What Is I-140 Approval
I-140 approval is USCIS authorization of an employer's immigrant worker petition. Once approved, USCIS officially recognizes that your employer has established a legitimate need for a foreign worker and that you meet the job qualifications. This approval creates your priority date, which locks in your place in the employment-based green card queue.
The Approval Process
Your employer files Form I-140 with USCIS, typically after completing the labor certification process (PERM). The form establishes that the position cannot be filled by willing, able, and qualified US workers at the prevailing wage. USCIS reviews the petition, supporting documentation, and job requirements.
Processing times vary significantly by visa category and service center. As of 2024, I-140 decisions range from 6 to 18 months depending on whether your employer requests premium processing (expedited review within 15 days for a $2,500 fee). USCIS approves or denies the petition based on documented need and your qualifications for the specific role.
Priority Date and Green Card Timeline
Your priority date becomes the filing date of your I-140 petition. This date determines your place in line for visa availability. For employment-based green cards, the State Department releases monthly visa bulletin updates showing which priority dates are currently processing. Some categories move quickly, while EB-2 from China or EB-3 from India may have years-long backlogs.
After I-140 approval, you proceed to adjustment of status (if you're in the US) or consular processing (if you're abroad). Your priority date must be current before either process can proceed. This is why approval is critical: it activates your green card application timeline.
Key Implications
- I-140 approval doesn't automatically grant you a green card or work authorization, but it is the required foundation before adjustment of status or consular processing can begin.
- Your priority date remains valid even if you change employers, though the new employer must file a new I-140 with a new priority date.
- Approval requires documented evidence that the job exists, the employer can pay the prevailing wage (determined by the Department of Labor), and you are qualified.
- Certain visa categories allow concurrent filing of I-140 and adjustment of status, which can save 12-24 months compared to sequential filing.
Common Questions
- Can I change jobs after I-140 approval? You can change employers, but your new employer must file a new I-140 petition. Your original priority date doesn't transfer. However, under EB-2 and EB-3 portability rules, you may be able to start work with the new employer while the new petition is pending if certain conditions are met.
- What happens if my I-140 is denied? Your employer can appeal within 30 days or refile with additional documentation. A denial doesn't automatically terminate your visa status, but it stops progress toward a green card unless the petition is overturned.
- How long after I-140 approval can I apply for adjustment of status? You must wait until your priority date is current according to the visa bulletin. This can be immediate for some categories or take years for others. Once current, you can file I-485 (adjustment of status) or proceed to consular processing.