Green Card / The process
Step 3: the I-140 and your priority date
The I-140 is the employer's immigrant petition. Its approval locks in your priority date, your place in line, and unlocks H-1B extensions and the H-4 EAD.
Once PERM is certified, your employer files Form I-140 with USCIS. It asks USCIS to classify you as EB-2 or EB-3 (or EB-1, which skips PERM).
Cost and speed
- Filing fee $715, plus the Asylum Program Fee of $600 (large employers), $300 (small) or $0 (nonprofits).
- Premium processing costs $2,965 since March 1, 2026 and gets a decision in 15 business days for most EB-2 and EB-3 cases.
Your priority date
Your priority date is the date PERM was filed (or the I-140 filing date if no PERM was needed). It’s your place in the queue. Once the I-140 is approved, you generally keep that priority date for any later I-140, even with a new employer, unless the I-140 was revoked for fraud, misrepresentation or a material error.
Why approval matters beyond the green card
- H-1B extensions past six years in three-year blocks. See six-year limit.
- H-4 EAD eligibility for your spouse. See H-4 EAD.
- The 180-day rule: once an I-140 has been approved for 180 days, the employer withdrawing it (or going out of business) does not revoke it for these purposes.
Concurrent filing
If your priority date is already current when the I-140 is filed, you can file the I-140 and your I-485 together. That’s common for people born outside India and China. Check the Visa Bulletin tracker.
Next: reading the Visa Bulletin.
The good
- Premium processing gives a decision in 15 business days
- An approved I-140 keeps your priority date even if you change jobs
- After 180 days of approval, withdrawal no longer revokes it for most purposes
The hard
- The employer must show it can pay the offered wage
- For India and China, approval is just the start of a long wait
- A revocation for fraud or error takes the priority date with it
Recent from immigration lawyers
From independent law firms, newest first. Not reviewed by h1b-life, not legal advice and not an endorsement.
- Can an Approved I-140 Still Help After the Employer Withdraws It?Murthy Law Firm · Nov 11, 2026
- My Child Aged Out of Our Employment-Based Green Card Case: What Now?Reddy Neumann Brown · Nov 11, 2026
- DHS Proposes to End Deference to Prior Approvals on H-1B and Other I-129 ExtensionsReddy Neumann Brown · Nov 10, 2026
- The Finish Line Keeps Moving for H-4 EAD ApplicantsReddy Neumann Brown · Nov 9, 2026
Sources
- USCIS: Form I-140, Immigrant Petition for Alien Workers
- Federal Register: Retention of EB-1, EB-2, and EB-3 Immigrant Workers (2016 AC21 rule)
- Federal Register: Adjustment to Premium Processing Fees
- Fragomen: New USCIS fees (I-140 $715, Asylum Program Fee)
Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.