United States

Employment-Based Petitions (I-140)

Immigrant petitions in EB-1 (priority workers), EB-2 (advanced degree / NIW), EB-3 (skilled workers), EB-4 (special) and EB-5 (investor) categories.

Validity
Approved petition supports the immigrant visa; priority date governs availability
Processing Time
Premium processing 15 business days for I-140 in eligible categories; total green card timeline varies by category and country of birth
Pathway
Basis for adjustment of status or consular processing into LPR
Section 01

Eligibility

Core criteria an applicant must meet to file under this category.

  • EB-1A: extraordinary ability with sustained national/international acclaim β€” no employer or job offer required
  • EB-1B / EB-1C: outstanding professors/researchers, multinational managers/executives
  • EB-2: advanced degree or exceptional ability; National Interest Waiver waives the labor certification
  • EB-3: skilled workers, professionals, other workers with a US job offer and PERM labor certification
  • EB-5: investors meeting the capital and job creation thresholds
Section 02

Income Requirements

Financial Threshold

Employer must demonstrate ability to pay the offered wage from the priority date forward in PERM-based cases.

Section 03

Investment Requirements

Qualifying Investment

EB-5: $1,050,000 standard, or $800,000 in a Targeted Employment Area (rural or high-unemployment) or infrastructure project, creating 10 full-time US jobs.

Other Qualifications

Documents & Conditions

Supporting requirements typically reviewed before and during the application.

  • Documented credentials β€” degrees, licenses, publications, citations, media
  • PERM labor certification where required (EB-2 non-NIW, EB-3)
  • Source-of-funds tracing (EB-5)
  • Underlying job offer (except EB-1A and EB-2 NIW)
ImportantEligibility criteria, financial thresholds, and processing times are set by the relevant immigration authorities and change periodically. The figures shown are current general guidance only and do not constitute legal advice. We confirm exact requirements for your case during consultation.

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