beneficiary (the worker) can pay them. Whoever pays, only the employer or its attorney can sign and file the petition and the premium processing request (USCIS).
• PERM costs: always the employer. The only costs the law requires the employer to pay are the costs of PERM labor certification, including its attorney’s fees for PERM. Employers can’t request payment of these costs from workers (20 CFR 656.12).

For the total cost of the EB-3 process, see our EB-3 visa cost breakdown and our services page.

A safety tip: USCIS fees go to the U.S. Department of Homeland Security, never to a person’s own account. If you’re paying an I-140 fee, make sure you know exactly where the money goes, and request a receipt.

How Long Does the I-140 Take?

There are two speeds:

• Regular processing. Times change often and depend on the USCIS office. Our EB-3 processing times page tracks the current numbers.
• Premium processing. For EB-3 petitions, USCIS must act within 15 business days of receiving the request and fee. The clock stops if USCIS sends an RFE and restarts when it gets the answer (8 CFR 106.4). “Act” can mean an approval, a denial or an RFE.

Be realistic about what premium processing buys you. For EB-3 other workers, the I-140 is rarely the longest wait. The longest wait is usually for your priority date to become current in the visa bulletin. A faster I-140 does not move you up that line.

Your I-140 Is Approved: What Does That Mean?

Approval is real progress. It means USCIS agrees that you qualify for the job and that your employer can pay you. Here is what changes and what doesn’t.

The Approval Notice (Form I-797)

USCIS sends a Form I-797, Notice of Action, to the employer or their attorney. This is your approval notice. Request a copy for your records.

Don’t confuse it with the I-797C receipt notice. That one only says USCIS received the petition. The approval notice says it was approved.

Your Priority Date Is Set

Your priority date is your place in the green card line. For EB-3, it is the date DOL accepted your employer’s PERM application for processing (8 CFR 204.5(d)).

Once your I-140 is approved, you can usually keep that priority date for a later EB-1, EB-2 or EB-3 petition, even with a different employer (8 CFR 204.5(e)). You lose it only in serious cases, for example if USCIS revokes the approval for fraud or willful misrepresentation, or if the labor certification is revoked or invalidated.

What Comes Next Depends on Where You Are

• If you are in the U.S.: you file Form I-485 when your priority date is current. USCIS says each month which visa bulletin chart it will use for employment-based filings, so check before you file.
• If you are abroad: after approval, the petition goes to the National Visa Center, which creates your case (travel.state.gov). When your date is close to current, you pay the visa fees, file the DS-260 and send your documents. Then you have an interview at a U.S. consulate.

How Long Until the Green Card?

It depends on two things: the visa bulletin and your country of birth. For EB-3 other workers, this is usually the longest stage of the process, and it is often measured in years rather than months.

The good news is that your place in line is already saved. From here, the wait is mostly about the line moving forward, not about anything you need to fix. Many workers use this time to gather documents, save money and plan their move. We can’t promise an exact date, but you can follow how the line moves each month.

To see where the line stands this month, read our EB-3 processing times guide or check the official visa bulletin.

Filing the I-140 and I-485 Together (Concurrent Filing)

Some workers can file the I-140 and the I-485 at the same time. This is called concurrent filing. It is only possible if:

• You are in the U.S. and eligible to adjust status, for example in valid H-2B or F-1 status, and
• Your priority date is current on the chart USCIS chooses for that month.

That chart choice changes. During 2026, USCIS has switched between the “Final Action Dates” chart and the “Dates for Filing” chart for employment-based cases. Always check the current month before planning to file.

The benefits: you can file for a work permit (EAD) and travel permission with your I-485, and get them sooner.

The risk: if the I-140 is denied, the I-485 that depends on it is denied too.

Most EB-3 workers who live abroad can’t file concurrently, because they aren’t in the U.S. If you are, see our guides for H-2B workers moving to EB-3 and F-1 students moving to EB-3.

What If the I-140 Is Denied, Withdrawn or Your Job Changes?

Things don’t always go to plan. Here is what each situation means for you.

The I-140 Is Denied

Common reasons include:

• The employer couldn’t prove its ability to pay the wage
• The worker didn’t meet the job requirements by the priority date
• The I-140 didn’t match the PERM

A denial isn’t always the end. The employer can file a motion to reopen or reconsider, file an appeal, or, if the PERM is still valid, file a new petition. These are the employer’s decisions, made with its attorney. A denied petition does not give you a priority date.

The Employer Withdraws an Approved I-140

Sometimes an employer withdraws the petition, for example if the business changes. The timing matters a lot (8 CFR 205.1(a)(3)(iii)(C)):

• Withdrawn less than 180 days after approval: the approval is automatically revoked, unless you have an I-485 that has been pending 180 days or more.
• Withdrawn 180 days or more after approval: the approval is not automatically revoked.

If the approval survives, you can usually keep your priority date. But you still need a valid job offer to finish your green card. That means either a new employer files a new PERM and I-140 for you, or, if you are in the U.S. with a pending I-485, you may be able to use job portability.

Changing Jobs with a Pending I-485 (Job Portability)

This rule only helps workers who are adjusting status in the U.S. If your I-485 has been pending for 180 days or more, and it is based on an approved or pending I-140, you may be able to move to a new permanent job in the same or a similar occupational classification and keep your case going. This is called portability under INA 204(j). You use Form I-485 Supplement J to confirm the new job offer (USCIS).

Talk to an attorney before you change jobs. “Same or similar” has specific rules.

Leaving the Job Before the Green Card

The EB-3 green card is for a future, permanent job offer. If you are abroad, the job must still be available when you get your immigrant visa, and you must intend to take it. If the job disappears or you decide not to take it, your case can’t move forward on that petition. Be honest with your employer about your plans.

Common I-140 Problems and How to Avoid Them

Your Name or Dates Don’t Match

Give your employer documents that match your passport exactly. Review any summary they send you and report mistakes early.

Missing Experience Letters

If the PERM job requires experience, get a signed letter from your past employer early. It should show your title, dates and duties. Old employers can be slow to answer.

The PERM Expired Before the I-140 Was Filed

The I-140 must be filed within 180 days of PERM approval. If your PERM was approved months ago and you haven’t heard about the I-140, request an update from your employer.

The Employer Can’t Show It Can Pay

This is the employer’s job, but it affects you. Before you commit to a sponsor, it is reasonable to ask how long the company has been in business and how many workers it is sponsoring.

The Wrong Category Was Checked

The I-140 must list the right EB-3 group. Other-worker jobs go in the “other workers” box, not “skilled workers.”

You Lost Touch with Your Employer

Your employer and their attorney receive the USCIS notices, not you. Keep your phone number, email and address current with them so you never miss news about your case.

Frequently Asked Questions

Ready to Start Your EB-3 Journey?

An I-140 only happens after an employer agrees to sponsor you. Browse the EB-3 jobs list to see open positions with sponsorship, and read the EB-3 visa process to understand each step from job offer to green card.

Sources

• eCFR: 8 CFR 204.5
• eCFR: 8 CFR 205.1
• eCFR: 8 CFR 106.4
• eCFR: 20 CFR 656.30
• eCFR: 20 CFR 656.12
• USCIS: How Do I Request Premium Processing?
• U.S. Department of State: Employment-Based Immigrant Visas
• U.S. Department of State: Visa Bulletin