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I-140 Checklist: Immigrant Petition for Alien Workers

Immigration Attorney and Business Immigration Resource

Streamline your Form I-140 (Immigrant Petition for Alien Worker) with our comprehensive document checklist. The I-140 is filed by a U.S. employer (or in some categories by the worker) to establish eligibility for an employment-based green card under EB-1 (extraordinary ability, outstanding researchers, multinational executives), EB-2 (advanced degree or exceptional ability, including National Interest Waiver), or EB-3 (skilled workers, professionals, other workers). This checklist helps immigration attorneys, employers, and paralegals gather the right evidence—certified labor certification (ETA-9089) where required, proof of ability to pay the offered wage, beneficiary qualifications (degree, experience, awards), and category-specific evidence such as extraordinary-ability criteria for EB-1—so you can file a complete petition and secure an early priority date. Evidence must establish eligibility as of the priority date.

I-140 Checklist: Immigrant Petition for Alien Workers form template preview

Key Benefits

Ensure complete I-140 package before filing
Establish and protect priority date for visa availability
Cover labor certification, ability to pay, and beneficiary qualifications
Category-specific evidence for EB-1, EB-2, EB-3
File online (standalone) or by mail with premium processing option
Professional business immigration workflow

Common Use Cases

Employers petitioning for EB-1, EB-2, or EB-3 workersImmigration attorneys preparing employment-based green card petitionsSelf-petitioning for EB-1 extraordinary ability or EB-2 NIWParalegals assembling labor certification and I-140 evidenceHR and global mobility managing permanent residency sponsorshipFollowing PERM approval with Form I-140 filing

Frequently Asked Questions

What is Form I-140 and which categories use it?
Form I-140 is the Immigrant Petition for Alien Worker. It is used for employment-based permanent residence: EB-1 (extraordinary ability, outstanding researchers, multinational executives), EB-2 (advanced degree or exceptional ability, including National Interest Waiver), and EB-3 (skilled workers, professionals, other workers). The employer usually files; EB-1 and EB-2 NIW allow self-petitioning in certain cases.
What is the priority date and why does it matter?
The priority date determines when a visa number is available. For petitions with labor certification it is the DOL filing date; otherwise it is the USCIS receipt date. Earlier priority dates generally mean earlier green card eligibility. Our checklist helps you file a complete petition so your priority date is established without delay.
What evidence is required for EB-1 extraordinary ability?
You must show sustained national or international acclaim and at least three types of evidence from the regulations (e.g., major awards, scholarly articles, high salary, leading or critical role, original contributions). Our checklist covers the common evidence categories; consult the form instructions and policy manual for your specific classification.
Can I file Form I-140 online?
USCIS allows online filing for standalone Form I-140 in certain situations. If you are filing with Form I-907 (premium processing), G-28 (attorney representation in some scenarios), or other forms, you may need to file by mail. Check current USCIS I-140 filing procedures and direct filing addresses.

Checklist

USCIS Forms

Complete Form I-140 (Immigrant Petition for Alien Worker)
Required

Use current edition. Select correct classification: EB-1, EB-2, or EB-3. Employer or self-petitioner signs as applicable.

Form G-28 (if represented by attorney or accredited representative)

Attorney or representative signs. Required when filing with legal representation in certain scenarios.

Labor Certification

Certified permanent labor certification (Form ETA-9089) for EB-2/EB-3 when required

Required for most EB-2 and EB-3. Submit signed Final Determination from DOL FLAG. Not required for Schedule A, NIW, or some EB-1.

Employer Documentation

Proof of employer's ability to pay the offered wage from priority date onward
Required

Tax returns, audited financials, or annual report. Must show ability to pay proffered wage as of priority date.

Copy of job offer or employment letter with position and wage
Required

Must match labor certification if applicable. Full-time, permanent offer.

Beneficiary Qualifications

Evidence beneficiary meets the job requirements (degree, experience, license)
Required

Diplomas, transcripts, experience letters with specific duties and dates. Must match labor cert or job offer.

Experience or training letters from current and former employers
Required

Letterhead, signer name/title, company address, job title, dates, and specific duty descriptions.

Classification Evidence

Category-specific evidence (e.g., EB-1: sustained acclaim and 3+ criteria)

EB-1: awards, publications, judging, original contributions, etc. EB-2 NIW: waiver argument and evidence. Follow form and policy manual.

Documentation

Certified English translations for any foreign-language documents
Required

All evidence in a foreign language must have certified translation. Translator certification required.

Financial Requirements

Filing fee payment (check current fee and premium processing option on USCIS.gov)
Required

Fee varies. Form I-907 for premium processing if available for your category.