Does the I-140 not expire?

As a rule, an approved I-140 does not expire automatically. In the EB-2 NIW, this means the petition remains valid for immigration purposes, helping to preserve your priority date for adjustment of status or for obtaining an immigrant visa, even if some time passes.

Not expiring, however, is not the same as being final. In certain situations, the approval can be revoked, for example if the conditions or information that supported the petition change significantly, or if the petitioning employer decides to withdraw the petition.

• The approval generally remains in effect as long as the conditions that supported it stay the same.
• It helps preserve the priority date throughout the process.
• It can be revoked in the face of significant changes or withdrawal of the petition.

In practice, an approved I-140 tends to retain its validity, but each case has its own particularities. It is worth following current guidance from USCIS and, when in doubt, seeking support from a trusted professional.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.