1. What is the I-140 Petition?
After the PERM Labor Certification is approved by the U.S. Department of Labor, the next step in the employment-based green card process is for the U.S. employer to file Form I-140, the Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).

This petition serves two major purposes:
It proves that the employer has a permanent job offer for the foreign worker.

It demonstrates that the employer has the financial ability to pay the offered wage (as stated in the PERM) from the priority date onward.

2. How It’s Filed

The employer, or their authorized immigration attorney, files Form I-140 online or by mail with USCIS. The petition includes:

A copy of the approved PERM Labor Certification

Proof of the employer’s ability to pay (such as tax returns, annual reports, or audited financial statements)

Documents supporting the foreign worker’s qualifications (degrees, experience letters, etc.)

Filing fee and optional premium processing fee (if faster processing is requested)

If premium processing is selected, USCIS will adjudicate the case within 15 calendar days.

3. I-140 Approval Time

Standard Processing: Typically takes 5-12 months

Premium Processing: Takes 15 calendar days (available for most EB-2 and EB-3 categories)

If USCIS needs additional evidence (RFE), the timeline may be extended.

What Happens After I-140 Approval?
Once the I-140 is approved, the next step depends on the foreign worker’s priority date and whether a visa number is available based on their country of birth and category:
If a visa is available, the worker can apply for a Green Card either through:

Adjustment of Status (Form I-485) if they are in the U.S., or

Consular Processing (DS-260) if they are outside the U.S.

We can help you determine the right pathway and guide you through the final stage of your immigration journey.