What is the difference between I-140 and I-485?

When understanding the employment-based immigration process, it is important to differentiate the roles of forms I-140 and I-485, especially in categories like EB-3. The I-140 form, also known as the Immigrant Petition for Alien Worker, is generally filed by the employer in the United States. It demonstrates that the company is offering a permanent position and that the applicant meets the requirements for that vacancy. In other words, the I-140 serves for the US government to recognize that there is a labor need that the foreign applicant can fulfill, placing them into the appropriate immigration category.

The I-485 form, called Adjustment of Status, is used by the applicant who is already in the United States to change their status from non-immigrant to lawful permanent resident. This process includes an assessment of the individual’s eligibility for permanent residency and, if approved, grants the so-called “green card.”

In the case of EB-3, after approval of the I-140 and the availability of a priority date according to the visa bulletin, the applicant may, if they are in the United States and meet the requirements, file the I-485 to adjust their status.

It is always important to emphasize the importance of strictly following US immigration laws and seeking information from official sources. Consulting with specialized companies and being careful to avoid scams or marketing campaigns promising miraculous results is essential to ensure the process proceeds safely and legally. Each step must be done correctly, as any incorrect information or incomplete documentation can impact the progress of the process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.