Form I-140 – Immigrant Petition for Alien Worker

TITLE: Form I-140 – Immigrant Petition for Alien Worker

WHAT IT IS:

Form I-140 asks the U.S. government to let a foreign worker (called “the beneficiary”) apply to become a lawful permanent resident (get a Green Card). It is usually filed by an employer, but some workers can file for themselves. It is the first step in many employment-based Green Card paths.

WHO NEEDS IT:

- An employer who wants to sponsor a permanent worker.

- A foreign worker who qualifies to self-petition (for example, someone with extraordinary ability, or someone applying under a national interest waiver).

These categories are listed in the form’s “Petition Type” section (Part 2). If you are not sure which category fits you, check the detailed requirements in the USCIS Policy Manual (Volume 6, Parts E and F) or ask a lawyer.

HOW TO FILE:

You have two choices—online or by mail. Follow the steps for the option that fits your situation.

1. Filing online

- This is only allowed if you file Form I-140 alone (a standalone petition). You may include Form G-28 (if you use an attorney or accredited representative).

- Do not include Form I-485 (adjustment of status application) or any other form with your online filing. If you upload I-485 as supporting evidence, USCIS will not accept or process it.

- If you want premium processing later, you can still mail Form I-907 after filing I-140 online.

- First, create a USCIS online account or log in if you already have one. Then file the form electronically.

2. Filing by mail (paper)

- You must file by mail if you are submitting Form I-140 together with another form (for example, Form I-485, or Form I-907 for premium processing at the same time).

- Check the “Direct Filing Addresses for Form I-140” page on the USCIS website to know exactly where to mail your package.

3. Assemble your package correctly

If mailing Form I-140 together with Form I-485, keep the two form packages separate. Do not mix their supporting documents. USCIS recommends this order for each form package:

- Check, money order, or Form G-1450 (credit card payment)

- Form G-1145 (e-notification request, if you want it)

- Form G-28 (if using an attorney or representative)

- The form itself (I-140 or I-485)

- Supporting documents for that form

4. Provide all required information

The form will be rejected if certain parts are incomplete or missing. Make sure you fill in:

- Part 1: Family name OR company/organization name; mailing address; IRS Employer Identification Number or Social Security number (except for beneficiaries in the extraordinary ability or national interest waiver categories).

- Part 1, Question 5: Choose “Yes” or “No” about non-profit/government research status (self-petitioners should select “No”).

- Part 1, Question 6: Choose “Yes” or “No” about number of full-time employees (self-petitioners should select “Yes”).

- Part 2: Petition Type.

- Part 3: Date of birth of the person you are filing for.

- Part 8: Contact information, certification, and the petitioner’s or authorized signatory’s signature.

5. Watch the labor certification deadline (if applicable)

If your petition is based on an approved labor certification from the Department of Labor, that certification expires 180 days after it is approved. USCIS must receive your Form I-140 before the certification expires. If the expiration date falls on a Saturday, Sunday, or legal holiday, they will accept it on the next business day. After that, the petition will be rejected.

FEES:

The filing fee for Form I-140 is listed on the USCIS Fee Schedule page. The source text does not give a specific dollar amount. Additionally, an Asylum Program Fee may be required. If you qualify as a non-profit or small employer, you may pay a reduced Asylum Program Fee; your answers to Part 1, Questions 5 and 6 help determine this. If you pay the full $600 Asylum Program Fee with your petition and do not mark that you qualify for a reduction, USCIS will accept that full payment. Always check the current fee schedule to know the exact amounts.

CURRENT EDITION & DEADLINES:

The form edition date is 06/07/24 (found at the bottom of the form pages). You must use this edition for paper filing, with the date and page numbers visible on every page. If any page is from a different edition or missing, USCIS may reject your form. Standalone Form I-140 (not tied to a labor certification) may be filed at any time. Labor certifications expire 180 days after certification, so file in time.

COMMON MISTAKES:

- Using an outdated or incomplete form. Print the form so the edition date and page numbers show on all pages, and make sure every page is from the same edition.

- Missing required fields. The form will be rejected if you leave blank the family/company name, mailing address, employer ID or SSN (when required), Questions 5 and 6, Petition Type, date of birth, or signature.

- Mixing up online and mail rules. You cannot file Form I-485 online together with I-140. If you file online, do not upload I-485 as evidence. If you need to file both at the same time, you must mail them.

WHERE TO GET THE FORM:

Always download the form and instructions directly from the official USCIS website: [https://www.uscis.gov/i-140](https://www.uscis.gov/i-140). Never use a copy from another website.

SOURCE: https://www.uscis.gov/i-140

DISCLAIMER: General info from USCIS, not legal advice — always verify on the official page and consult a licensed immigration attorney for your case. English is authoritative.