Form I-140 (Immigrant Petition for Alien Workers)
Form I-140, Immigrant Petition for Alien Workers, is the petition filed with USCIS to classify a foreign worker for an employment-based green card in the EB-1, EB-2, or EB-3 category. Usually the employer files it; some applicants can file for themselves.
How it works
In most EB-2 and EB-3 cases, the employer first gets an approved PERM labor certification and must show it can pay the offered wage. EB-1A extraordinary ability and EB-2 national interest waiver applicants can self-petition without PERM.
As of September 2026, the base filing fee is $715 on paper or $665 online, plus an Asylum Program Fee of $600 for most employers ($300 for small employers and self-petitioners, $0 for nonprofits), per USCIS Form G-1055. Premium processing is available.
Once approved, an I-140 generally lets you keep its priority date if you change jobs. After 180 days it is not automatically revoked if the employer withdraws it, and it can support H-1B extensions beyond six years. See EB-2 and EB-3.
Frequently asked questions
Can I file I-140 and I-485 together?
Yes, if your priority date is current when you file.
What happens if I leave my job after the I-140 is approved?
After 180 days, the approval usually stays valid for priority date purposes even if the employer withdraws it.
Who pays the I-140 fee?
The employer usually pays, though rules only require the employer to pay PERM costs.
Official sources
- USCIS: Form I-140uscis.gov
- USCIS: Fee schedule (G-1055)uscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.