If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form I-140, Immigrant Petition for Alien Worker. Some highly qualified alien workers can self-petition I-140.

Before I-140 can be filed, labor certification must be filed and approved in most categories. Labor certification, where applicable, certifies that there are not sufficient workers who are able, willing, qualified, and available at the time and place where the alien is to be employed and that employment of the alien, if qualified, will not adversely affect the wages and working conditions of similarly employed US workers.

If the application is labor certification based, the priority date is the date Department of Labor receives the application. If the application is not labor certification based, the priority date is the date when USCIS receives I-140 application.

I-485 (also EAD and Advance Parole) can be applied at the same time as applying for I-140, provided the priority date is current. You can periodically check the visa bulletin to check the priority dates.

Getting I-140 approved does not change the applicant's non-immigrant status. Applicant is still on the same non-immigrant status before I-140 was approved.

An I-140 petition approval is entirely contingent upon the employee remaining in the same job. If the job changes, then a new I-140 is required. This is true whether the I-140 is sponsored or self petitioned, though in the case of a self-petitioned I-140, a new job that is substantially similar would continue the validity of the petition.

Premium Processing of I-140 is available in certain classifications.

• Application fee must be sent with the application.
  There is no biometric fee.
  
  Fee details
  
  
• Form I-140, Immigrant Petition for Alien Worker.
  Appropriate petition type must be mentioned in the section 2 depending upon the employment based classification (EB1, EB2, EB3) and subcategory applied for.
  
  
• Approved labor certification, whenever applicable.
  
  
• For petitions that require job offers, evidence that the prospective US employer has the ability to pay the proffered wage. Employer can submit copies of annual reports, federal tax returns, or audited financial statements. Alternatively, if the employer employs 100 or more workers, a statement from a financial officer of the organization which establishes ability to pay the wage may be submitted. Additional evidence, as appropriate, such as profit/loss statements, bank account records, or personnel records may be submitted.
  
  
• In certain categories, job experience letters from your former employers on their business stationary. The experience letters don't necessarily have to be from your former bosses. Even your colleagues who know about your experience can write those letters. If your colleagues have moved to different jobs at the present, they can use the business stationary of their current employer. Letters from HR department merely stating the duration of employment won't do. Any other documents which would prove the credentials/qualifications for the job also should be submitted.
  
  
• Category specific documents
  • EB-1, Extraordinary Ability
    
    
  • EB-1, Outstanding Professors or Researchers
    
    
  • EB-1, Managers and Executives
    
    
  • EB-2, Exceptional Ability
    
    
  • EB-2, Advanced Degree Professionals
    
    
  • EB-2, National Interest Waiver
    
    
  • EB-2, Physicians in Underserved Areas
    
    
  • EB-3, Skilled, Professional, Other Workers
    
    
    

Application filing instructions

New I-140 and/or I-907 Premium Processing

• If the place of permanent employment is in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI or WY,
  
  
  • Regular I-140
    
    • For concurrent filing of Forms I-140/I-485:
      USCIS
      Nebraska Service Center
      P.O. Box 87485
      Lincoln, NE 68501-7485
      
      
    • For filing of Form I-140 only:
      USCIS
      Nebraska Service Center
      P.O. Box 87140
      Lincoln, NE 68501-7140
      
      
    Either way, private courier (non-USPS) deliveries:
    USCIS
    Nebraska Service Center
    850 S. Street,
    Lincoln, NE 68508-1225
    
    
  • New I-140/I-907 filings for premium processing:
    For United States Postal Service (USPS) deliveries:
    Premium Processing
    USCIS Nebraska Service Center
    P.O. Box 87103
    Lincoln, NE 68501-7103
    
    For private courier (non-USPS) deliveries:
    Premium Processing
    USCIS Nebraska Service Center
    850 S. Street Lincoln, NE 68508-1225
    
    Email address: NSC-Premium.140@dhs.gov
    
    
• If the place of permanent employment is in AL, AR, CT, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, SC, OK, PA, Puerto Rico, RI, TN, TX, VT, VA, U.S. Virgin Islands, WV, or Washington, DC
  
  
  • Regular I-140
    For United States Postal Service (USPS) deliveries:
    USCIS
    Texas Service Center
    P.O. Box 852135
    Mesquite, TX 75185
    
    For private courier (non-USPS) deliveries:
    USCIS
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227
    
    
  • New I-140/I-907 filings for premium processing:
    For United States Postal Service (USPS) deliveries:
    Premium Processing
    USCIS
    Texas Service Center
    P.O. Box 279030
    Dallas, TX 75227-9030
    
    For private courier (non-USPS) deliveries:
    Premium Processing
    USCIS
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227
    
    Email address: TSC-Premium.140@dhs.gov

I-140 Premium Processing Upgrade by Filing Form I-907:
If you have already filed Form I-140, you can upgrade to premium processing service by filing Form I-907 with the Service Center where Form I-140 is pending.

If your Form I-140 is pending with Nebraska Service Center or Texas Service Center, send Form I-907 to that center at the address mentioned about under premium processing.

If your Form I-140 is pending at either California or Vermont Service Center, you need to use the following corresponding address to file Form I-907.

California Service Center
For United States Postal Service (USPS) deliveries:
I-140 Premium Processing
USCIS California Service Center
P.O. Box 10140
Laguna Niguel, CA 92607-0140

For private courier (non-USPS) deliveries:
USCIS California Service Center
2400 Avila Road 2nd Floor, Room 2312 Laguna Niguel, CA 92677

Email address: CSC-Premium.140@dhs.gov

Vermont Service Center
USCIS California Service Center
63 Lower Welden Street
St. Albans, VT 05479-8001

Email address: VSC-Premium.140@dhs.gov