Что такое I-140 (Immigrant Petition for Alien Workers)?

Form I-140, the Immigrant Petition for Alien Workers, is filed by an employer (or self-petitioned in certain categories) with USCIS to classify a foreign national as eligible for an employment-based immigrant visa. The I-140 is the foundational document in most employment-based green card processes: its approval establishes — or confirms — the applicant's priority date, which determines their place in the immigrant visa queue.

The I-140 is used across multiple employment-based preference categories. EB-1A (extraordinary ability) and EB-1B (outstanding researcher) petitions are self-petitioned or employer-filed and do not require a PERM labor certification. EB-1C (multinational manager or executive) requires the employer to document the qualifying relationship and managerial role. EB-2 and EB-3 petitions are almost always preceded by an approved PERM labor certification, which must be attached to the I-140 filing. EB-2 National Interest Waivers (NIW) allow self-petitioned applications without PERM.

Once approved, the I-140 serves as the permanent record of the worker's immigrant petition. Critically, an I-140 that has been approved for 180 days or more remains valid as a priority date anchor even if the sponsoring employer withdraws it — this is the AC21 portability rule, which allows workers to change jobs or employers without losing their place in the queue, provided the new position is in the same or similar occupational classification.