Form I-140 Process by TRW Law Firm Explained: A Comprehensive 2025 Guide for Employers and International Workers
Form I-140, officially titled the “Immigrant Petition for Alien Worker,” is one of the most pivotal elements of the U.S. employment-based immigration process. It serves as the foundation for securing permanent residency (commonly referred to as a green card) for foreign nationals through U.S.-based employment. TRW Law Firm, a leading immigration and corporate law practice with offices in Bangladesh, Dubai, and London, offers this comprehensive 2025 guide to help both employers and international professionals navigate the Form I-140 process with clarity, efficiency, and legal precision.
✉️ What is Form I-140?
Form I-140 is a petition submitted to the U.S. Citizenship and Immigration Services (USCIS) by a U.S. employer (or in limited cases, the foreign national themselves) requesting immigrant status for a foreign worker under employment-based visa categories: EB-1, EB-2, and EB-3.
Who Can File:
- U.S. Employers for most employment-based categories
- Foreign Nationals (Self-Petitioners) for select EB-1 and EB-2 categories
Why It Matters:
- It triggers the permanent residency application
- Confirms USCIS recognition of the individual’s qualification
- Sets the priority date, which determines when a visa number becomes available
- Enables next steps like Form I-485 (adjustment of status) or consular processing
📅 I-140 Filing Fees for 2025
In 2025, USCIS requires:
- Base Filing Fee: $715 (standard for all petitioners)
- Asylum Program Fee:
- $600 for standard employers
- $300 for small businesses (25 or fewer full-time employees)
- $0 for nonprofits
| Petitioner Type | Asylum Program Fee | Total Fee |
|---|---|---|
| Non-profit | $0 | $715 |
| Small Business | $300 | $1,015 |
| Standard Employer | $600 | $1,315 |
Fee Payment Tips:
- Submit separate checks for the base and asylum program fees
- Payable to: U.S. Department of Homeland Security
- Credit card payments accepted using Form G-1450
⏳ Processing Times and Premium Processing (2025 Estimates)
Standard I-140 Processing:
| Visa Category | Nebraska (months) | Texas (months) | Average |
| EB-1A Extraordinary | 12.5 | 14 | 13 |
| EB-1B Professors/Researchers | 11.5 | 10 | 11 |
| EB-1C Multinational Exec | 11.5 | 9.5 | 11 |
| EB-2 NIW | 11 | 9.5 | 10 |
| EB-3 Skilled Workers | 8 | 8 | 8 |
Premium Processing Option:
- Fee: $2,805
- Timeframe: 15-45 calendar days
- Available for EB-1A, EB-1B, EB-1C, EB-2 NIW, and EB-3
✍️ Eligibility Categories: Who Qualifies?
EB-1: Priority Workers
- Individuals of extraordinary ability
- Outstanding professors/researchers
- Multinational managers/executives
EB-2: Advanced Degree or Exceptional Ability
- Advanced degree holders
- Professionals with exceptional ability
EB-3: Skilled, Professional, and Other Workers
- Professionals with bachelor’s degrees
- Skilled workers with at least 2 years of experience
- Other workers (unskilled labor)
EB-4 and EB-5 Categories: Though technically supported by I-140, these are specialized routes for religious workers and investors.
📄 Required Documents for I-140 Filing
For Employers:
- Job offer letter
- PERM Labor Certification (ETA Form 9089)
- Financial documents (tax returns, balance sheets)
- FLAG-generated Final Determination
For Employees:
- CV/resume
- Academic degrees and transcripts
- Letters of recommendation
- Proof of experience
- Passport, I-94, visa, and current work authorization
Note on FLAG: FLAG (Foreign Labor Application Gateway) is the DOL system used to obtain and validate labor certifications electronically.
🔧 Filing Tips to Avoid Rejections
- Double-check Part 1, Questions 5 & 6
- Ensure fee accuracy based on employer type
- Keep I-485 documents separate if filing concurrently
- Sign all relevant sections
- Retain copies of everything submitted
📆 What Happens After Filing?
1. Receipt Notice: Form I-797C sent by USCIS
2. RFE (Request for Evidence): May be issued if documentation is insufficient
3. Approval or Denial: Decision notice issued
🚀 What Does I-140 Approval Mean?
- You are now eligible to apply for a green card (adjustment of status or consular processing)
- You have an official priority date
- Enables EAD (work permit) and Advance Parole applications
- Approval may still be revoked due to fraud, withdrawal, or eligibility issues
🤔 Special Situations and Exceptions
1. Job Portability (INA 204(j))
- Change jobs if:
- I-140 is approved or pending
- I-485 has been pending 180+ days
- New job is similar to the original
- File Supplement J to inform USCIS
2. Withdrawal of I-140
- Must be in writing
- Approval still valid for portability if 180+ days have passed
- Priority date remains intact
3. Successor-in-Interest Employers
- In mergers/acquisitions, new employer can assume the petition
- Must prove:
- Same job offer
- Ability to pay
- Proper legal succession
🧢 FAQs on Form I-140
Can I track my I-140 status online? Yes. Use your USCIS receipt number at the “Check Case Status” page on the USCIS website.
When can I file Form I-485? Once your priority date is current according to the monthly Visa Bulletin published by the U.S. Department of State.
What if I lose my job after I-140 is approved? If 180+ days have passed and your I-485 is pending, you may port to a similar job with a new employer without losing your priority date.
Can I file multiple I-140s? Yes, under different EB categories. Each petition is evaluated separately.
Does I-140 expire? No. While the petition remains valid, labor certifications may expire, and fraud or withdrawal can lead to revocation.
Is I-140 the same as H-1B? No. H-1B is a temporary work visa. I-140 is a step toward a permanent green card.
📅 Related Concepts and Resources
- PERM Labor Certification Overview
- Adjustment of Status (Form I-485)
- Visa Bulletin Tracking
- Transitioning from H-1B to Green Card
- Employment Authorization (EAD) Rights
🌟 Why Choose TRW Law Firm for Your I-140 Petition?
TRW Law Firm has a proven track record in handling complex employment-based immigration cases for multinational corporations, start-ups, and professionals seeking U.S. permanent residency. Our services include:
- Full-service legal support from I-140 to green card issuance
- Compliance with USCIS, DOL, and Department of State standards
- Strategic planning for concurrent filings, premium processing, and portability
- Document preparation and attorney review
- Personalized guidance for employers and self-petitioners
💼 Contact TRW Law Firm
TRW Law Firm – Global Immigration Experts
Bangladesh Headquarters: House 410, Road 29, Mohakhali DOHS, Dhaka
Dubai Office: Rolex Building, L-12, Sheikh Zayed Road
London Office: 330 High Holborn, City of London
Hotlines: +8801708000660
+8801847220062
+8801708080817
Emails: info@trfirm.com
info@trwbd.com
info@tahmidur.com
Form I-140 is more than just a petition—it is a gateway to a new life in the United States. With evolving laws, strict documentation requirements, and strategic considerations like premium processing or job portability, it’s essential to be guided by experienced immigration attorneys. At TRW Law Firm, we help you avoid pitfalls and build strong, successful immigration journeys for you or your workforce.
Secure your U.S. immigration success—partner with TRW Law Firm today.