I-140 Immigrant Petition for Alien Workers — USCIS Official Page
USCIS provides official guidance on Form I-140, the foundational immigrant petition for employment-based green card categories including EB-3. Employers file this petition to sponsor foreign workers for permanent residence.
Form I-140, Immigrant Petition for Alien Workers, is the cornerstone document in the employment-based green card process. Filed by an employer on behalf of a foreign national worker, it establishes the basis for immigrant classification under categories such as EB-1, EB-2, and EB-3.
For EB-3 applicants specifically, the I-140 must be accompanied by an approved PERM Labor Certification from the Department of Labor, demonstrating that no qualified U.S. workers are available for the position. The petition must also show the employer's ability to pay the offered wage.
Once USCIS approves the I-140, the beneficiary's priority date is established. This date determines their place in the visa queue and is tracked monthly against the Visa Bulletin's Final Action Dates and Dates for Filing charts.
Approval of the I-140 does not immediately grant work authorization or a green card. Applicants must wait until their priority date becomes current before proceeding to the adjustment of status (Form I-485) or consular processing stage.
EB-3 applicants are encouraged to monitor USCIS processing times for I-140 petitions and ensure their employer maintains the petition's validity, particularly if they change jobs or if the sponsoring company undergoes structural changes.
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