In the complex world of immigration, understanding the various forms and processes is crucial. This article aims to provide a comprehensive guide to one such form - [Form I-140](/immigration-resources/i-130a-form-guide), also known as the "Immigrant Petition for Alien Worker". Whether you're an employer looking to hire foreign talent, or a [foreign worker](/immigration-resources/visa-sponsorship-guide) seeking [employment-based immigration](/immigration-resources/eb-2-niw-visa-guide) in the United States, this guide is designed to help you navigate the process.

Form I-140 is a critical document in the process of employment-based immigration. It's filed by [U.S. employers](/immigration-resources/visa-sponsorship-guide) who wish to hire foreign workers, and serves to establish that there is a job opening for which no [qualified U.S. workers](https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent^) are available. Additionally, it's used to demonstrate that the foreign worker being sponsored has the necessary qualifications for the job. 

In the following sections, we'll delve deeper into what Form I-140 is, how to check its status, when to apply for a [green card](/immigration-resources/green-card-immigration-guide) after filing it, and what to do if the job is lost after the form has been filed. Our goal is to demystify the process and provide you with the knowledge you need to navigate the employment-based immigration process confidently.

Form I-140, or the Immigrant Petition for Alien Worker, is a crucial document in the process of employment-based immigration in the United States. This form is not filed by the foreign worker themselves, but by the U.S. employer who wishes to hire them. 

The primary purpose of Form I-140 is twofold. First, it is used to establish that there is a job opening within the company that cannot be filled by a qualified U.S. worker. This requirement is critical as it ensures that foreign workers are not taking job opportunities away from U.S. citizens. 

Second, Form I-140 is used to demonstrate that the foreign worker being sponsored has the necessary qualifications for the job. This includes relevant education, skills, and work experience. The employer must provide evidence to support these claims, such as [academic records](https://www.uscis.gov/forms/filing-guidance/checklist-of-required-initial-evidence-for-form-i-140-for-informational-purposes-only^), job descriptions, and [letters of recommendation](https://www.uscis.gov/forms/filing-guidance/checklist-of-required-initial-evidence-for-form-i-140-for-informational-purposes-only^).

It's important to note that filing Form I-140 is just one step in the process of employment-based immigration. It does not grant the foreign worker the right to live or work in the U.S. Instead, it serves as a petition to the U.S. Citizenship and Immigration Services (USCIS) to consider the foreign worker for an [employment-based immigrant visa](/immigration-resources/

In the next sections, we'll explore how to [check the status](https://egov.uscis.gov/^) of a filed Form I-140, when and how to apply for a green card after filing it, and what to do if the job associated with the form is lost.

Filing Form I-140 is a responsibility that falls on the U.S. employer who wishes to hire a foreign worker. The process involves several steps and requires meticulous attention to detail to ensure that all information provided is accurate and complete.

The first step in the process is to establish that there is a job opening within the company and that no qualified U.S. workers are available to fill the position. This is typically done through a process known as [labor certification](/immigration-resources/eb-2-niw-visa-guide), or [PERM](/immigration-resources/perm-labor-certification-guide). The employer must conduct recruitment efforts and prove to the Department of Labor (DOL) that they have been unsuccessful in finding a suitable U.S. worker for the job.

Once the labor certification is approved, the employer can proceed to file Form I-140. This form requires the employer to provide detailed information about the company, the job opening, and the foreign worker's qualifications. It's crucial to provide supporting documents such as the approved labor certification, the foreign worker's resume, academic records, and any relevant letters of recommendation.

After the form is completed and all supporting documents are gathered, the employer must mail the package to the appropriate USCIS Service Center. It's important to keep a copy of everything sent for your records. Once USCIS receives the package, they will issue a receipt notice with a unique number that can be used to track the status of the application.

Remember, filing Form I-140 is a significant step in the employment-based immigration process. It's essential to take the time to complete the form accurately and provide all necessary supporting documents to avoid delays or denials. In the following sections, we'll discuss how to check the status of your Form I-140 and what to do after it's been filed.

Once Form I-140 has been filed, it's natural to want to keep track of its progress. Thankfully, the U.S. Citizenship and Immigration Services (USCIS) provides an easy way to check the status of your form online.

Upon receipt of your Form I-140, USCIS will issue a receipt notice. This notice contains a unique receipt number that you can use to track the status of your form. It's important to keep this receipt notice safe, as the receipt number is essential for tracking your form's progress.

To check the status of your Form I-140, follow these steps:

The system will then display the current status of your form. It's important to note that processing times can vary based on several factors, including the volume of applications USCIS is handling and the specifics of your case. 

If you have any concerns about the status of your Form I-140, or if you notice any discrepancies in the information provided, it's advisable to contact USCIS directly for assistance.

In the next sections, we'll discuss when and how to apply for a green card after filing Form I-140, and what to do if the job associated with the form is lost.

Applying for a Green Card After Filing Form I-140

Once your Form I-140 has been approved, it serves as a basis for you, the foreign worker, to apply for an employment-based immigrant visa or [adjust your status](/immigration-resources/change-status-f1-green-card-marriage-guide) to permanent residency in the U.S. This is done by filing Form I-485, also known as the Application to Register Permanent Residence or Adjust Status.

However, the ability to file Form I-485 concurrently with Form I-140 or immediately after its approval depends on your country of nationality. This is due to the fact that the number of employment-based immigrant visas available each year is limited by law and distributed among all countries. If the demand from a particular country exceeds its allocated supply, a backlog can occur, resulting in a waiting period.

To determine when you can file Form I-485, you should refer to the U.S. Department of State's [Visa Bulletin](/immigration-resources/visa-bulletin-october-2023-update). The Visa Bulletin is updated monthly and provides the current "Final Action Dates" for each country and visa category. If your [priority date](/immigration-resources/green-card-issuance-errors-and-consequences) (the date your Form I-140 was filed) is earlier than the Final Action Date listed for your country and visa category, you can file Form I-485.

Here are the steps to apply for a green card after filing Form I-140:

In the next section, we'll discuss what to do if you lose your job after filing Form I-140.

Losing a job can be a stressful experience, especially when your immigration status is tied to your employment. If you lose your job after your employer has filed Form I-140, the next steps depend on how long your green card application has been pending.

If your Form I-485, Application to Register Permanent Residence or Adjust Status, has been pending for less than 180 days, your new employer may need to submit a new PERM Labor Certification and Form I-140. This is because your green card application is tied to the specific job described in the original Form I-140.

However, if your Form I-485 has been pending for more than 180 days, you may be able to change jobs without affecting your green card application, thanks to a provision known as "[job portability](https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5^)". Under job portability, you can change to a new job if it is in the same or a similar occupational classification as the job for which the original Form I-140 was filed.

Here are the steps to take if you lose your job after filing Form I-140:

Remember, navigating these situations can be complex, and it's always a good idea to consult with an immigration attorney to understand your options and ensure you're making the best decisions for your situation.

In the final section, we'll recap the importance and process of Form I-140 in employment-based immigration.

Navigating the process of employment-based immigration can be complex, but understanding the role and process of Form I-140, the Immigrant Petition for Alien Worker, can make the journey smoother. 

Form I-140 is a critical document filed by U.S. employers who wish to hire foreign workers. It serves to establish that there is a job opening for which no qualified U.S. workers are available and that the foreign worker being sponsored has the necessary qualifications for the job. 

Once filed, the status of Form I-140 can be easily checked online through the USCIS website using the receipt number issued upon filing. If approved, it serves as a basis for the foreign worker to apply for an employment-based immigrant visa or adjust their status to permanent residency in the U.S. by filing Form I-485.

However, the process doesn't end there. If the worker loses their job after the form has been filed, the next steps depend on how long the green card application has been pending. If it's been over 180 days, the worker may find a new employer without jeopardizing their current green card application, provided the new job is similar to the previous one. If it's been less than 180 days, the new employer may need to submit a new PERM and Form I-140.

We hope this guide has provided you with a clearer understanding of Form I-140 and its role in the process of employment-based immigration. As always, it's advisable to consult with an immigration attorney to navigate the complexities of the immigration process and make informed decisions.

Are you a U.S. employer hiring foreign talent? This guide explains Form I-140, a crucial step in the U.S. employment-based immigration process. Learn how to demonstrate a job opening that no U.S. workers can fill and show the foreign worker's qualifications. Note, filing Form I-140 doesn't grant residency or work rights, but it allows the worker to apply for an employment-based immigrant visa or adjust their status to permanent residency. We also discuss what happens if the worker loses their job after filing Form I-140.

Form I-140: A Guide for U.S. Employers Hiring Foreign Workers

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