# Form I-140: Employment-Based Green Cards Explained

- Link: https://www.lumlawgroup.com/form-i-140-employment-based-green-cards-explained/
- Published: 2026-09-27T04:31:16-07:00
- Author: Albert J Lum

## IMMIGRATION FORMS

# Form I-140: Employment-Based Green Cards Explained

 *  [     September 27, 2026  ](https://www.lumlawgroup.com/2026/09/27/)

How the [employment-based Green Card process](https://www.lumlawgroup.com/employment-visa/)
works, who qualifies under EB-1, EB-2 and EB-3, when an employer must sponsor, how
National Interest Waivers work, when premium processing is available, and why I-
140 approval is only one stage of the Green Card journey.

##  Table of Contents

## Quick Answer

# What Is Form I-140?

**Form I-140 is the USCIS petition used to request classification of a foreign national
as an employment-based immigrant worker.**

The I-140 covers employment-based immigrant classifications including:

 * **EB-1** — priority workers;
 * **EB-2** — professionals with advanced degrees or persons of exceptional ability;
 * **EB-3** — skilled workers, professionals and other workers.

The current USCIS I-140 form identifies classifications including extraordinary 
ability, outstanding professor or researcher, multinational executive or manager,
advanced-degree professionals, exceptional ability, professionals, skilled workers
and other workers. It also includes National Interest Waiver and Schedule A classifications.(
[uscis.gov](https://www.uscis.gov/sites/default/files/document/forms/i-140.pdf?utm_source=chatgpt.com))

The important distinction is:

**I-140 approval establishes the employment-based immigrant petition.**

It does **not**, by itself, grant lawful permanent resident status.

The beneficiary must still complete the final immigrant-visa or adjustment-of-status
process when eligible.

## **Form I-140: Employment-Based Green Cards Explained**

For some immigrants, the path to a Green Card begins with a family relationship.

For others, it begins with a job.

A company finds an engineer it does not want to lose.

A hospital wants to retain a highly qualified physician.

A technology company wants to bring an executive to the United States.

A researcher has built a career that could contribute to American science.

An entrepreneur has developed work with broader economic significance.

In these situations, U.S. immigration law provides employment-based pathways to 
permanent residence.

One of the central forms is **Form I-140, Immigrant Petition for Alien Workers**.

But the I-140 is often misunderstood.

It is not the Green Card.

It is not an employment visa.

It is not automatically filed by every employer-sponsored worker.

And approval of the I-140 does not automatically mean the beneficiary can immediately
become a permanent resident.

The I-140 is fundamentally a petition asking USCIS to recognise that a particular
worker qualifies for a particular **employment-based immigrant classification**.

The category matters.

The employer matters.

The job matters.

The worker’s qualifications matter.

The priority date matters.

And, in many cases, the Department of Labor’s labour-certification process matters
before USCIS ever sees the I-140.

That is why employment-based immigration should be approached as a strategy rather
than a sequence of forms.

## The Employment-Based Green Card Journey

A typical employment-based case may look like:

**Qualifying Job / Worker**

↓

**PERM Labour Certification, if required**

↓

**Form I-140**

↓

**I-140 Approval**

↓

**Priority Date Becomes Current, if required**

↓

**Adjustment of Status or Consular Processing**

↓

**Green Card**

But not every case follows this exact sequence.

Some categories do not require PERM.

Some beneficiaries may self-petition.

Some may qualify for concurrent filing of Form I-485.

Some cases are subject to long visa backlogs.

Some categories may be current.

The first major decision is therefore:

**Which employment-based immigrant category actually fits the worker and the job?**

## **EB-1, EB-2 and EB-3: The Three Major Categories**

The simplest way to understand employment-based immigration is to think of EB-1,
EB-2 and EB-3 as different legal doors.

The question is not simply which door looks attractive.

The question is which door the applicant can legally open.

_Business owner working on her newly open cafe. From concept to reality. _

## **EB-1: Priority Workers**

EB-1 is the first employment-based preference category.

It contains three major classifications.

### EB-1A: Extraordinary Ability

This category is designed for people who have demonstrated **extraordinary ability**
in the sciences, arts, education, business or athletics through sustained national
or international acclaim.

One major distinction:

**An EB-1A beneficiary may self-petition.**

An employer is not necessarily required.

The applicant must present extensive documentation establishing the required level
of recognition and continued work in the area of extraordinary ability. The statutory
framework requires extraordinary ability demonstrated through sustained acclaim 
and extensive documentation. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/foia/National_Interest_Waiver_Adjudication_Guidance.pdf?utm_source=chatgpt.com))

This category is often misunderstood as:

“I am very good at what I do.”

That is not the legal test.

The standard is substantially higher.

A strong professional reputation does not automatically establish extraordinary 
ability.

### EB-1B: Outstanding Professors and Researchers

EB-1B is designed for certain internationally recognised outstanding professors 
and researchers.

Among the requirements are:

 * international recognition as outstanding in a particular academic area;
 * at least three years of experience in teaching or research in that academic area;
 * and qualifying employment in a tenured, tenure-track, comparable university/research
   role or certain qualifying private research positions.

This category is generally **employer-sponsored**, unlike EB-1A.

The distinction between EB-1A and EB-1B is important:

**EB-1A focuses on the individual’s extraordinary ability.**

**EB-1B focuses on the individual’s outstanding academic or research record and 
qualifying employment.**

### EB-1C: Multinational Executives and Managers

EB-1C addresses certain multinational executives and managers.

The category can be particularly relevant to companies expanding operations between
the United States and another country.

A qualifying beneficiary generally must have been employed abroad by the related
entity for at least one year during the required period and must be coming to the
United States to work in a qualifying managerial or executive capacity.

The U.S. and foreign entities must have the appropriate qualifying corporate relationship.

This is therefore not simply:

**“I am a manager.”**

It is a specific multinational-relationship category with detailed corporate and
employment requirements.

For businesses, the organisational structure can be just as important as the employee’s
résumé.

## EB-2: Advanced Degrees and Exceptional Ability

The second employment-based preference category covers:

 * professionals holding advanced degrees; and
 * persons of exceptional ability.

An advanced-degree professional may qualify based on a degree above a baccalaureate
level, or under the applicable equivalent framework for a bachelor’s degree plus
qualifying post-baccalaureate experience.

USCIS describes EB-2 eligibility as requiring qualification as either a member of
the professions holding an advanced degree or a person of exceptional ability. (
[uscis.gov](https://www.uscis.gov/sites/default/files/document/forms/i-140.pdf?utm_source=chatgpt.com))

Unlike EB-1A, the ordinary EB-2 route generally involves:

**job offer + labour certification**

unless a recognised exception applies.

The most important exception for many highly qualified professionals is the **National
Interest Waiver**.

### EB-2 National Interest Waiver

The **National Interest Waiver (NIW)** is one of the most strategically interesting
employment-based categories.

Why?

Because a qualifying NIW can eliminate two traditional requirements:

**the job offer**

and

**the labour certification.**

That means a person may be able to **self-petition**.

USCIS’s January 2025 policy guidance confirms that an EB-2 NIW petitioner does not
need a job offer and may self-petition. However, the person must first qualify for
the underlying EB-2 classification. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250115-Employment-BasedNationalInterestWaivers.pdf?trk=public_post_comment-text&utm_source=chatgpt.com))

The NIW is therefore not simply:

“I have an important job.”

USCIS applies a three-prong framework derived from **Matter of Dhanasar**.

The petitioner must establish:

### **1. The Proposed Endeavour Has Substantial Merit and National Importance**

The focus is on the proposed endeavour itself.

It can involve areas such as:

 * business;
 * science;
 * technology;
 * education;
 * health;
 * culture;
 * entrepreneurship;
 * or other fields.

### **2. The Person Is Well Positioned to Advance the Endeavour**

USCIS may consider:

 * education;
 * skills;
 * knowledge;
 * record of success;
 * plans;
 * progress;
 * customers;
 * investors;
 * users;
 * partnerships;
 * and other evidence.

### **3. On Balance, It Would Be Beneficial to the United States to Waive the Job Offer and Labour Certification**

This is the balancing stage.

USCIS evaluates whether the national interest is better served by allowing the applicant
to pursue the endeavour without the conventional job-offer and labour-certification
requirements.

USCIS’s current NIW guidance specifically describes these three prongs. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250115-Employment-BasedNationalInterestWaivers.pdf?trk=public_post_comment-text&utm_source=chatgpt.com))

## **EB-3: Skilled Workers, Professionals and Other Workers**

EB-3 contains three principal classifications:

### **Skilled Workers**

Workers whose jobs require at least two years of training or work experience, subject
to the applicable regulatory requirements.

### **Professionals**

Workers whose jobs require at least a bachelor’s degree and who meet the applicable
education requirements.

### **Other Workers**

Certain workers performing jobs requiring less than two years of training or experience.

EB-3 is often employer-sponsored and, in the ordinary case, requires a labour certification.

This category can be particularly useful because its requirements are broader than
EB-1 or EB-2.

But that breadth comes with another issue:

**visa availability.**

EB-3 can experience substantial backlogs depending on category and country of chargeability.

## **EB-1 vs EB-2 vs EB-3**

|

**Category**

 |

**General Focus**

 |

**Employer Required?**

 |

**PERM Usually Required?**

 | 
|

**EB-1A**

 |

Extraordinary ability

 |

No

 |

No

 | 
|

**EB-1B**

 |

Outstanding professor/researcher

 |

Yes

 |

No

 | 
|

**EB-1C**

 |

Multinational executive/manager

 |

Yes

 |

No

 | 
|

**EB-2**

 |

Advanced degree / exceptional ability

 |

Usually

 |

Usually

 | 
|

**EB-2 NIW**

 |

Advanced degree / exceptional ability + national interest

 |

No

 |

No

 | 
|

**EB-3 Skilled Worker**

 |

At least 2 years qualifying training/experience

 |

Yes

 |

Usually

 | 
|

**EB-3 Professional**

 |

Bachelor’s-level professional

 |

Yes

 |

Usually

 | 
|

**EB-3 Other Worker**

 |

Certain lower-skill occupations

 |

Yes

 |

Usually

 |

This table is a starting point, not a substitute for category analysis.

A person may appear to qualify for several categories but have very different strategic
prospects in each.

_Business owner working on her newly open cafe. From concept to reality. _

## **What Is PERM Labour Certification? **

For many EB-2 and EB-3 cases, the employer first needs to obtain **Permanent Labour
Certification** through the U.S. Department of Labor.

The PERM process is intended to establish that:

 * there are not sufficient able, willing, qualified and available U.S. workers 
   for the position; and
 * hiring the foreign worker will not adversely affect the wages and working conditions
   of similarly employed U.S. workers.

Once the labour certification is approved, the employer can generally proceed to
the I-140 stage.

USCIS explains that the labour certification must support the employment petition
where required and that the I-140 is used to establish that the worker and offered
position qualify for the requested immigrant classification. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/memos/DOLPermRule060107.pdf?utm_source=chatgpt.com))

The employer’s immigration strategy therefore begins before the I-140 exists.

## **Who Pays for the PERM Process? **

The financial responsibilities associated with PERM are governed by Department of
Labor rules and are different from the USCIS I-140 fee structure.

This matters because an employer-sponsored Green Card involves several distinct 
costs:

**DOL process**

 *  

**USCIS I-140**

 *  

**USCIS premium processing, if used**

 *  

**I-485 or immigrant-visa processing**

 *  

**medical examination and other case costs**

A company should therefore budget for the **whole immigration pathway**, not simply
the price of Form I-140.

## **Who Files Form I-140?**

In most employer-sponsored employment categories, the **employer** files the I-140.

But there are important exceptions.

### **Self-Petition Categories**

Certain classifications permit the worker to self-petition, including:

 * EB-1A extraordinary ability;
 * EB-2 National Interest Waiver.

The distinction is strategically important.

A self-petition can give a professional greater independence from a particular employer.

But it does not eliminate the need to prove every other eligibility element.

## **What Does the Employer Have to Prove? **

For an employer-sponsored case, USCIS examines more than the employee.

The employer must also establish that:

 * the offered position is genuine;
 * the beneficiary meets the requirements;
 * the petition fits the requested classification;
 * and, in many cases, the employer has the **ability to pay the proffered wage**.

Ability to pay can be a significant issue for smaller companies.

USCIS may examine whether the employer:

 * paid the beneficiary at least the proffered wage;
 * had sufficient net income;
 * had sufficient net current assets;
 * or otherwise established the ability to pay under the applicable rules.

USCIS decisions explain that the ability-to-pay analysis begins from the petition’s
priority date and may require financial evidence such as federal tax returns, annual
reports or audited financial statements. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/foia/National-Interest-Waiver-Adjudication-Guidance.pdf?utm_source=chatgpt.com))

This can become particularly important when a business is sponsoring multiple workers.

The company may need to demonstrate its ability to support the proffered wages across
qualifying pending petitions.

## **What Does "Priority Date" Mean?**

The priority date establishes the applicant’s place in the employment-based immigrant-
visa queue when a numerical limitation applies.

For a PERM-based case, the priority date is generally the date the labour certification
application was accepted for processing by the Department of Labor.

For categories that do not require labour certification, the priority date is generally
the date USCIS receives the properly filed I-140.

The priority date becomes important when comparing the applicant’s case with the
monthly **Visa Bulletin**.

And this is where an approved I-140 can still be followed by a substantial wait.

## **I-140 Approval Does Not Guarantee a Green Card**

This is one of the most important concepts in employment immigration.

Imagine an applicant receives:

**I-140 Approval**

That does not necessarily mean:

**I-485 Approval**

The applicant may still be waiting for the priority date to become current.

Employment-based immigrant visas are numerically limited.

The September 2026 Visa Bulletin establishes an annual worldwide employment-based
preference level of **186,317** for FY2026 and provides separate final-action dates
by category and country. ([travel.state.gov](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-september-2026.html?utm_source=chatgpt.com))

This is why employment-based immigration has two different concepts:

**petition eligibility**

and

**visa availability**

They are not the same thing.

## **September 2026: Employment-Based Visa Availability**

The September 2026 Visa Bulletin illustrates why country of chargeability matters.

For **Final Action Dates**, September 2026 lists:

|

**Category**

 |

**All Chargeability Areas**

 |

**China**

 |

**India**

 |

**Philippines**

 | 
|

**EB-1**

 |

Current

 |

01 Jul 2023

 |

15 Oct 2022

 |

**Current**

 | 
|

**EB-2**

 |

Current

 |

01 Sep 2021

 |

Unavailable

 |

**Current**

 | 
|

**EB-3**

 |

01 Sep 2024

 |

01 Jan 2022

 |

01 Jan 2014

 |

**01 Aug 2023**

 |

These are the **September 2026 Final Action Dates**, not universal waiting-time 
promises. ([travel.state.gov](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-september-2026.html?utm_source=chatgpt.com))

The same bulletin separately provides **Dates for Filing**.

For example, September 2026 shows the Philippines at:

 * **EB-1: Current**
 * **EB-2: Current**
 * **EB-3: 01 Jan 2024**

under the Dates for Filing chart. ([travel.state.gov](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-september-2026.html?utm_source=chatgpt.com))

But adjustment applicants must also follow USCIS’s determination of which Visa Bulletin
chart may be used for I-485 filing in a particular month.

**Do not publish these dates as permanent timelines.**

The Visa Bulletin changes monthly.

## **Can You File I-140 and I-485 Together? **

Sometimes.

This is known as **concurrent filing**.

Whether it is available depends on:

 * the immigration category;
 * the applicant’s location;
 * the priority date;
 * and visa availability.

For example, if an employment-based immigrant visa number is immediately available,
an eligible applicant in the United States may be able to file Form I-140 and Form
I-485 together.

But the fact that an I-140 is eligible for premium processing does **not** mean 
the I-485 is automatically accelerated.

They are separate applications.

_Business owner working on her newly open cafe. From concept to reality. _

## **What Is Premium Processing?**

Premium Processing is a USCIS service that provides an expedited adjudicative timeframe
for certain eligible petitions and applications in exchange for an additional fee.

For Form I-140, the current USCIS premium-processing framework provides:

### **15 Business Days**

For:

 * EB-1 extraordinary ability;
 * EB-1 outstanding professor/researcher;
 * EB-2 non-NIW;
 * EB-3 skilled workers;
 * EB-3 professionals;
 * EB-3 other workers.

### **45 Business Days**

For:

 * EB-1 multinational executives/managers;
 * EB-2 National Interest Waiver.

USCIS’s current Form I-907 instructions specify these premium-processing periods.(
[uscis.gov](https://www.uscis.gov/sites/default/files/document/forms/i-907instr.pdf?utm_source=chatgpt.com))

This is a major distinction.

**Premium processing does not mean “approved in 15 days.”**

It means USCIS will take one of the qualifying adjudicative actions within the applicable
premium-processing timeframe.

That action can include:

 * approval;
 * denial;
 * Request for Evidence;
 * or another qualifying action under the premium-processing rules.

## **How Much Does I-140 Premium Processing Cost?**

USCIS currently lists the premium-processing fee for eligible I-140 classifications
at:

**$2,805**

in addition to the standard Form I-140 filing fee and any applicable additional 
USCIS fees. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf?utm_source=chatgpt.com))

The standard I-140 filing fee is currently:

**$715**

USCIS also currently lists an **Asylum Program Fee** of:

 * **$600** for regular petitioners;
 * **$300** for small employers or self-petitioners;
 * **$0** for qualifying nonprofits.

The applicable fee depends on the petitioner. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf?utm_source=chatgpt.com))

Because USCIS fees can change, the live USCIS Fee Schedule should always be checked
immediately before filing.

## **What Happens if USCIS Issues an RFE? **

An **RFE, Request for Evidence**, means USCIS requires additional evidence before
it can complete the adjudication.

For an I-140, an RFE can involve:

 * beneficiary qualifications;
 * degree equivalency;
 * employment experience;
 * ability to pay;
 * job requirements;
 * corporate relationships;
 * labour certification;
 * extraordinary ability evidence;
 * or other eligibility issues.

An RFE is not automatically a denial.

But it is a signal that the initial evidence did not give USCIS enough information
to approve the petition as filed.

The response should be carefully structured around the specific legal issue.

## **What Happens If the I-140 Is Denied?**

A denial does not always mean the worker can never immigrate through employment.

The consequences depend on:

 * the category;
 * the reason for denial;
 * whether another category is available;
 * whether the labour certification remains usable;
 * whether the priority date can be preserved;
 * and whether the beneficiary has another immigration strategy.

In some cases, an I-140 denial reveals that the selected category was simply the
wrong strategic fit.

That is why category selection matters before filing.

## **Does Changing Employers Affect an I-140?**

It can.

The effect depends heavily on:

 * whether the petition has been approved;
 * whether the beneficiary has filed I-485;
 * how long the I-485 has been pending;
 * whether the case is subject to the portability provisions;
 * whether the new position is in the same or a similar occupational classification;
 * and other statutory requirements.

Employment-based portability can become important for certain beneficiaries whose
adjustment applications have been pending for at least 180 days.

But portability should not be described as:

**“Once I-140 is approved, you can change jobs.”**

That is too broad.

The timing and facts matter.

## **Can an Employer Withdraw an Approved I-140?**

Potentially, yes, but the consequences depend on when the withdrawal occurs and 
the relevant immigration circumstances.

An employer’s withdrawal is not necessarily equivalent to the government simply 
erasing every benefit associated with the petition.

Certain rules protect beneficiaries in specific circumstances, including where an
I-140 has been approved for at least 180 days or the associated I-485 has been pending
for at least 180 days.

Because portability and petition revocation rules are technical, this is an area
where the case should be reviewed before an employee resigns or accepts a new position.

## EB-1, EB-2 or EB-3: Which Is Best?

There is no universal answer.

A stronger category is not necessarily the category with the most attractive label.

Consider an experienced technology executive.

They may potentially fit:

**EB-1C**

or perhaps:

**EB-2**

But if the corporate relationship does not satisfy EB-1C requirements, a lower-numbered
category does not help.

Likewise, a highly accomplished entrepreneur may look attractive for:

**EB-1A**

but still need to demonstrate the legal extraordinary-ability standard.

Another professional may qualify for:

**EB-2 NIW**

because their proposed endeavour and national-interest case are unusually strong.

Someone else may have an excellent conventional employer-sponsored case under:

**EB-2 or EB-3 PERM.**

The strongest category is the category that the evidence can actually prove.

Entrepreneur launching a startup

## **A Real-World Scenario: The Multinational Executive**

Imagine a technology company operating in Singapore, the Philippines and the United
States.

One executive has spent several years managing an overseas affiliate.

The company wants to transfer that executive to its American operation.

The obvious question is:

**“Can we sponsor an EB-1C?”**

But the actual analysis needs to examine:

 * the corporate relationship;
 * the foreign and U.S. entities;
 * the employee’s foreign employment;
 * managerial or executive duties;
 * the proposed U.S. role;
 * the organisational structure;
 * and whether the statutory requirements are satisfied.

The lesson:

**The company’s structure becomes part of the immigration evidence.**

_Business owner working on her newly open cafe. From concept to reality. _

## **A Real-World Scenario: The Highly Qualified Professional**

Consider a physician, engineer or technology professional with an advanced degree.

The person has a U.S. job offer.

The employer is willing to sponsor.

An ordinary **EB-2** route may be possible, potentially involving PERM.

But suppose the individual’s proposed work has broader national importance and the
person has a strong record demonstrating they are well positioned to advance that
work.

An **EB-2 NIW** analysis may then be worth considering.

The key issue is not simply whether the applicant has a PhD.

It is whether the entire proposed-endeavour case satisfies the NIW framework.

 

## **A Real-World Scenario: The Skilled Worker**

An employer needs a foreign worker for a skilled position requiring substantial 
training or experience.

The position may fit EB-3 Skilled Worker.

The employer may need to complete PERM labour certification first.

The case then moves to:

**I-140**

and eventually:

**I-485 or Consular Processing**

when the priority date permits.

This can be an effective route.

But EB-3 visa availability can become a major part of the timeline.

A company should therefore plan the recruitment and immigration strategy with the
Visa Bulletin in mind.

## **Employment-Based Green Cards Are Not Just About the Employee**

For employers, I-140 planning can affect:

**Recruitment**

**Retention**

**Workforce planning**

**International transfers**

**Executive succession**

**Business expansion**

**Budgeting**

**Visa strategy**

A company that waits until an employee is already at risk of leaving may have fewer
immigration options.

A better approach is to identify promising candidates early and evaluate:

 * current nonimmigrant status;
 * possible immigrant category;
 * labour-certification requirements;
 * priority-date implications;
 * portability;
 * family derivatives;
 * and long-term citizenship strategy.

Employment immigration is therefore part of workforce strategy.

_Business owner working on her newly open cafe. From concept to reality. _

## **Attorney Perspective: The Job Is Part of the Evidence**

An employment-based immigration case is not just a résumé attached to a government
form.

The **job itself** is part of the legal case.

USCIS may evaluate:

 * what the employer is offering;
 * what the role requires;
 * how the role is structured;
 * whether the employee actually meets those requirements;
 * whether the employer can support the offered wage;
 * and whether the requested immigrant category fits the facts.

This is especially important for senior executives, technical specialists, multinational
managers and entrepreneurs.

A strong professional does not automatically have a strong I-140.

The petition must connect:

**person + position + employer + category + evidence.**

When those five elements align, the case becomes much stronger.

Entrepreneur launching a startup

## **Common I-140 Mistakes **

### **1. Choosing the Category First and Building the Evidence Later**

The evidence should drive the category analysis.

### **2. Assuming EB-1 Means “Top Professional”**

The legal standard is category-specific and, for EB-1A, exceptionally demanding.

### **3. Treating EB-2 NIW as an Automatic Alternative to PERM**

NIW has its own three-prong legal framework.

### **4. Ignoring the Employer’s Ability to Pay**

A strong employee does not cure a weak employer-financial case.

### **5. Using an Incorrect Job Description**

The position must accurately reflect the job and applicable requirements.

### **6. Ignoring Visa Availability**

I-140 approval does not automatically mean a visa number is available.

### **7. Treating Premium Processing as Guaranteed Approval**

Premium processing accelerates the adjudicative action, not the substance of eligibility.

### **8. Assuming I-140 Approval Equals a Green Card**

It does not.

### **9. Ignoring Priority-Date Strategy**

The priority date can be critical in backlogged categories.

### **10. Changing Employment Without Understanding Portability**

An employee should understand the immigration consequences before changing jobs.

### **11. Using Outdated USCIS Fee or Form Information**

USCIS changes fees and form editions. Current filing information must be checked
immediately before submission.

## I-140 Filing Checklist

### **Category**

 * EB-1A, EB-1B or EB-1C evaluated
 * EB-2 evaluated
 * EB-2 NIW evaluated where appropriate
 * EB-3 category evaluated
 * Most defensible category selected

### **Employer-Sponsored Case**

 * Employer qualifies
 * Bona fide position exists
 * Job requirements documented
 * Beneficiary meets requirements
 * PERM completed if required
 * Ability to pay documented
 * Corporate relationship documented where applicable

### **Self-Petition**

 * EB-1A eligibility documented, if applicable
 * EB-2 underlying eligibility established
 * NIW three-prong test addressed, if applicable
 * Proposed endeavour clearly defined

### **Filing**

 * Current Form I-140 edition verified
 * Current filing fee verified
 * Current Asylum Program Fee verified
 * Current filing location verified
 * Premium-processing eligibility checked
 * Current Form I-907 and premium fee verified, if used

### **Green Card Stage**

 * Priority date established
 * Current Visa Bulletin checked
 * USCIS I-485 filing-chart determination checked
 * Consular-processing option assessed
 * Family derivative beneficiaries considered
 * Employment portability strategy considered

![](https://www.lumlawgroup.com/wp-content/uploads/2026/07/A.Justin_Lum.webp)

### About A. Justin Lum

A. Justin Lum has been practicing law since 1993, with more than 30 years of experience
serving clients across a wide range of legal matters. A graduate of the University
of California, Berkeley and UC Davis School of Law, he is also a past President 
of the Southern California Chinese Lawyers Association, continuing a proud family
legacy of leadership in the legal profession.

### Attorney Insight

 At Lum Law Group, we frequently speak with business owners who have already invested
in branding, websites, packaging, and marketing before discovering potential trademark
issues. Addressing these concerns early in the branding process may provide greater
flexibility and help businesses make informed decisions before committing significant
resources. Because every trademark is unique, evaluating eligibility often requires
a careful review of the proposed mark, the goods or services involved, and any potentially
conflicting registrations.

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### Frequently Asked Questions

 What is Form I-140?

Form I-140 is the USCIS petition used to request classification of a foreign national
as an employment-based immigrant worker.

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 Who files Form I-140?

Most employer-sponsored I-140s are filed by the employer. Certain categories, including
EB-1A and EB-2 NIW, can permit the beneficiary to self-petition.

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 What are EB-1, EB-2 and EB-3?

EB-1 covers priority workers, including extraordinary-ability individuals, outstanding
professors/researchers and certain multinational executives/managers. EB-2 covers
advanced-degree professionals and exceptional-ability individuals, including certain
NIW cases. EB-3 covers skilled workers, professionals and other workers.

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 Does EB-2 always require PERM?

No. Ordinary employer-sponsored EB-2 cases generally require labour certification,
but EB-2 National Interest Waiver cases can waive the job-offer and labour-certification
requirements when the statutory framework is satisfied.

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 What is an EB-2 National Interest Waiver?

An EB-2 NIW allows certain qualifying applicants to seek a waiver of the job-offer
and labour-certification requirements and may permit self-petitioning. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250115-Employment-BasedNationalInterestWaivers.pdf?trk=public_post_comment-text&utm_source=chatgpt.com))

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 What is PERM?

PERM is the Department of Labor’s permanent labour-certification process used for
many employer-sponsored EB-2 and EB-3 cases.

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 What is premium processing for I-140?

Premium processing is an optional USCIS service that provides an expedited adjudicative
timeframe for eligible classifications.

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 How fast is I-140 premium processing?

Currently, qualifying EB-1A, EB-1B, EB-2 non-NIW and EB-3 I-140s have a **15-business-
day** premium-processing timeframe. EB-1C and EB-2 NIW have a **45-business-day**
timeframe. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/forms/i-907instr.pdf?utm_source=chatgpt.com))

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 How much does I-140 cost?

The current general I-140 filing fee is **$715**, with an applicable Asylum Program
Fee depending on the petitioner. Premium processing is separately charged at **$
2,805** when available. ([uscis.gov](https://www.uscis.gov/sites/default/files/document/forms/g-1055_2.pdf?utm_source=chatgpt.com))

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 Does premium processing guarantee I-140 approval?

No. It accelerates USCIS’s adjudicative action; it does not guarantee approval.

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 Does I-140 approval mean I get a Green Card?

No. Visa availability and the subsequent adjustment-of-status or immigrant-visa 
process still matter.

 What is a priority date?

The priority date establishes the applicant’s place in line for a numerically limited
employment-based immigrant visa.

 Can I file I-140 and I-485 together?

Sometimes, when the category and visa availability permit concurrent filing and 
the applicant otherwise qualifies for adjustment of status.

 Can I change employers after I-140 approval?

Certain applicants may qualify for a provisional unlawful-presence waiver before
departing the United States for consular processing. Eligibility is highly fact-
specific, and approval does not guarantee visa issuance.

 Can an I-140 beneficiary self-petition?

Yes, in certain categories, including EB-1A extraordinary ability and EB-2 NIW.

 Is EB-1 better than EB-2?

Not automatically. The correct category depends on the evidence, job, employer, 
qualifications, and immigration strategy.

 Is EB-2 better than EB-3?

Not automatically. EB-2 may provide a more favourable category when the applicant
qualifies, but visa availability and the strength of the underlying case must both
be considered.

 Can a small business sponsor an employee?

Potentially. A small business can sponsor workers if the applicable employment-based
requirements are satisfied, including the relevant ability-to-pay and job requirements.

## **The Bigger Picture**

Employment-based immigration is not a single form.

It is a system.

The worker’s qualifications matter.

The employer matters.

The job matters.

The labour market may matter.

The priority date matters.

Visa availability matters.

And the eventual Green Card application matters.

The journey may look like:

### **EB-2 / EB-3 Employer-Sponsored Route**

**Job Opportunity**

↓

**PERM Labour Certification**

↓

**I-140**

↓

**Priority Date**

↓

**I-485 or Consular Processing**

↓

**Green Card

### **EB-1A / EB-2 NIW Self-Petition Route**

**Individual Qualifications**

↓

**I-140 Self-Petition**

↓

**Priority Date**

↓

**I-485 or Consular Processing**

↓

**Green Card**

** **

### **EB-1C Multinational Route**

**Qualifying Corporate Relationship**

↓

**I-140**

↓

**Priority Date**

↓

**I-485 or Consular Processing**

↓

**Green Card**

Each route has a different legal architecture.

That is why employment-based immigration planning should happen before the form 
is filed.

 

## **Final Takeaway **

**Form I-140 is the central USCIS petition behind many employment-based Green Card
cases, but the correct I-140 strategy begins with choosing the right immigrant category.**

EB-1 may be appropriate for extraordinary ability, outstanding professors and researchers,
or qualifying multinational executives and managers.

EB-2 may fit advanced-degree professionals or persons of exceptional ability.

EB-2 National Interest Waiver can provide a self-petition route for qualifying applicants
whose work satisfies the national-interest framework.

EB-3 can provide pathways for skilled workers, professionals and certain other workers.

But the category alone does not determine success.

A strong case connects:

**the worker**

 *  

**the job**

 *  

**the employer**

 *  

**the immigration category**

 *  

**the evidence**

And after I-140 approval, another question remains:

**Is an immigrant visa actually available?**

The September 2026 Visa Bulletin demonstrates why that question matters. Employment-
based categories have different cut-off dates by preference category and country
of chargeability, and those dates can move or retrogress. ([travel.state.gov](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-september-2026.html?utm_source=chatgpt.com))

So the goal should never be simply:

**“Get the I-140 approved.”**

The real objective is:

**Build the strongest employment-based immigration strategy from classification 
through permanent residence.**

## **How Lum Law Group Can Help **

Employment-based immigration requires coordination between the worker, the employer,
USCIS, the Department of Labor and, where applicable, the Department of State.

Lum Law Group can help businesses and professionals evaluate EB-1, EB-2, EB-2 NIW
and EB-3 options, assess sponsorship requirements, prepare or coordinate Form I-
140 filings, address evidence and eligibility issues, and plan the transition from
an approved petition to permanent residence.

**Immigration law is highly fact-specific. This article provides general educational
information and does not constitute legal advice.**

## Disclaimer

This article is provided for informational purposes only and should not be construed
as legal advice. Reading this article does not create an attorney-client relationship.
Trademark laws and USPTO procedures may change, and every matter depends on its 
unique facts. If you have questions about protecting your brand or intellectual 
property, consult with a qualified attorney.

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