Establishes the employment-based green-card category (EB-1/2/3). For PERM-based cases it follows a certified labor certification and sets your priority date.
Key fields to get right
- Priority date = PERM filing date (or I-140 receipt for categories without PERM). Track it on the Visa Bulletin tool.
- Job requirements must match the PERM exactly.
- Ability-to-pay evidence must cover from the priority date forward.
Common mistakes
- Education/experience that doesn't meet the PERM minimum requirements.
- Switching the offered position or worksite from the PERM without explanation.
Documents to have ready
- Approved PERM (ETA-9089) where required
- Degrees, transcripts, experience letters
- Employer's tax returns / audited financials
Tip. Your priority date controls everything downstream — note it the day the I-140 is filed and watch it against the bulletin.
Frequently asked
What does the I-140 establish?
It establishes the employment-based immigrant category (EB-1, EB-2 or EB-3) and, for PERM-based cases, sets your priority date.
What is my I-140 priority date?
For PERM-based cases it is the date the PERM labor certification was filed; for categories without PERM it is the I-140 receipt date. Track it against the Visa Bulletin.