Glossary
What is Form I-140?
Form I-140 asks USCIS to classify you in an employment-based green card category. Most people need an employer to file it. EB-1A and EB-2 NIW applicants can file it for themselves.
Last checked October 2026 · Sources
- Full name
- Immigrant Petition for Alien Workers
- Filing fee
- $715 by mail, $665 online
- Asylum Program Fee
- $0, $300 or $600
- Premium processing
- $2,965, 15 or 45 business days
Quick answer
What is Form I-140?
Form I-140, Immigrant Petition for Alien Workers, asks USCIS to place you in an employment-based green card category. A US employer usually files it. EB-1A and EB-2 NIW applicants can file for themselves. As of October 2026, the fee is $715 by mail or $665 online, plus an Asylum Program Fee of $0 to $600.
- It is a petition, not the green card itself. Form I-485 or consular processing comes next.
- For EB-1A and NIW, the date you properly file it becomes your priority date.
- Premium processing is optional and costs $2,965.
- If you add premium processing at the same time, you must file by mail.
Key facts
Form I-140 at a glance
Fees are from the USCIS fee schedule, Form G-1055 edition 10/01/26, as of October 2026.
| Item | What applies |
|---|---|
| Who can file | A US employer for EB-1B, EB-1C, EB-2 and EB-3. You, or anyone for you, for EB-1A or EB-2 NIW. |
| Filing fee | $715 by mail, $665 online |
| Asylum Program Fee | $300 if you file for yourself or are a small employer. $600 for a regular employer. $0 for a nonprofit. |
| Premium processing (Form I-907) | $2,965. USCIS acts within 15 business days for most categories. It is 45 business days for EB-1C and EB-2 NIW. |
| Priority date (no labor certification) | The date the complete, signed petition with initial evidence and the correct fee is properly filed |
| Priority date (with labor certification) | The date the Department of Labor accepted the labor certification application |
Sources: Form G-1055, USCIS Form I-140 page, USCIS premium processing page, 8 CFR 204.5(c), (d) and (k)(1), USCIS Policy Manual, Vol. 6, Part F, Ch. 5. Fees change, so your attorney confirms them before filing.
Why it matters for you
Why Form I-140 matters
-
It is the main proof of your case
For EB-1A and NIW, your evidence and arguments go in with Form I-140. USCIS decides here whether you fit the category.
-
No employer needed for EB-1A or NIW
Neither needs a job offer or labor certification, so you can self-petition. (8 CFR 204.5(h)(5), Policy Manual)
-
Approval protects your place in line
An approved petition usually lets you keep its priority date for a later EB-1, EB-2 or EB-3 petition. Revocation for fraud or error can take that away. A denied petition sets no priority date. (8 CFR 204.5(e))
Where it comes from
The legal source
Who may file is set by 8 CFR 204.5(c), and for NIW by 8 CFR 204.5(k)(1). The priority date rule is 8 CFR 204.5(d). EB-1A needs no job offer under 8 CFR 204.5(h)(5). USCIS explains NIW self-petitions in the Policy Manual, Vol. 6, Part F, Ch. 5. See full costs for EB-1A and EB-2 NIW.
Go deeper
Related terms and guides
Premium processing
Faster USCIS action on your I-140 for a fee.
Read more GlossaryForm I-485
The green card application filed inside the US.
Read more GlossaryLabor certification
The Department of Labor step most EB-2 and EB-3 cases need.
Read more BlogAfter your I-140 is approved
What happens next and what to plan for.
Read moreFAQ
Questions people ask
As of October 2026, it is $715 by mail or $665 online, plus the Asylum Program Fee. A self-petitioner pays $300 for that fee, so $1,015 by mail. (Form G-1055)
Yes, for EB-1A and EB-2 NIW. Other categories need a US employer to file. (8 CFR 204.5(c) and (k)(1))
USCIS acts within 15 business days for EB-1A, EB-1B and EB-2 non-NIW, and 45 business days for EB-1C and EB-2 NIW. If it misses the timeframe, it refunds the fee. (USCIS)
Yes, through a USCIS online account. But if you send Form I-907 with it, you must file by mail. (USCIS)
No. It sets your category. You then file Form I-485 in the US or go through consular processing abroad, once a visa number is available.
Is your record ready for an I-140?
The free evaluation checks your record for EB-1A, EB-2 NIW and O-1. A partner-firm attorney confirms eligibility before anything is filed. This is general information, not legal advice.
Sources · checked October 2026
- USCIS, Form I-140, Immigrant Petition for Alien Workers
- USCIS, Form G-1055 Fee Schedule (edition 10/01/26)
- USCIS, How Do I Request Premium Processing?
- 8 CFR 204.5, Legal Information Institute, Cornell Law School
- USCIS Policy Manual, Volume 6, Part F, Chapter 5
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
