October 27, 2025

Form I-140 Explained: The Immigrant Petition for Alien Worker

After a U.S. employer completes the PERM labor certification, the next major milestone in an EB-3 green card case is Form I-140. This is the petition that formally asks the U.S. government to recognize you as the intended worker for a permanent job. Understanding Form I-140 — who files it, what it does, and what it establishes — helps you follow your case and prepare informed questions for a licensed immigration attorney.

This post explains Form I-140 in plain English. It is general information, not legal advice.

What Form I-140 Is

Form I-140 is officially called the Immigrant Petition for Alien Worker. It is filed with U.S. Citizenship and Immigration Services (USCIS). For EB-3 cases (and EB-2 cases), the I-140 is the petition that ties together three things:

The employer’s job offer for a permanent, full-time position,
The approved labor certification (or Schedule A designation) from the Department of Labor, and
You, the beneficiary, as the person who meets the job’s requirements.

Approval of the I-140 is a significant step forward, but on its own it does not grant a green card, work authorization, or the right to live in the United States. It is a building block toward the final immigrant visa or adjustment of status.

Who Files Form I-140

For EB-3, the employer files the I-140 as the petitioner. You cannot self-petition in the EB-3 category. The employer must generally have an approved PERM labor certification in hand first (except for Schedule A occupations such as professional nurses and physical therapists, where an uncertified ETA-9089 may be filed with the I-140 directly).

The employer is responsible for submitting the petition, paying the associated filing fee, and providing supporting evidence.

What Form I-140 Establishes: Your Priority Date

One of the most important things connected to your case is the priority date. In an EB-3 case that requires labor certification, your priority date is generally the date the Department of Labor accepted the PERM filing (Form ETA-9089). The I-140 petition carries that priority date forward.

Your priority date determines your place in line for a visa number. Because employment-based green cards are limited each year — and subject to per-country caps of roughly 7% — you generally must wait until your priority date becomes current on the monthly Visa Bulletin before you can take the final step toward permanent residence. The wait depends on your category and your country of chargeability (usually your country of birth), and it changes every month.

What USCIS Reviews

When USCIS reviews the I-140, it looks closely at two areas in particular.

The Employer’s Ability to Pay

The employer must show it can pay the offered wage from your priority date onward. USCIS typically expects evidence such as annual reports, federal tax returns, or audited financial statements. Bank statements alone are generally not sufficient. Inability to demonstrate ability to pay is one of the most common reasons for a Request for Evidence (RFE) or denial.

Whether You Meet the Requirements

USCIS also checks that you genuinely meet the education, training, and experience requirements stated in the labor certification. If the certified job requires a specific degree or a set number of years of experience, you must be able to document that you actually have it.

Premium Processing

For many petitions, USCIS offers premium processing (requested with Form I-907), which provides faster adjudication for an additional fee. The processing commitment and fee change over time, so verify the current figures and eligibility on the official USCIS pages before relying on them.

Frequently Asked Questions

Does an approved I-140 mean I have a green card? No. An approved I-140 is an important step, but it does not grant a green card, work authorization, or legal status by itself. You still generally need a current priority date and must complete either adjustment of status or consular processing.

Can I file Form I-140 for myself? Not in the EB-3 category. The employer must file the I-140 as your petitioner. EB-3 does not allow self-petition.

What is a priority date and where does it come from? Your priority date is your place in line for a visa. In a labor-certification EB-3 case, it is generally the date the DOL accepted the PERM filing. You track it against the monthly Visa Bulletin.

Why do some I-140 petitions get denied or receive an RFE? Common reasons include the employer failing to prove its ability to pay the offered wage, the worker not clearly meeting the job’s stated education or experience requirements, or problems with the underlying PERM recruitment. An attorney can help the employer prepare strong evidence.

A Few Important Reminders

Immigration outcomes are never guaranteed. No employer, agency, or attorney can promise you a job, an approved petition, a green card, or a specific timeline — these depend on your individual facts, government processing, and visa availability.

Government fees, forms, and processing rules change over time. Verify any current fee, form edition, or processing time at the official USCIS pages linked below before relying on it.

This article is for informational purposes only and is not legal advice. For guidance about your specific situation, please consult a licensed U.S. immigration attorney and rely on the official government sources below.

Sources

U.S. Citizenship and Immigration Services — Form I-140, Immigrant Petition for Alien Worker: https://www.uscis.gov/i-140
U.S. Citizenship and Immigration Services — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
U.S. Citizenship and Immigration Services — Visa Availability and Priority Dates: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates
U.S. Department of State — The Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
U.S. Citizenship and Immigration Services — Form I-907, Request for Premium Processing: https://www.uscis.gov/i-907