What is Form I-140?

The Form I-140, also known as the Immigrant Petition for Alien Worker, is the form used to request classification of a professional as an immigrant worker in employment-based green card categories, including the EB-2 NIW.

Depending on the category, the petitioner may be an employer sponsoring the professional or the beneficiary themselves, as is the case with the National Interest Waiver (NIW), which allows self-petition. The purpose of the form is to demonstrate that the applicant meets the criteria of the intended category.

In the context of the EB-2 NIW, the I-140 is typically accompanied by evidence that the professional’s work has national relevance, supporting the request to waive the job offer and labor certification that would otherwise be required.

• Used to seek classification as an immigrant worker.
• May be filed by the employer or, in certain cases, by the applicant themselves.
• Reviewed by USCIS according to the criteria of the category.

Since requirements and evidence vary by category and may change, it is worth checking the updated instructions from USCIS or consulting a specialist before preparing the petition.

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.