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  • May 16, 2026

How to Fill Out USCIS Form I-140 (w/Examples) + FAQs

Yes, you can file USCIS Form I-140, the Immigrant Petition for Alien Workers, by following a clear, line-by-line process that matches your employment-based green card category, attaches the right evidence, and pays the correct filing fees. The form is the cornerstone of the employment-based immigrant visa system under INA §203(b), and a single wrong checkbox can cost you years of wait time, thousands of dollars, and even your priority date.

The hidden problem is that most petitioners treat I-140 like a tax form, when it is actually a legal pleading that must satisfy the evidentiary standards in 8 CFR §204.5. According to USCIS performance data published in fiscal year 2025, roughly 1 in 5 I-140 petitions receives a Request for Evidence, and denial rates for self-petitioned EB-1A and EB-2 NIW cases climbed above 20% last year.

Here is what you will learn in this guide:

What Form I-140 Actually Is and Why It Matters

Form I-140 is the petition that tells U.S. Citizenship and Immigration Services that a foreign national qualifies for one of the employment-based immigrant visa preference categories. The form sits at the heart of the green card pipeline created by INA §203(b) codified at 8 USC §1153(b). Without an approved I-140, no employment-based applicant can adjust status on Form I-485 or consular process abroad.

The form does three things at once. First, it locks in your priority date, which is your place in the visa-number queue tracked monthly by the Department of State Visa Bulletin. Second, it proves the beneficiary meets the statutory requirements for the chosen category. Third, when an employer files, it proves the company can pay the offered wage from the priority date forward, a rule called ability to pay under 8 CFR §204.5(g)(2).

The consequence of a sloppy I-140 is severe. A denial wipes out the priority date unless the case was approvable when filed, and a withdrawal by the employer after 180 days only preserves the priority date, not the H-1B extension benefits under AC21 §106(a). A common misconception is that filing I-140 grants any work authorization. It does not. Work authorization comes from a separate nonimmigrant visa or from a pending I-485 with Form I-765.

The Six EB Categories the I-140 Covers

The form lets you pick from six employment-based preference categories, each with its own evidentiary burden. The EB-1A category for individuals of extraordinary ability requires sustained national or international acclaim and at least three of ten regulatory criteria. EB-1B covers outstanding professors and researchers with a permanent job offer, while EB-1C covers multinational managers and executives transferred from a qualifying foreign affiliate.

The EB-2 category splits into two paths. The standard EB-2 path requires an approved PERM Labor Certification from the Department of Labor plus an advanced degree or its equivalent. The EB-2 National Interest Waiver path waives PERM if the petitioner satisfies the three-prong test from Matter of Dhanasar.

The EB-3 category covers skilled workers with at least two years of training, professionals with a U.S. bachelor’s degree, and Other Workers in unskilled positions requiring less than two years of training. The consequence of choosing wrong is fatal. USCIS will not let you switch categories on the same I-140; you must withdraw and refile, losing time and risking the priority date.

Filing Fees Effective April 1, 2024

The USCIS final fee rule published January 31, 2024 raised the I-140 base filing fee to $715. Most employer petitioners must also pay the $600 Asylum Program Fee, with a reduced $300 rate for nonprofits and a waiver for small employers with 25 or fewer full-time equivalent employees.

Premium Processing under Form I-907 costs $2,805 as of February 2024 and guarantees adjudication or an RFE within 15 business days for most I-140 categories except EB-1C multinational managers, which still allows premium processing under the current schedule. The consequence of underpaying by even one dollar is automatic rejection, which means the petition never receives a receipt and the priority date never locks in.

Step-by-Step Walkthrough of Each Part of Form I-140

The current edition is dated 04/01/2024 and runs nine Parts across roughly 11 pages. You can download the latest version directly from USCIS and the accompanying instructions. Always discard older editions, because USCIS rejects outdated forms under its form acceptance policy.

The form is filled in by the petitioner, which is the U.S. employer in most cases or the self-petitioning beneficiary in EB-1A and EB-2 NIW cases. Each Part has its own purpose, and each field interacts with the others. A small inconsistency, like a different spelling of the company name in Part 1 versus Part 5, can trigger an RFE under the USCIS adjudicator field manual successor, the Policy Manual.

Part 1 — Information About the Person or Organization Filing This Petition

Part 1 identifies the petitioner. If a company files, enter the exact legal name as it appears on the IRS Form SS-4 EIN assignment letter and the FEIN. If a self-petitioner files, enter your full legal name and check the self-petitioner box.

The mailing address must match the address used on tax filings and the I-907 if you premium process. The consequence of mismatched addresses is delayed mail, including the all-important Form I-797 receipt notice, which beneficiaries need for H-1B extensions beyond the six-year cap.

A common misconception is that the petitioner can be a recruiter or staffing client. It cannot. The petitioner must be the employer who will pay wages and exercise control, a rule reinforced in the Neufeld memo on H-1B employer-employee relationships, which USCIS still considers persuasive for I-140 ability-to-pay analysis.

Part 2 — Petition Type

Part 2 is the most consequential page in the entire form. You must check exactly one box from boxes a through k that matches your category. Box a is EB-1A extraordinary ability, box b is EB-1B outstanding professor or researcher, box c is EB-1C multinational executive or manager, box d is EB-2 advanced degree, box e is EB-2 exceptional ability, box f is EB-3 skilled worker, box g is EB-3 professional, box h is EB-3 other worker, box i is the Schedule A Group I or II shortage occupation, and box j is alien of exceptional ability requesting a National Interest Waiver.

The consequence of checking the wrong box is dispositive. In Matter of Wing’s Tea House, 16 I&N Dec. 158 (Reg. Comm’r 1977), discussed throughout the USCIS Policy Manual Volume 6 Part F, the agency held that adjudicators are bound by the category requested, even if the evidence supports a different category.

A real-world example: Priya, an AI researcher with a Ph.D. and 40 citations, checks box d for EB-2 advanced degree without an NIW. Because she has no PERM, USCIS denies. She should have checked box j for the NIW path under Dhanasar.

Part 3 — Information About the Person for Whom You Are Filing

Part 3 collects beneficiary biodata: full legal name, other names used, mailing and physical address, country of birth, country of citizenship, A-Number if any, USCIS Online Account Number, Social Security Number if any, date of birth, gender, and current immigration status. Use the name exactly as it appears on the passport biographic page and any prior USCIS receipts.

The most error-prone field is country of birth, because this country, not country of citizenship, controls visa-number availability under the INA §202(a)(2) per-country cap. A beneficiary born in India but a citizen of Canada is still charged to India unless cross-chargeability applies through a non-Indian spouse.

The consequence of misstating immigration status is severe. If the beneficiary is in the U.S. and you write “B-2” when they are actually out of status, USCIS may flag the file for INA §245(c) adjustment bars, even though I-140 approval itself does not require status.

Part 4 — Processing Information

Part 4 asks where the beneficiary will apply for the green card: adjustment of status inside the U.S. or consular processing abroad through the National Visa Center. Pick consular processing if the beneficiary is overseas or wants to keep options open, and list the U.S. consulate by city and country.

You also list the beneficiary’s spouse and children here, even if they will not immigrate. Omitting a child can later cost them Child Status Protection Act age-out protection under INA §203(h). The consequence of an omitted derivative is that the child may turn 21 and lose eligibility before a corrected I-140 can be filed.

A common misconception is that you must commit to AOS or CP at filing. You don’t. You can change paths later by filing Form I-824 or by withdrawing an I-485 and asking the National Visa Center to take over.

Part 5 — Additional Information About the Petitioner

Part 5 applies mainly to employer petitioners. It asks for the type of business, NAICS code, year established, gross annual income, net annual income, and current number of U.S. employees. These numbers feed directly into the ability-to-pay analysis under 8 CFR §204.5(g)(2).

Use the most recent federal tax return, not state filings or unaudited internal statements. USCIS prefers Form 1120 for C-corps, 1120-S for S-corps, and 1065 for partnerships, paired with audited financials when net income is thin.

The consequence of overstating income is fraud exposure under 18 USC §1546. The consequence of understating income is an RFE asking for additional financial evidence, which can be cured but adds months. Acme Robotics, Inc., with $4 million revenue but only $40,000 net income, should attach payroll records showing it actually paid the proffered wage, satisfying the Matter of Sonegawa, 12 I&N Dec. 612 (Reg. Comm’r 1967) totality-of-circumstances test.

Part 6 — Basic Information About the Proposed Employment

Part 6 lists the job title, SOC code, NAICS code, nontechnical job description, full-time or part-time status, wages offered, and worksite address. The proffered wage must equal or exceed the prevailing wage listed on the certified PERM ETA-9089 for PERM-based cases.

A common misconception is that the employer can lower the wage after PERM certification. It cannot. The wage on the I-140 must equal or exceed the PERM wage, and any later reduction triggers a revocation under 8 CFR §205.2.

The consequence of a worksite mismatch matters for H-1B portability. If the I-140 worksite differs from the H-1B Labor Condition Application, the beneficiary may need a new LCA before starting work, which delays onboarding by weeks.

Part 7 — Information on Spouse and All Children of the Person for Whom You Are Filing

Part 7 expands the family list from Part 4 with full biographic details. List every child, including those born after PERM certification, because INA §203(d) treats them as derivative beneficiaries automatically.

Stepchildren qualify if the marriage occurred before the child’s 18th birthday under INA §101(b)(1)(B). Adopted children qualify if the adoption was finalized before age 16 and the child has lived in the adoptive parent’s legal custody for two years.

The consequence of omitting a derivative is loss of CSPA protection. Mateo, a 19-year-old derivative, can stay under 21 for visa purposes only if his parent’s I-140 was filed and approved while he was still under 21, and only if he seeks to acquire permanent residence within one year of visa-number availability.

Part 8 — Statement, Contact Information, Declaration, and Signature of the Petitioner or Authorized Signatory

Part 8 is the legal signature block. The petitioner — not the attorney — signs under penalty of perjury. For a corporation, the signer must be an officer with authority to bind the company, such as the CEO, CFO, or HR director with a written delegation.

A handwritten ink signature is mandatory. USCIS allows reproduced signatures since the March 2020 policy update, but stylus or typed signatures will trigger rejection. The consequence of an unsigned form is rejection without a receipt, meaning no priority date.

Part 9 — Additional Information

Part 9 is the overflow page. Use it for any answer that did not fit, such as additional names used by the beneficiary, additional employers for ability-to-pay aggregation, or a brief explanation of any yes answer to inadmissibility-style questions.

The consequence of leaving Part 9 blank when you needed it is that the adjudicator may assume incomplete disclosure. Always cross-reference the Part and Item Number when you continue an answer here.

Three Real-World Scenarios with Filing Choices and Outcomes

The choices you make on the I-140 ripple through the rest of the green card process. The table below illustrates the three most common fact patterns and what happens under each.

Filing Choice Resulting Outcome
Self-petition EB-1A under box a with strong media and judging evidence Priority date locks immediately, no PERM needed, premium processing available, concurrent I-485 filing allowed when visa numbers are current
Employer files EB-2 PERM under box d with certified ETA-9089 Priority date is the PERM filing date, ability-to-pay must be shown from PERM filing forward, beneficiary keeps H-1B extensions past six years under AC21 §104(c)
Employer files EB-3 Other Worker under box h for an unskilled role Priority date locks but EB-3 Other Worker visa numbers retrogress severely, often 10+ years for India and China per the current Visa Bulletin

Scenario Deep Dive: EB-1A Self-Petition

Anjali Rao, a quantum computing scientist, files her own I-140 under EB-1A. She checks box a in Part 2, lists herself in Part 1 as the self-petitioner, and attaches evidence under at least three of the ten Kazarian criteria: published material about her in Nature, judging at NeurIPS, and original contributions cited 600 times.

USCIS applies the two-step Kazarian framework. First, count whether at least three criteria are satisfied. Second, perform a final merits determination of sustained acclaim. Anjali pays the $715 filing fee plus the $2,805 premium processing fee and receives an approval in 14 business days.

Scenario Deep Dive: EB-2 NIW for an Entrepreneur

Diego Alvarez, a clean-energy founder with a master’s degree, self-petitions under EB-2 NIW by checking box j. He must satisfy all three Dhanasar prongs: substantial merit and national importance, well-positioned to advance the endeavor, and on balance beneficial to waive the job offer and PERM.

Diego attaches a detailed business plan, a Department of Energy grant award, customer contracts, and expert letters. The consequence of weak prong-two evidence is denial, because USCIS has tightened NIW scrutiny under the January 2025 Policy Manual update on entrepreneurs.

Scenario Deep Dive: EB-3 Professional via PERM

Helena Nowak, a registered nurse from Poland, has a U.S. bachelor’s degree and a hospital sponsor. The hospital files PERM, receives certification in nine months, and then files I-140 under box g for EB-3 Professional. The hospital pays $715 plus the $600 Asylum Program Fee, attaches the original ETA-9089, Helena’s degree evaluation, and audited financials showing ability to pay.

Because nursing is a Schedule A Group I occupation, the hospital could have skipped PERM entirely by checking box i. Choosing the longer PERM path cost roughly nine months of priority-date delay.

Evidence Requirements by Category

The right evidence package depends entirely on which Part 2 box you checked. Each category has its own regulatory checklist, and missing even one item triggers an RFE under 8 CFR §103.2(b)(8).

EB-1A Evidence

Submit either evidence of a one-time achievement like a Nobel Prize, Olympic medal, Pulitzer, or Oscar, or evidence satisfying at least three of ten regulatory criteria listed at 8 CFR §204.5(h)(3). The criteria include lesser nationally or internationally recognized prizes, membership in associations requiring outstanding achievement, published material about the petitioner, judging the work of others, original scholarly contributions of major significance, authorship of scholarly articles, display of work at artistic exhibitions, leading or critical role for distinguished organizations, high salary, and commercial success in the performing arts.

The consequence of stretching weak criteria is a final-merits-determination denial even if you check three boxes. Matter of Price, 20 I&N Dec. 953 (Assoc. Comm’r 1994), shows that quantity does not substitute for quality.

EB-2 NIW Evidence

Satisfy the three Dhanasar prongs with evidence of substantial merit, national importance, your unique positioning, and the balance of equities. Use peer-reviewed publications, citation counts, government grants, letters from independent experts, evidence of adoption of your work by industry, and a STEM-focused endorsement under the January 2022 USCIS update.

EB-2 and EB-3 PERM Evidence

Attach the original certified ETA-9089 signed by the employer, beneficiary, and attorney. Add degree certificates, transcripts, a credentials evaluation where the degree is foreign, employment verification letters covering the experience required by the PERM, and ability-to-pay documents.

Mistakes to Avoid

The following errors cause the bulk of I-140 denials and RFEs in adjudications tracked by the USCIS Ombudsman annual reports.

  • Filing on an outdated form edition, which causes outright rejection under the USCIS form acceptance policy, so always download the latest from USCIS.gov on the day you file.
  • Underpaying fees by missing the $600 Asylum Program Fee for for-profit employers with more than 25 employees, which results in rejection and lost priority date.
  • Checking the wrong category box in Part 2, which dooms the petition because USCIS will not re-categorize sua sponte.
  • Submitting unsigned forms or stylus signatures, which triggers automatic rejection under the USCIS signature policy.
  • Failing to prove ability to pay from the priority date forward, which violates 8 CFR §204.5(g)(2) and causes RFEs about tax returns and W-2s.
  • Mismatching the job title, SOC code, or duties between PERM and I-140, which prompts revocation under 8 CFR §205.2.
  • Listing experience the beneficiary gained with the same employer without the substantially different job exception, which voids the PERM and the I-140.
  • Forgetting to include derivative children in Part 4 and Part 7, which strips them of CSPA age-out protection.
  • Using a translation that lacks a certified translator’s statement under 8 CFR §103.2(b)(3), which causes evidence to be discarded.
  • Filing concurrent I-485 when visa numbers are not current under the Visa Bulletin Final Action Dates, which leads to I-485 rejection even though the I-140 is fine.

Do’s and Don’ts of I-140 Filing

The following points come directly from USCIS Policy Manual Volume 6 and the AAO non-precedent decisions database.

Do’s

  • Do download the form fresh on filing day, because USCIS rejects superseded editions and you lose your priority date.
  • Do pay both the filing fee and the Asylum Program Fee with separate checks if you want clear receipts, because rejected fees rejection delays everything.
  • Do file premium processing on Form I-907 for fast adjudication, because the 15-business-day clock locks USCIS into either an approval, RFE, NOID, or denial.
  • Do submit a detailed exhibit list with tabbed exhibits, because organized petitions reduce adjudicator confusion and RFE risk.
  • Do keep certified copies of every document you submit, because USCIS does not return originals and you may need them for I-485 or consular processing.

Don’ts

  • Don’t rely on the company’s gross revenue alone for ability-to-pay, because USCIS uses net income or net current assets, not revenue, under Matter of Sonegawa.
  • Don’t include puffery in expert letters, because USCIS gives little weight to conclusory statements per Kazarian.
  • Don’t list a worksite that does not exist on the date of filing, because that violates the bona fide job offer requirement under 20 CFR §656.10.
  • Don’t sign before the petitioner reviews the form, because the petitioner — not the attorney — bears criminal liability for false statements.
  • Don’t combine I-140 and I-485 fees into one check, because if one form is rejected, the other gets returned too.

Pros and Cons of Each Major EB Category

The choice of category is strategic. The table below highlights the trade-offs that matter most for petition success and timeline.

Pros

  • EB-1A allows self-petition with no employer and no PERM, saving roughly 12 months of processing.
  • EB-2 NIW also allows self-petition, ideal for founders, researchers, and physicians serving underserved areas.
  • EB-2 PERM has shorter Visa Bulletin backlogs than EB-3 for some countries in some months, depending on retrogression cycles.
  • EB-3 Skilled is easier to qualify for because it requires only two years of training, helping beneficiaries with associate degrees.
  • EB-1C lets multinational companies transfer executives without PERM, mirroring the L-1A standards.

Cons

  • EB-1A demands a very high evidentiary bar, and self-petitioners face denial rates above 20% in fiscal year 2025 USCIS data.
  • EB-2 NIW requires three Dhanasar prongs, and weak prong-two evidence often dooms otherwise strong cases.
  • EB-2 PERM requires a 9-to-18-month PERM Labor Certification, adding cost and time.
  • EB-3 Other Worker has crushing backlogs, with India waiting more than a decade for a visa number.
  • EB-1C requires a qualifying multinational corporate structure, which small startups rarely have at filing.

Premium Processing, Concurrent Filing, and Portability

Premium Processing on Form I-907 is available for most I-140 categories, including EB-1A, EB-1B, EB-2, and EB-3, with a 15-business-day service guarantee in exchange for a $2,805 fee. EB-1C multinational manager petitions are also eligible under the expanded coverage rolled out in 2023.

Concurrent filing of I-140 and I-485 is allowed when a visa number is immediately available under the Final Action Dates or Dates for Filing chart. The benefit is faster I-765 employment authorization and I-131 advance parole for the beneficiary and family.

AC21 §106(a) and §104(c) allow H-1B extensions in one-year increments past the six-year cap when an I-140 is pending or approved with a backlogged priority date, and three-year increments when the I-140 is approved. The consequence of a withdrawn I-140 within 180 days of approval is loss of these AC21 benefits, as USCIS holds in its February 2016 portability rule.

A common misconception is that I-140 portability under AC21 §106(c) lets you change jobs immediately after approval. It only applies after I-485 has been pending 180 days, and only to a same or similar occupation under the Matter of Al Wazzan and the 2016 final rule.

Responding to RFEs, NOIDs, Denials, and Revocations

If USCIS issues a Request for Evidence under 8 CFR §103.2(b)(8), you typically have up to 87 days to respond. Submit a complete, indexed response that addresses every issue raised, attaches new evidence, and includes a cover legal brief with citations.

A Notice of Intent to Deny gives you 30 days to respond. The consequence of missing the deadline is denial without further notice. A denial can be challenged by filing Form I-290B Notice of Appeal or Motion within 30 days, sending the case to the Administrative Appeals Office.

Revocation under 8 CFR §205.2 can happen automatically when the employer goes out of business or withdraws within 180 days of approval, or for cause when USCIS finds fraud. The consequence of a for-cause revocation is loss of the priority date and possible referral to ICE Homeland Security Investigations.

Recap of Key Court and AAO Rulings

The leading authorities every petitioner should know are: Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), establishing the two-step EB-1A framework; Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), creating the three-prong NIW test that replaced NYSDOT; Matter of Sonegawa, 12 I&N Dec. 612 (Reg. Comm’r 1967), establishing the totality-of-circumstances ability-to-pay test; Matter of Price, 20 I&N Dec. 953 (Assoc. Comm’r 1994), warning against criterion-counting without quality analysis; and Matter of Al Wazzan, 25 I&N Dec. 359 (AAO 2010), defining what valid I-140 means for AC21 portability.

Where to File and Mailing Logistics

USCIS publishes direct filing addresses on its I-140 page that vary by category and by whether you file alone or concurrently with I-485. Use the USCIS lockbox for paper filings, and use myUSCIS for online filing where available.

Express courier is strongly recommended over USPS, because the lockbox accepts FedEx, UPS, and DHL and creates a tracked chain of custody. The consequence of an unconfirmed delivery is no priority date until the next attempt.

A common misconception is that you can email or fax the form. You cannot. Even Premium Processing requires Form I-907 and a paper packet unless the case is filed online through myUSCIS.

FAQs

Can I file Form I-140 without a job offer?

Yes. You can self-petition without a job offer under EB-1A extraordinary ability or EB-2 National Interest Waiver. Every other EB category requires a U.S. employer sponsor and, usually, a certified PERM Labor Certification.

Do I need an attorney to file I-140?

No. USCIS allows self-represented filings, but the legal standards are technical and denial rates are high. Most successful self-petitioners use an accredited representative or attorney.

Does I-140 approval grant work authorization?

No. I-140 approval does not authorize work or stay. Work authorization comes from a separate nonimmigrant visa, an EAD via Form I-765, or a pending I-485.

Can I premium process all I-140 categories?

Yes. USCIS now accepts Form I-907 for EB-1A, EB-1B, EB-1C, EB-2, EB-2 NIW, and EB-3 petitions under the 2023 expansion, with a 15-business-day clock and a $2,805 fee.

Can I keep my priority date if my I-140 is revoked?

Yes. You keep the priority date if revocation is not for fraud, misrepresentation, or USCIS error, under 8 CFR §204.5(e). Fraud-based revocation destroys the priority date.

Can I change employers after I-140 approval?

Yes. Under AC21 §106(c), you may change to a same-or-similar occupation after I-485 has been pending 180 days. You must file Form I-485 Supplement J confirming the new offer.

Does my child age out at 21 even if my I-140 is approved?

No. The Child Status Protection Act freezes the child’s age by subtracting I-140 pendency time, provided the child seeks to acquire status within one year of visa-number availability.

Can I file Form I-140 online?

Yes. USCIS now accepts certain I-140 categories through myUSCIS online filing, including standalone I-140s in many categories, with the same fees and adjudication standards.

Can I file two I-140s at the same time?

Yes. You can file in multiple categories simultaneously, such as EB-1A and EB-2 NIW, to maximize approval odds. You pay the full filing fee and Asylum Program Fee for each petition.

Does an I-140 denial affect my H-1B status?

No. An I-140 denial does not by itself end H-1B status, but it eliminates AC21 §104(c) three-year extensions and may strip §106(a) one-year extensions if no other I-140 is pending.

Can my employer withdraw an approved I-140?

Yes. Employers can withdraw at any time, but withdrawal more than 180 days after approval still preserves the priority date and AC21 portability for the beneficiary under the 2016 retention rule.

Do I need a labor certification for every EB-2 petition?

No. EB-2 NIW waives the PERM Labor Certification requirement under INA §203(b)(2)(B) when the three Dhanasar prongs are met, while standard EB-2 always requires PERM.

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