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EXPLAINER · EVERY RULE QUOTED FROM AN OFFICIAL SOURCE · CHECKED OCTOBER 18, 2026

Form I-140

What the I-140 immigrant petition for alien workers is, how it connects to PERM, and the filing rules USCIS publishes for it.

Form I-140, the Immigrant Petition for Alien Workers, is the USCIS form used to ask that a foreign worker be allowed to become a lawful permanent resident (to get a green card).[1][2]

The person or organization that files it is the petitioner; the worker it is filed for is the beneficiary. In some categories the two are the same person, which USCIS calls a self-petition.[3]

How it connects to PERM

In most cases an employer must first get a certified labor certification (PERM) from the Department of Labor before filing an immigration petition with USCIS.[4]

When an I-140 is based on a labor certification, timing matters. USCIS says labor certifications expire 180 days after certification and that it must receive the I-140 before that period ends.[5]

  • An I-140 that contains an expired labor certification is rejected.[6]
  • If the last valid day falls on a Saturday, Sunday or legal holiday, USCIS accepts the petition if it arrives by the next business day.[7]

The I-140 and the priority date

For categories that do not need a labor certification, the priority date is the date USCIS accepts the I-140.[8]

For categories that do need one, the priority date comes from the earlier PERM filing, and filing the I-140 within 180 days is what preserves it.[9][10]

How it is filed

USCIS lists two ways to file: by mail on paper, or online.[11]

  • When the I-140 is filed together with Form I-907 to request premium processing, it has to go by mail.[12]
  • USCIS lists the filing fee on its Fee Schedule page.[13]

In some cases Form I-485, the application to register permanent residence or adjust status, can be filed at the same time as the I-140. This is called concurrent filing.[14][15]

What USCIS says leads to rejection

USCIS says it rejects an I-140 when certain required fields are blank.[16]

The listed fields include the petitioner's name or company name, mailing address, and the beneficiary's date of birth.[17][18]

The signature must also be valid. USCIS does not accept a typed name on the signature line, or a signature by an attorney, representative or family member signing for the filer.[19][20]

See it in the data

The processing times USCIS has published for the I-140 are recorded on the I-140 processing times page.

The step before the I-140 is explained in PERM and prevailing wage, and the optional expedited service in Premium processing.

This page explains general rules in plain English. It is not legal advice and does not tell you what applies to your case. Each numbered source below is the official page the sentence comes from; read it before relying on anything here.

Sources

  1. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “Use this form to petition for an alien worker to become a lawful permanent resident in the United States.”
  2. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “aliens seeking to become lawful permanent residents (get a Green Card)”
  3. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “except in cases where the petitioner is eligible to file a self-petition (that is, the petitioner and the beneficiary are the same).”
  4. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA).”
  5. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “all labor certifications expire 180 days from the date of certification. We must receive any Form I-140 based on an approved labor certification before the 180-day validity period has elapsed.”
  6. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “We will reject a petition that contains an expired labor certification.”
  7. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “In instances where the ending date of the labor certification’s validity period expires on a Saturday, Sunday, or legal holiday, we will accept the petition if we receive it by the next business day.”
  8. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “Your preference category does not require a DOL labor certification USCIS accepts Form I-140 for processing to classify the sponsored worker under the requested preference category.”
  9. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “Your preference category requires a labor certification from Department of Labor (DOL) DOL accepts the labor certification application for processing.”
  10. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “To preserve the priority date, the petitioner must file Form I-140, Immigrant Petition for Alien Worker , with USCIS within 180 days of the DOL approval date on the labor certification or else the labor certification is no longer valid.”
  11. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “You have 2 options for filing your Form I-140 petition with USCIS: By mail (paper); or Online.”
  12. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “If you are submitting Form I-140 together with Form I-907 to request premium processing, you must file by mail.”
  13. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “You can find the filing fee for Form I-140 by visiting our Fee Schedule page.”
  14. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “Form I-485, Application to Register Permanent Residence or Adjust Status”
  15. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “In certain instances, you can file your Form I-485 together, or “concurrently,” with the underlying Form I-130 or Form I-140 immigrant petition.”
  16. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “Complete all sections of the form. We will reject the form if the following fields are missing”
  17. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “Part 1 – Information About the Person or Organization Filing This Petition Family Name OR Company or Organization Name; Mailing Address”
  18. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “Part 3 – Information About the Person for Whom You Are Filing Date of Birth”
  19. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “We will reject or deny any improperly signed form.”
  20. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “A typed name on the signature line; A signature by an attorney, representative, or family member signing for the requestor”

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