Form I-140 EB-3 is the petition sponsoring a foreign worker, a key link in an employment-based green card case. This is the step where the employer formally asks USCIS to recognize the candidate for this category. This article explains what Form I-140 is, who files it, the fees involved, and the processing time.
Understanding this form helps you track progress correctly and know which fee belongs to which stage. This is essential knowledge for every applicant.
What is Form I-140 EB-3 and who files it
Theo U.S. Citizenship and Immigration Services (USCIS), this is a petition for an alien worker, filed by the employer after labor certification has been obtained. The applicant does not file this form themselves, since the EB-3 category is based on employer sponsorship.
This form is meant to confirm three things: the employment relationship is genuine, the job is genuine, and the employer has the ability to pay the offered wage. This is why this step is also called the ability-to-pay step.
Filing fee and related costs
In terms of cost, this form carries a base filing fee to USCIS. In addition, many employers must also pay an asylum program fee, at rates that vary depending on the size and nature of the organization.
Specifically, small businesses and nonprofit organizations receive a reduced rate or are exempt from this fee. Since fees may change under new regulations, you should check the official figure directly on the USCIS website at the time of filing.
Standard and premium processing times
The standard processing time for this form usually takes several months, depending on the processing center and the complexity of the case. In many cases, this time varies considerably between cases.
For those who need a faster result, premium processing is available for this form, guaranteeing a response within a set number of business days in exchange for an additional fee. However, this service only speeds up the review of the petition itself, not the wait for the priority date afterward.
After the petition is approved
Once the petition is approved, the applicant receives a priority date, marking their place in the queue. This is the basis for tracking the monthly visa bulletin.
Note: an approved petition does not mean an immediate green card. It is only a confirmation step to enter the waiting stage. Understanding this helps you avoid wrong expectations about the speed after approval.
Summary
Form I-140 EB-3 is the step where the employer sponsors the candidate after labor certification is obtained, confirming the job and the ability to pay. Fees and processing times change according to regulations, so official figures should be checked. You should understand this is a confirmation step to enter the waiting stage, not the final destination.
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References
- U.S. Citizenship and Immigration Services (USCIS), Form I-140 – https://www.uscis.gov/i-140
- U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
Read more: Overview of the EB-3 visa for US immigration · Settling in the United States through marriage: overview and key notes
