I-140 vs H-1B: Understanding Key Differences and Importance of Approval

As of July 22, 2025, important updates have shaped how the I-140 petition and the H-1B visa work together in the U.S. immigration system. These changes affect foreign workers, employers, and anyone planning to move from temporary work status to permanent residency in the United States 🇺🇸. This update explains what has changed, who is affected, what actions are required, and what these changes mean for pending and future applications.

Summary of What Changed

Recent updates in 2024 and 2025 have brought higher fees for H-1B visa applications, stricter rules for the H-1B lottery, and clearer guidance on how I-140 petition approvals help workers extend their stay and keep their place in the green card line. These changes impact both new applicants and those already in the process, especially people from countries with long green card wait times like India and China.

Who Is Affected

• Foreign workers on H-1B visas seeking permanent residency through employment
• Employers sponsoring workers for H-1B visas or green cards
• Applicants with pending or approved I-140 petitions
• Workers from countries with long green card backlogs

Effective Dates

• Most fee increases and lottery changes took effect in early 2025.
• Updated rules on I-140 withdrawal and retention apply to petitions approved for at least 180 days as of 2024.
• These updates are current as of July 22, 2025.

Understanding the H-1B Visa

The H-1B visa is a temporary work permit for foreign professionals in specialty jobs. These jobs usually need at least a bachelor’s degree or special skills. Employers in the United States 🇺🇸 use the H-1B visa to hire workers from other countries when they cannot find qualified U.S. workers.

Key Points about the H-1B Visa:

• Temporary Status: The H-1B is a non-immigrant visa, meaning it does not lead directly to a green card.
• Duration: It is valid for up to six years (an initial three years, plus a possible three-year extension).
• Annual Cap and Lottery: Each year, there is a limit of 65,000 H-1B visas, plus 20,000 more for people with a U.S. master’s degree. Because more people apply than there are visas, a lottery system decides who gets selected.
• Recent Numbers: In 2025, there were 479,953 registrations for the H-1B lottery, down from 780,884 in 2024. This drop is due to new rules that make sure only eligible people apply.
• Costs: Employers now pay $215 for electronic registration and $780 for the Form I-129 petition, plus other fees like a $600 asylum program fee. These costs are much higher than before and can be hard for small businesses.
• Work Authorization: The H-1B visa lets you work legally in the United States 🇺🇸, but it does not give you permanent residency.

For more details, see the USCIS H-1B information page.

Understanding the I-140 Petition

The I-140 petition is the next step for workers who want to move from temporary H-1B status to permanent residency (a green card). The I-140 is an immigrant petition, which means it is part of the process to become a permanent resident.

Key Points about the I-140 Petition:

• Employer Sponsorship: The employer files the I-140, showing they want to hire the worker permanently and that the worker meets the job requirements.
• No Work Authorization: The I-140 approval does not give the worker the right to work or stay in the United States 🇺🇸 by itself. The worker must keep a valid visa status, like H-1B, while waiting for the green card.
• Priority Date: When the I-140 is filed, it sets a “priority date.” This date is your place in line for a green card. If you change employers, you may be able to keep (“port”) your priority date if certain rules are met.
• Green Card Categories: The I-140 is used for employment-based green card categories like EB-1, EB-2, and EB-3.

For official details, visit the USCIS I-140 information page.

Why I-140 Approval Matters

The approval of the I-140 petition is a turning point in the green card process. Here’s why it is so important:

1. Extending H-1B Beyond Six Years

Normally, H-1B status lasts for six years. But if you have an approved I-140 and your priority date is not current (meaning you cannot yet apply for a green card), you can apply for one-year H-1B extensions beyond the six-year limit. This is especially important for people from countries with long green card waits, like India and China.

2. Priority Date Retention and Portability

If your I-140 has been approved for at least 180 days, you keep your priority date even if your employer withdraws the petition. This means you do not lose your place in the green card line if you change jobs, unless the government finds fraud or a mistake in your case.

3. Adjustment of Status (Form I-485) Eligibility

You need an approved I-140 and a current priority date to file Form I-485, which is the application to become a permanent resident. Sometimes, you can file the I-140 and I-485 at the same time if your priority date is current, which can speed up the process.

4. Green Card Process Advancement

I-140 approval shows that your green card process is moving forward. It lets you keep your legal status while you wait for your priority date to become current.

Key Differences Between I-140 and H-1B

It’s easy to get confused between the I-140 petition and the H-1B visa, but they have very different roles:

Recent Policy Updates and Practical Implications (2024-2025)

Several important changes have taken place in the last two years:

H-1B Fee Increases

• The H-1B registration fee jumped from $10 to $215.
• The Form I-129 filing fee increased from $460 to $780.
• A new $600 asylum program fee now applies to all petitions.
• These higher costs make it more expensive for employers to sponsor workers, especially for small businesses.

H-1B Lottery Changes

• The 2025 lottery had fewer registrations because of stricter eligibility rules.
• These rules aim to stop abuse and make the selection process fairer.

I-140 Withdrawal and Retention

• If an employer withdraws an I-140 after it has been approved for at least 180 days, the petition usually stays valid for the worker. This allows the worker to keep extending H-1B status and keep their priority date, unless there is fraud or a mistake.

Green Card Processing Times

• The fastest timeline for moving from H-1B to green card through I-140 and I-485 is about 2 to 2.5 years.
• The average processing time for I-140 approval is about 6.9 months.

Backlogs and Extensions

• Workers from India and China often face long waits for green cards.
• Approved I-140 petitions let these workers keep extending their H-1B status beyond six years, so they can stay in the United States 🇺🇸 legally while waiting.

For up-to-date processing times, check the USCIS Processing Times page.

Expert Perspectives

Immigration lawyers and policy experts stress the importance of the I-140 petition for anyone hoping to stay in the United States 🇺🇸 long-term:

• I-140 approval is the key to extending H-1B status beyond six years and keeping your place in the green card line.
• I-140 approval does not let you skip the H-1B lottery or cap. It only helps with extensions and priority date retention.
• Employers face higher costs due to increased fees, which may make some less willing to sponsor workers, especially small companies.
• Priority date portability gives workers more freedom to change jobs without losing progress toward a green card.

As reported by VisaVerge.com, these changes have made it even more important for workers and employers to plan carefully and understand each step of the process.

Step-by-Step Process: Moving from H-1B to Green Card via I-140

Here’s a simple outline of how the process works:

1. H-1B Visa Sponsorship
   • Employer files an H-1B petition.
   • Worker gets H-1B status and starts working in the United States 🇺🇸.
2. PERM Labor Certification (if required)
   • Employer files a labor certification to show there are no qualified U.S. workers for the job.
3. I-140 Petition Filing
   • Employer files the I-140 petition with USCIS for the worker.
4. I-140 Approval
   • USCIS approves the I-140, setting the worker’s priority date.
5. H-1B Extensions
   • If the priority date is not current, the worker can apply for one-year H-1B extensions beyond six years.
6. Priority Date Becomes Current
   • Worker files Form I-485 to adjust status to permanent resident.
7. Green Card Interview and Approval
   • USCIS interviews the worker and, if all goes well, grants the green card.

Required Actions for Applicants and Employers

If you are a worker or employer affected by these changes, here’s what you should do:

• Workers:
  • Keep your H-1B status valid while waiting for your green card.
  • Track your priority date and know when you can file Form I-485.
  • If you change jobs, make sure your I-140 has been approved for at least 180 days to keep your priority date.

• Employers:
  • Budget for higher H-1B and I-140 fees.
  • Make sure you meet all new eligibility rules before entering the H-1B lottery.
  • If you need to withdraw an I-140, check if it has been approved for at least 180 days to avoid harming the worker’s status.

Implications for Pending Applications

• Pending H-1B Applications: Higher fees and stricter lottery rules may affect your chances and costs.
• Pending I-140 Petitions: Processing times remain steady, but approved petitions are more valuable than ever for extending H-1B status.
• Workers from Backlogged Countries: Approved I-140 petitions are essential for staying in the United States 🇺🇸 legally while waiting for a green card.

Official Resources

For more information and the latest updates, visit the USCIS H-1B Specialty Occupations page.

Future Outlook

Looking ahead, the U.S. immigration system is likely to see more changes in H-1B lottery rules and fees. Green card backlogs, especially for Indian and Chinese nationals, will continue to be a challenge. The I-140 petition and H-1B visa will remain the main paths for skilled workers, even as some people look at other options like the O-1 or National Interest Waiver (NIW) visas.

Takeaways and Next Steps

• I-140 approval is more important than ever for workers hoping to stay in the United States 🇺🇸 long-term.
• H-1B visa holders should plan ahead for higher costs and stricter rules.
• Employers need to budget for increased fees and understand the new rules before sponsoring workers.
• Track your priority date and keep your status valid at all times.
• Use official resources to stay informed about changes in the U.S. immigration system.

By understanding these updates and taking the right steps, both workers and employers can better manage the complex process of moving from H-1B status to permanent residency through the I-140 petition.

Learn Today

I-140 petition → Immigrant petition filed by employers to sponsor workers for employment-based green cards.
H-1B visa → Temporary non-immigrant visa for specialty occupations requiring bachelor’s degree or equivalent.
Priority date → The date an I-140 petition is filed, setting a worker’s place in the green card queue.
Lottery system → Random selection process used when H-1B petitions exceed the annual cap of available visas.
Adjustment of Status → Process filing Form I-485 to become a permanent resident while remaining in the U.S.

This Article in a Nutshell

As of July 22, 2025, updated rules link I-140 petitions and H-1B visas, affecting fees, extensions, and green card eligibility for foreign workers.
— By VisaVerge.com