Following the approval of Form I-140, Immigrant Petition for Alien Worker, the beneficiary’s immigration journey is not yet complete. The subsequent steps depend on the beneficiary’s location (whether inside the United States or abroad) and their preference category. For individuals already in the U.S. in a valid non-immigrant status, the next phase typically involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the I-140 or after its approval, provided a visa number is immediately available. For those residing outside the U.S., the process shifts to consular processing through the National Visa Center (NVC).
The I-140 approval represents a significant milestone, establishing that the beneficiary meets the qualifications for the specific employment-based immigrant visa category. This approval signifies the U.S. employer’s commitment to sponsoring the foreign national for permanent residency, based on the demonstration of a legitimate job offer and the employer’s ability to pay the offered wage. Historically, the I-140 approval served as a crucial benchmark, providing a pathway towards securing work authorization and eventual permanent residency in the United States, fueling economic growth and diversifying the workforce.
