One of the most common questions from people interested in the EB-3 employment-based immigration program is:
"Once Form I-140 is approved, does that mean I've already received my immigrant visa?"
In reality, although I-140 approval is a very important milestone in the immigration process, it does not mean that an immigrant visa has already been issued.
To better understand this, let's take a closer look at the role of Form I-140 in the EB-3 process and what happens after USCIS approves the petition.
What Is Form I-140?
Form I-140 (Immigrant Petition for Alien Worker) is an immigrant petition filed by a U.S. employer with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a foreign worker.
When reviewing Form I-140, USCIS primarily evaluates whether:
- The employer is qualified to sponsor the foreign worker.
- The offered position complies with the requirements of the EB-3 program.
- The employer has the financial ability to pay the offered wage.
- The foreign worker meets the qualifications required for the sponsored position.
If all requirements are met, USCIS will approve the Form I-140 petition.
What Does I-140 Approval Mean?
Approval of Form I-140 means that USCIS has approved the employer's immigrant petition on behalf of the foreign worker.
This is a significant milestone because the case has successfully passed one of the major stages of the EB-3 process.
However, it does not mean that an immigrant visa has already been issued or that the worker can immediately travel to the United States to begin employment.
Why Can't an Immigrant Visa Be Issued Immediately?
The EB-3 program is subject to an annual numerical limit on the number of immigrant visas available under U.S. immigration law.
As a result, after Form I-140 has been approved, the applicant must still wait until the Priority Date becomes current according to the Visa Bulletin published by the U.S. Department of State.
Only when the Priority Date becomes current can the case proceed to the next stage of processing.
What Happens After Form I-140 Is Approved?
If the applicant is applying for an immigrant visa from outside the United States, the case will be transferred to the National Visa Center (NVC) once it becomes eligible for further processing.
At that stage, the NVC will instruct the applicant to:
- Complete the required application forms.
- Submit the required civil documents.
- Pay the applicable processing fees.
- Prepare for the immigrant visa interview at a U.S. Embassy or Consulate.
Even after the case is transferred to the NVC, an immigrant visa is not issued immediately. The applicant must still complete all remaining procedures.
What Happens Once a Visa Becomes Available?
After the applicant's Priority Date becomes current, the following steps generally take place:
- Complete all documentation required by the NVC.
- Undergo a medical examination at an authorized medical facility.
- Prepare the documents required for the visa interview.
- Attend the immigrant visa interview.
- Wait for the final visa decision.
Only after successfully completing these steps and meeting all legal requirements will the applicant be considered for an immigrant visa.
Can Additional Documents Be Requested After I-140 Approval?
Yes.
At different stages of the immigration process, the appropriate government authorities may request additional documentation or conduct further verification whenever necessary.
For this reason, applicants should prepare complete documentation and continue cooperating closely with their immigration consultant, sponsoring employer, and immigration attorney throughout the process.
What Should Applicants Do After Form I-140 Is Approved?
After receiving an I-140 approval notice, applicants should:
- Continue monitoring the progress of their case.
- Keep track of the monthly Visa Bulletin.
- Prepare all required supporting documents.
- Stay in contact with their immigration consultant and attorney.
- Be ready to complete all NVC requirements once their Priority Date becomes current.
Preparing in advance can help save valuable time as the case moves into the next stages.
Conclusion
Approval of Form I-140 is a major milestone in the EB-3 immigration journey, but it is not the final step.
After I-140 approval, applicants must still wait for their Priority Date to become current under the Visa Bulletin, complete the required procedures with the National Visa Center, attend the immigrant visa interview, and satisfy all legal requirements before an immigrant visa can be issued.
Understanding the purpose of each stage helps applicants prepare more effectively and maintain realistic expectations throughout the EB-3 immigration process.
