I-140 Approval Isn’t Residency: Understanding Green Card Steps Ahead

U.S. immigration officials are reminding workers and employers that an approved I-140 petition—the Immigrant Petition for Alien Worker—does not by itself grant U.S. permanent residency. The petition confirms a worker qualifies for an employment-based immigrant visa category and secures a place in line for an immigrant visa number, but it does not provide lawful status, work authorization, or a green card.

Only after visa numbers are available and the worker completes either Adjustment of Status in the United States or consular processing abroad does permanent residence become official, according to agency guidance and attorneys tracking the process.

What the I-140 Actually Does

• The I-140 functions as a classification approval. It notifies U.S. Citizenship and Immigration Services (USCIS) that the person fits an EB-1, EB-2, or EB-3 category, sometimes through an employer filing and sometimes through self-petition (for example, EB‑1A or National Interest Waiver).
• Approval also locks in a priority date, the worker’s place in line for a visa number based on category and country of chargeability.
• Crucial point: I-140 approval alone does not confer lawful immigration status. People waiting in the employment-based queue must keep their current nonimmigrant status valid (e.g., H‑1B or L‑1) until they reach the final step.

Visa Number Availability and the Next Steps

The timing for moving forward depends on visa number availability, published monthly by the Department of State in the Visa Bulletin.

• When a worker’s priority date is current:
  • Those inside the U.S. can file Form I-485 for Adjustment of Status.
  • Those abroad move to the consular stage via the National Visa Center.
• The federal rule: only after USCIS approves the Form I-485 or a consulate issues an immigrant visa does a person become a lawful permanent resident.

Processing Times and Premium Processing

USCIS processing trends since 2024 show steady but uneven timing for the I-140 stage.

• Standard processing: often 6 to 12 months.
• Premium processing: for an added fee of $2,500, decisions can come in roughly 2 to 6 weeks.

Attorneys say premium processing helps with workforce planning and predictability, but it does not change the worker’s place in the visa line or speed up the final green card stage. VisaVerge.com reports that patience and careful status planning remain essential, especially for backlogged categories and high‑demand countries.

Priority Date Retention and Policy Context

• USCIS allows applicants to retain their earliest approved I-140 priority date when filing a new immigrant petition with a different employer or in another qualifying category. That retention can shorten the wait for the final stage.
• Important: no 2025 policy change alters the basic rule—I-140 establishes eligibility and priority, but permanent residence comes only after final adjudication through Adjustment of Status or consular processing.

Common Misconceptions and Practical Risks

Applicants often confuse I-140 approval with permission to work freely or stay in the country without another visa. That’s a costly mistake.

• The I-140 is not a work permit and does not create lawful presence.
• People must keep their underlying status valid—often through timely H‑1B or L‑1 extensions—until they can file the I‑485 and, if eligible, request interim benefits.
• Once USCIS accepts a properly filed I‑485, applicants can seek an Employment Authorization Document (EAD) and Advance Parole for travel while the case is pending. But those benefits follow a filed and receipted I‑485, not the I‑140.

Important: Filing the I‑485 before a priority date is current can lead to rejection or denial. Traveling internationally without Advance Parole while an I‑485 is pending can also derail the case unless allowed by valid H‑1B or L‑1 use. Job changes may endanger the case unless portability rules apply.

Policy Summary and Official Resources

USCIS guidance clarifies the mechanics:

• The I-140 is a status-neutral immigrant petition: it validates eligibility and locks in the priority date.
• The Visa Bulletin controls timing and movement.
• The final step is either Form I-485 inside the U.S. or an immigrant visa interview abroad. Only those approvals confer lawful permanent resident status.

For official instructions and filing steps, USCIS directs petitioners to the agency’s Form I-140 page. Workers in the U.S. file Form I-485, Application to Register Permanent Residence or Adjust Status, when eligible; instructions and the form are available through USCIS as well. Those outside the U.S. proceed through the National Visa Center after the case becomes documentarily qualified and a consulate appointment opens.

Impact on Applicants, Families, and Employers

Families
– Spouses and children classified as derivatives do not gain any new status from the principal’s I-140 approval.
– Dependents must either maintain their own nonimmigrant status in the U.S. or remain abroad until the principal reaches the final step.
– Only when the principal files Adjustment of Status or completes consular processing can dependents move forward.

Employers
– An approved I-140 can support H‑1B extensions beyond the normal six‑year limit, allowing companies to retain key talent while visa numbers remain backlogged.
– It can also ease job changes in some cases, since a worker may carry a prior priority date to a new I-140 with a different employer.
– However, mobility has limits; attorneys recommend careful review before changing roles or job locations during the immigrant process.

Workers: three strategic takeaways

1. I‑140 approval is necessary but not sufficient. Treat it as a milestone—not the finish line.
2. Maintain lawful status until the final step. Status gaps can lead to denials, forced departure, or loss of work authorization.
3. Track the Visa Bulletin monthly. When your category and country become current, be ready to file.

What Happens During Final Adjudication

Inside the U.S. (I‑485 filing):
– USCIS initiates biometrics, a medical exam, and background screenings.
– After filing and receipting, applicants may request an EAD and Advance Parole.

Outside the U.S. (consular processing):
– The National Visa Center manages fees and documents.
– A consulate schedules an immigrant interview when capacity and documentation allow.

Either route ends with approval and a formal grant of permanent residence—either by USCIS or at a U.S. consulate.

Practical Checklist: From I-140 Approval to Green Card

• Confirm the correct preference category (EB‑1, EB‑2, EB‑3) and verify the priority date on the I‑140 approval notice.
• Check the Visa Bulletin monthly for your category and country.
• If in the U.S. when dates are current:
  • Prepare a complete Adjustment of Status packet, including medicals, proof of status, and required forms and fees.
• If abroad:
  • Follow National Visa Center instructions and attend the consular interview with updated civil and police records.
• Keep employment terms aligned with the position tied to the I‑140, or confirm portability rules before making changes.

Employers should plan timelines that account for visa bulletin movement, internal job shifts, and potential need for new petitions or labor certifications.

Final Takeaway

The bottom line remains clear: an approved I-140 petition is a major step, but it is not permission to live or work permanently in the United States. Only approval of Adjustment of Status or an immigrant visa issued at a consulate creates lawful permanent residence. Until then, workers and families must keep their current status valid, track visa number availability, and prepare for the final stage as soon as the door opens.