Diligent I-140 Immigration Attorney for EB Green Card Petitions

Form I-140 is where the priority date is set and green card eligibility is established. Our attorneys build each petition around the evidence USCIS will actually examine.
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Our Approach

The Reality of Filing Form I-140

The I-140 petition does more than establish green card eligibility. Where PERM is required, the priority date traces back to when that application was filed with the Department of Labor — not when the I-140 is submitted to USCIS. For EB-1, NIW, and investor categories without PERM, the I-140 receipt date sets the priority date. Either way, that date is permanent. It determines the applicant’s place in the employment-based visa queue, and for Indian and Chinese nationals facing multi-year backlogs, how early it is locked in shapes the entire timeline. USCIS has applied heightened scrutiny to Form I-140 petitions across EB categories, with ability to pay and beneficiary qualifications drawing the most attention.

The Law Offices of Mary Kennedy, an immigration law firm handling Form I-140 petitions across all EB categories, reviews each petition against what USCIS is most likely to scrutinize in that specific category. Common RFE pressure points are addressed at the drafting stage. Our I-140 immigration attorneys do not wait for USCIS to raise a question that the petition should have already answered.

Requirements

I-140 Petition Requirements

Form I-140 eligibility depends on the employment-based category. Employer-sponsored and self-petitioned routes carry different evidentiary standards.

Employer-Sponsored Petitions — EB-1B, EB-1C, EB-2, EB-3

  1. The position must be permanent and full-time with a qualifying U.S. employer in the applicable EB category.
  2. EB-2 and EB-3 cases require an approved Department of Labor labor certification before the I-140 is submitted. EB-1B and EB-1C cases proceed without it.
  3. The employer must demonstrate capacity to pay the offered wage from the priority date through adjudication, using federal tax returns or audited financial statements.
  4. Beneficiary credentials must satisfy every minimum qualification in the PERM, verified through degree certificates and employment letters from prior employers.
  5. EB-1C petitions carry one additional condition — the beneficiary must have held a managerial or executive role with the qualifying organization for at least one continuous year in the three years immediately preceding the petition, with the U.S. position carrying the same level of authority.

Self-Petitioned Categories — EB-1A and EB-2 NIW

  1. Neither category requires employer sponsorship or a standing job offer. Form I-140 is filed directly with USCIS by the petitioner.
  2. EB-1A is reserved for individuals with sustained recognition at the national or international level. A single prestigious award satisfies the standard. Without one, the petition must satisfy at least three of the ten evidentiary criteria USCIS publishes for this category.
  3. EB-2 NIW requires an advanced degree or demonstrated exceptional ability. The proposed work must carry substantial merit and national importance, the petitioner must show clear capacity to advance it, and the petition must establish that waiving the job offer requirement serves the broader U.S. interest.
Documentation

Form I-140: Required Documents

Incomplete or mismatched documentation is the leading cause of Form I-140 RFEs. Our attorneys audit every document at the drafting stage to make sure the petition is built to withstand scrutiny.
For employer-sponsored petitions, the employer must submit
  • Completed Form I-140 with Part 2 identifying the correct EB classification.
  • PERM labor certification (Form ETA-9089), where required, filed within 180 days of DOL approval. The job description must match the certified PERM exactly.
  • Federal tax returns or audited financial statements confirming ability to pay the offered wage from the priority date through adjudication.
  • Job offer letter confirming the position is permanent and full-time, with duties consistent with the PERM-certified role.
  • Organizational chart for EB-1C petitions showing the beneficiary’s position and reporting structure within the U.S. entity.
The beneficiary must provide
  • Degree certificates and official transcripts from all institutions. Foreign degrees require a credential evaluation from a recognized U.S. evaluation service.
  • Employment letters from prior employers, each specifying job title, dates of employment, and duties performed.
  • Valid passport with current visa stamps and I-94 records, plus any prior USCIS approval notices if the beneficiary is already in the U.S.
EB-1A petitions additionally require

Evidence satisfying at least three of the ten USCIS criteria. Published research, peer review participation, and documentation of awards or media coverage are among the most commonly accepted forms.

EB-2 NIW petitions additionally require

Expert reference letters from recognized authorities in the field, alongside published work and supporting documentation establishing the national importance of the beneficiary’s contributions.

Benefits

Form I-140 Petition: The Benefits

Approval of the Form I-140 petition unlocks rights and protections that extend well beyond the filing itself.

Priority date set at PERM filing (EB-2/EB-3) or I-140 receipt (EB-1/NIW)

Approved I-140 survives employer withdrawal after 180 days of pending I-485

Premium processing available in 15 business days via Form I-907

Concurrent I-485 filing available when visa number is current

AC21 portability permits employer change to same or similar role after 180 days

H-1B extensions beyond six-year cap with approved I-140

FAQ

Form I-140: Common Questions Answered

How long does I-140 processing take, and is premium processing worth it?

Standard processing runs between three and six months for most EB categories, with EB-2 NIW cases sometimes taking longer. Form I-907 brings that down to 15 business days under premium processing. Premium guarantees a faster decision, not a better one. The evidentiary quality of the petition determines the outcome regardless of which processing track is used.

What is AC21 portability and how does it work?

An approved Form I-140 does not bind the beneficiary to the sponsoring employer indefinitely. Once the Form I-485 has been pending for at least 180 days, the beneficiary may move to a same or similar role at a new employer without losing the I-140 approval or the priority date it carries. Employer withdrawal at that point does not cancel the ability to adjust status. Our attorneys advise on whether a proposed role qualifies as sufficiently similar before any move is made.

Can Form I-140 and Form I-485 be filed at the same time?

Concurrent filing is only available when a visa number is immediately available in the beneficiary’s EB category and country of birth. Most Indian and Chinese nationals in EB-2 and EB-3 are not in that position currently. Non-backlogged nationalities and EB-1 applicants frequently are, and concurrent filing compresses the overall timeline significantly for those who qualify.

What triggers an I-140 RFE and how long is there to respond?

Ability to pay draws scrutiny when financial evidence does not clearly cover the offered wage from the priority date through adjudication. Beneficiary qualifications are questioned when degree or employment records lack the specificity to match the PERM requirements. A third common area is job requirement justification. USCIS reviews whether the position’s requirements were written around the beneficiary rather than the role itself. Eighty-seven days are available to respond, and each pressure point in our petitions is resolved at the drafting stage.

What are the options if Form I-140 is denied?

Denial is not the end of the case, but the path forward depends on why USCIS denied it. Filing a Motion to Reopen allows new evidence to be placed before the officer for consideration. A Motion to Reconsider argues that USCIS applied the law incorrectly to the existing record. Both must reach USCIS within 30 days of the denial notice. Where refiling with a stronger evidentiary package is the faster route, our attorneys assess that option first and recommend accordingly.

Build I-140 Before Priority Closes

Connect with our I-140 immigration attorneys to build a strong petition protecting the established priority date.
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