Throughout the EB-3 immigration process, one term you will hear frequently is Form I-140. Many people believe that once the I-140 petition is approved, moving to the United States is almost guaranteed. Others mistakenly think that I-140 is either a visa application or a Green Card application.
In reality, neither of these assumptions is correct.
Form I-140 is a major milestone in the EB-3 process, but it is only one step in the overall employment-based immigration journey. Understanding the role of I-140 will help you follow your case accurately and set realistic expectations.
So, what exactly is Form I-140, and why is it an essential part of the EB-3 process?
What Is Form I-140?
The full name of Form I-140 is Immigrant Petition for Alien Worker.
It is a petition filed by the U.S. sponsoring employer with the U.S. Citizenship and Immigration Services (USCIS) after the PERM Labor Certification has been approved.
Through Form I-140, the employer requests USCIS to recognize that the foreign worker is eligible to continue the employment-based immigration process.
Simply put:
- PERM demonstrates that the employer is eligible to hire a foreign worker.
- Form I-140 asks USCIS to approve the employer's immigrant petition for that worker.
When Is Form I-140 Filed?
An EB-3 case cannot begin with Form I-140.
Before filing I-140, the sponsoring employer must complete several important steps, including:
- Obtaining the Prevailing Wage Determination (PWD).
- Completing the PERM recruitment process.
- Filing Form ETA-9089.
- Receiving the Permanent Labor Certification from the U.S. Department of Labor.
Only after these steps have been completed can the employer submit Form I-140 to USCIS.
This illustrates that Form I-140 is the result of a lengthy preparation process—not the starting point of an EB-3 case.
What Does USCIS Review When Processing Form I-140?
During this stage, USCIS evaluates several aspects of the petition, including:
- Whether the U.S. sponsoring employer is eligible to sponsor the worker.
- Whether the petition is consistent with the approved Labor Certification.
- Whether the foreign worker meets the qualifications required for the offered position.
- Whether the petition has been properly prepared in accordance with immigration regulations.
The purpose of this review is to determine whether the case qualifies to continue through the employment-based immigration process.
Does I-140 Approval Mean You Can Immediately Move to the United States?
This is one of the most common misconceptions.
The answer is No.
After Form I-140 has been approved, the case must still complete several additional steps, including:
- Waiting for the priority date to become current according to the Visa Bulletin.
- Completing immigrant visa processing through the National Visa Center (NVC) or filing Adjustment of Status (AOS) if eligible.
- Attending the immigrant visa interview.
- Entering the United States and receiving a Green Card.
Although Form I-140 is an important milestone, it is not the final step of the EB-3 process.
Does the Foreign Worker File Form I-140?
No.
Form I-140 is prepared and filed by the U.S. sponsoring employer, typically with the assistance of an immigration attorney.
The foreign worker may be asked to provide supporting documents or personal information, but they are not the person who files the petition.
The most important responsibility of the worker is to cooperate promptly whenever additional information is requested.
Why Is Form I-140 Such an Important Milestone?
Form I-140 serves as the bridge between the case preparation stage and the immigrant visa process.
Without an approved I-140 petition, the case cannot move forward to the remaining stages.
For this reason, Form I-140 is considered one of the most significant milestones in the entire EB-3 process.
However, approval of I-140 does not mean the immigration process has been completed. Applicants must still monitor the Visa Bulletin and complete all remaining immigration procedures.
Understanding Form I-140 Helps You Track Your Case More Accurately
Throughout the EB-3 process, each term represents a different stage:
- PWD – Determines the prevailing wage.
- PERM – The Labor Certification process.
- ETA-9089 – The application for Permanent Labor Certification.
- I-140 – The Immigrant Petition for Alien Worker.
Understanding the purpose of each step makes it easier to follow your case and know where you are in your immigration journey.
Conclusion
Understanding Form I-140 provides a clearer picture of the EB-3 process.
It is not a visa application or a Green Card application. Rather, it is an immigrant petition filed by the U.S. sponsoring employer with USCIS after the PERM Labor Certification has been approved.
Although I-140 approval is a significant milestone, the case must still proceed through additional stages, including waiting for the Visa Bulletin, completing NVC processing or Adjustment of Status (AOS), and attending the immigrant visa interview before the worker can receive an immigrant visa.
If you are considering the EB-3 program or would like to know the current status of your case, TGA is always ready to provide transparent information and support you throughout every stage of your immigration journey.
