What is the “immigrant petition” (I-140) in the context of the H-1B?

The I-140, officially known as the “Immigrant Petition for Alien Worker”, is the petition through which an employer expresses its intent to sponsor a foreign worker for permanent residence (the green card), within the employment-based immigration categories.

To understand its role in the context of the H-1B, it helps to separate two distinct processes. The H-1B is a nonimmigrant visa: it allows temporary work in a specialty occupation in the United States. The I-140 belongs to the immigrant path, meaning the process that seeks to turn that temporary stay into something permanent.

Many professionals start with the H-1B and, further down the road, pursue the green card. That is where the I-140 comes in: filed by the employer, it seeks to demonstrate that the worker meets the required qualifications and that the job offer satisfies the criteria of the intended category. It is a central step, though not the only one on the path to permanent residence.

Since every case has its own particularities and the process involves several legal stages, the safest approach is to review the official USCIS guidance and assess the strategy with a specialist before getting started.

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.