I-140 Petitions: Everything You Need to Know

• You have international recognition as an outstanding researcher or professor. You have at least three years of experience researching or teaching in your field of expertise.

• You were employed by a firm for at least one year in the three years before filing Form I-140. You seek to enter the U.S. to continue working in a managerial capacity for the same employer.

• You have an advanced degree or exceptional ability in arts, athletics, business, education, or sciences. Your exceptional ability will benefit the U.S. economy, welfare, and cultural or educational interests.

• You are a skilled worker that requires at least two years of specialized training in your skill. You are coming to perform work for which no qualified U.S. workers are available.

• You are a member of a profession with a baccalaureate degree.

• You are an unskilled worker who requires less than two years of specialized training or experience. You are coming to perform work for which no qualified U.S. workers are available.

• You are a member of the profession with an advanced degree or exceptional ability in arts, sciences, or business. You seek an exemption from the National Interest Waiver (NIW) job offer requirement.

Filing an I-140 Petition

The I-140 petition process typically begins with your employer filing Form I-140 on your behalf. The petition may be filed online or by mail. However, you may complete the form yourself in certain cases.

Consular processing can be used to complete the rest of the application process once the USCIS approves it. The petition will be transferred to the National Visa Center (NVC) upon approval. You must complete and submit the NVC’s online application form for an immigrant visa. Your petition will be held until an immigrant visa is available at the NVC.

Form I-140 processing fees are $700 and are non-refundable, regardless of what the USCIS decides. You may also have to pay $325 for processing the DS-260 form and $85 for biometric services.

All necessary documents and supporting evidence must be attached when submitting the DS-260 form. All foreign language documents must be translated into English. Once the NVC has reviewed your application and documents, your case will be sent to the U.S. consulate in your country if you are eligible.

Once your priority date becomes current, the NVC will schedule your interview with a consular officer. If the consular office approves your application, you will receive a visa packet. You must present the sealed packet to the immigration officer at the port of entry. You must pay the USCIS immigrant fee of $220 before traveling to the United States.

A Customs and Border Protection officer will determine whether to grant you admission at the port of entry.

Form I-140 Processing Time

The USCIS processing time for I-140 petitions depends on your visa category and the USCIS service center. The USCIS periodically updates the processing times on its online webpage. You can review the current case processing times for your I-140 petition here.