How Dual I-140 Approvals Ensure Employment Independence and Risk Protection

If you are considering the employment-based green card process in the United States 🇺🇸, you may have heard about “dual I-140 approvals.” This approach can offer immigrant families more security, flexibility, and backup options during the often long and uncertain green card journey. Here, you’ll find clear eligibility criteria, step-by-step requirements, examples, disqualifying factors, and practical alternatives if you do not qualify. This guide will help you quickly figure out if dual I-140 approvals are possible for you and how they can protect your family’s future in the United States 🇺🇸.

What Are Dual I-140 Approvals?

Dual I-140 approvals mean having two or more approved Form I-140 petitions at the same time. Form I-140, Immigrant Petition for Alien Worker, is the main form employers (or sometimes individuals) use to sponsor someone for a green card based on employment. Each I-140 is tied to a specific job and employer, but you can have more than one approved if you meet certain rules.

Who Qualifies for Dual I-140 Approvals?

You may qualify for dual I-140 approvals if you meet these requirements:

• You have more than one employer willing to sponsor you for a green card. Each employer must offer a real, full-time job and file a separate I-140 petition for you.
• You qualify for different employment-based green card categories. For example, you might be eligible for both EB-2 (advanced degree) and EB-3 (skilled worker) categories.
• You are eligible to self-petition. Some categories, like EB-2 National Interest Waiver (NIW), let you file your own I-140 without an employer.
• You are not barred by fraud or misrepresentation. If you have a history of immigration fraud or misrepresentation, you cannot benefit from dual I-140 approvals.

Who Does Not Qualify?

You do not qualify for dual I-140 approvals if:

• You have only one employer willing to sponsor you and do not qualify for self-petition.
• You do not meet the requirements for any employment-based green card category.
• You have a revoked or denied I-140 due to fraud or misrepresentation.
• You are ineligible for a green card due to other legal reasons, such as certain criminal convictions.

Detailed Requirements for Dual I-140 Approvals

To get dual I-140 approvals, you must:

1. Have at least two qualifying job offers or a mix of employer and self-sponsored petitions.
2. Meet the eligibility criteria for each green card category. For example, EB-2 usually requires an advanced degree, while EB-3 may require a bachelor’s degree or two years of experience.
3. File separate I-140 petitions for each job or category. Each petition must include all required documents, such as labor certification (PERM) if needed.
4. Pay the required filing fees for each petition. As of 2025, the standard I-140 filing fee is $700, and premium processing (optional) is $2,805 for faster service.
5. Follow all instructions on the official Form I-140 page.

Examples of Dual I-140 Approvals in Practice

• Example 1: Priya, an engineer from India, has two job offers: one from a tech company (EB-2) and another from a consulting firm (EB-3). Both employers file I-140 petitions for her. If one job falls through, she can still rely on the other approved petition to continue her green card process.
• Example 2: Wei, a scientist from China, files a self-sponsored EB-2 NIW petition and also has an employer-sponsored EB-3 petition. Both are approved. If the employer withdraws sponsorship, Wei can still use the NIW petition to move forward.
• Example 3: Carlos, a manager from Brazil, has two employers in different states offering similar jobs. Both file I-140s. If one employer faces layoffs, Carlos still has a backup.

Benefits for Immigrant Families

Dual I-140 approvals offer several key benefits for immigrant families:

• Employment independence: You are not tied to a single employer for your green card. If you lose your job or want to change employers, you have another approved petition to rely on.
• Backup options: If one petition is delayed, denied, or withdrawn, the other can keep your green card process moving.
• Risk protection: If your employer goes out of business, withdraws sponsorship, or faces policy changes, your family’s green card hopes are not lost.
• Priority date retention: You can keep your original priority date (your place in line for a green card) even if you switch petitions, as long as the first I-140 was not revoked for fraud.

Disqualifying Factors

You may lose the benefits of dual I-140 approvals if:

• One or both petitions are revoked for fraud or misrepresentation.
• You do not maintain eligibility for the job or category (for example, you lose your degree or required experience).
• You fail to respond to USCIS requests for evidence or miss deadlines.
• You leave the United States 🇺🇸 and do not maintain your immigration status.

How to Improve Your Chances of Dual I-140 Approval

• Work with experienced immigration attorneys. They can help you identify all possible green card categories and prepare strong petitions.
• Apply for premium processing if you want faster decisions. Premium processing can reduce wait times from months to as little as 15-45 days, depending on the category.
• Keep all documents up to date. Make sure your job offers, degrees, and work experience letters are current and accurate.
• Communicate with your employers. Make sure both employers understand the process and are committed to supporting your petitions.
• Monitor your case status using the USCIS Case Status tool to stay informed about updates and deadlines.

Alternative Options If You Are Not Eligible

If you do not qualify for dual I-140 approvals, consider these alternatives:

• Focus on a single strong I-140 petition. Make sure your employer’s petition is complete and well-documented.
• Explore family-based green card options. If you have a close relative who is a U.S. citizen or green card holder, you may qualify through family sponsorship.
• Consider other employment-based categories. For example, if you do not qualify for EB-2, you might qualify for EB-3.
• Look into self-sponsored options. Some categories, like EB-1A (extraordinary ability) or EB-2 NIW, do not require an employer.
• Stay updated on immigration policy changes. Laws and rules can change, so check the Visa Bulletin and USCIS updates regularly.

Key Steps for Using Dual I-140 Approvals

1. File multiple I-140 petitions (either through different employers or a mix of employer and self-sponsorship).
2. Track your priority date for each petition. This date determines your place in line for a green card.
3. If one petition is withdrawn or denied, use the other approved petition to continue your green card process.
4. If your I-485 adjustment of status application has been pending for 180 days, you can change jobs to a similar position using AC21 portability rules, as long as you have an approved I-140.
5. Keep your family’s status secure by maintaining at least one active, approved I-140.

Official Resources

For the most accurate and up-to-date information, always check the official USCIS I-140 page. This page provides instructions, filing fees, and eligibility details for all employment-based green card categories.

Expert and Community Perspectives

Immigration attorneys often recommend dual I-140 approvals for families from countries with long green card wait times, such as India and China. According to analysis by VisaVerge.com, this strategy is especially helpful for those facing visa backlogs or employer instability. USCIS has also expanded premium processing to more categories, making it easier to secure multiple approvals quickly.

Conclusion and Practical Takeaways

Dual I-140 approvals can be a powerful way for immigrant families to gain employment independence, backup options, and risk protection during the green card process. If you qualify, consider filing multiple petitions to safeguard your family’s future in the United States 🇺🇸. If you do not qualify, focus on building a strong single petition or explore other green card pathways. Always use official resources and seek professional help when needed to improve your chances of success.