Understanding the I-140 Process and the Visa Bulletin

Last Updated on: Employment-Based Green Cards, PERM Labor Certification
Understanding the I-140 Process and the Visa Bulletin

The I-140 process and the Visa Bulletin can be complex, but understanding key elements like priority dates, adjustment of status, and premium processing can make the journey smoother. This article answers common employee questions to help you stay informed during your employment-based green card process.

What is the I-140 Petition?

The I-140, Immigrant Petition for Alien Worker, is filed by your employer to sponsor you for a green card. It’s a critical step in the employment-based green card process and establishes your eligibility in one of several preference categories, such as EB-2 or EB-3.

What is the Visa Bulletin, and Why is It Important?

The U.S. Department of State publishes the Visa Bulletin monthly and determines when you can proceed with your green card application. It tracks the availability of immigrant visas (green cards) by category and country of origin, helping applicants know if they are eligible to apply for adjustment of status (Form I-485) or consular processing. You can find the Visa Bulletin here.

What is a Priority Date, and How Can I Find Mine?

Your priority date is a critical part of the green card process. It’s the date when:

  • Your employer filed your PERM Labor Certification (if required) or
  • Your employer filed your I-140 petition (if no labor certification was needed).

Your priority date is on the I-140 approval notice (Form I-797) or the 9089 Certification. If you do not have a copy, you should request one from your employer.

How Do I Determine My Wait Time for a Green Card?

To estimate your wait time:

  1. Look up the Visa Bulletin on the U.S. Department of State’s website.
  2. Find your green card category (e.g., EB-2 or EB-3) and your country of birth.
  3. Compare your priority date to the final action date listed.

If your priority date is earlier than the final action date, a visa is available, and you may proceed with your green card application. If not, you must wait until your priority date becomes current.

How Does Premium Processing Affect the I-140 Process?

Premium processing accelerates the USCIS decision on the I-140 petition to 15 business days for an additional fee. While it doesn’t impact your priority date or Visa Bulletin timing, it can be helpful for employers needing quicker I-140 approvals, particularly for extending H-1B status. Premium processing will not move up your priority date or speed up the visa bulletin. Premium processing only applies to USCIS Form I-140. In cases of a long wait due to visa backlogs, Form I-140 will not help you receive your green card faster. It simply expedites the I-140 adjudication process.

When Can I Apply for Adjustment of Status (Form I-485)?

You can apply for adjustment of status if:

  • Your priority date is current in the final action date chart or the dates for filing chart (if USCIS is using that chart).
  • You are physically in the U.S. and meet other eligibility criteria, such as maintaining lawful status.

If you are abroad, you may need to complete consular processing instead. If your priority date is not current, depending on your visa category (EB-1, EB-2, EB-3) and your country of birth, it could take several years before you qualify to take this step.

What Happens If My Priority Date Retrogresses?

Retrogression occurs when the final action date moves backward, delaying green card availability. If this happens after you’ve filed Form I-485:

  • USCIS will pause the adjudication of your case.
  • You may remain in the U.S. on a pending status.
  • If issued, you can continue using your Employment Authorization Document (EAD) and Advance Parole (AP).

Can I Change Jobs During the I-140 Process?

Under the American Competitiveness in the 21st Century Act (AC21), you may be able to change jobs without restarting the process if:

  • Your I-140 petition is approved, and
  • Your Form I-485 has been pending for at least 180 days.

The new job must be in the same or a similar occupational classification. Always consult with an immigration attorney to confirm eligibility before making changes.

Can I Continue to Work While My I-140 Processes and I Wait for My Priority Date?

Yes, you can continue working while your I-140 is being processed and as you wait for your priority date to become current. Here’s how:

  • If you are on a valid work visa, such as a TN, H-1B, or L-1, you can continue to work as long as you maintain your status.
  • After the I-140 approval, if your employer needs to extend your work visa (like an H-1B), the approved I-140 can be used for extensions beyond the usual six-year limit of H-1B status.
  • If you are eligible to file Form I-485 (Adjustment of Status) once your priority date becomes current, you can also apply for an Employment Authorization Document (EAD), which allows you to work while your green card application is pending.

Helpful Resources:

Conclusion

Understanding the I-140 process and Visa Bulletin is essential for a smoother green card application. By keeping track of your priority date, knowing how premium processing works, and staying informed about adjustment of status, you can take proactive steps toward achieving your immigration goals. If you need assistance or have questions, schedule a consultation with one of our experienced immigration lawyers.

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We Can Help!

If you have questions regarding the I-140 process and Visa Bulletin, We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

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