The I-140 Petition is a crucial step in the employment-based green card process. It is filed by a U.S. employer to petition for a foreign national worker to become a permanent resident. The petition must show that the employer has the ability to pay the offered wage and that the foreign worker meets all job and immigration category requirements.

To be eligible for an I-140 petition, you must:

1. Be the beneficiary of an approved PERM Labor Certification (required for EB-2 and EB-3 categories unless exempt)

2. Meet the specific education, experience, and skill qualifications listed in the labor certification or job offer

3. Have an employer willing to sponsor and submit the petition on your behalf

4. For EB-1 petitions (extraordinary ability, multinational managers, or outstanding professors/researchers), no labor certification is required

The I-140 petition is the second step in most employment-based green card cases, following the PERM certification (if applicable) and preceding the adjustment of status (Form I-485) or consular processing. Priority dates and visa bulletin timelines apply, depending on the employment category and the applicant’s country of birth.