An approved I-140 petition is a major step in an employment-based immigration case. This petition asks the government to recognize that you qualify for an employment-based green card, but approval does not always mean the process is finished.
Before you can receive a green card, an immigrant visa generally must be available. Your next step depends on your priority date, your location and whether you can use adjustment of status or consular processing.
Check visa availability first
Your priority date, or your place in line for a green card, usually appears on your I-140 approval notice. You can compare that date with the U.S. Department of State Visa Bulletin, the monthly chart that shows when people can move forward.
If you are applying from inside the United States, U.S. Citizenship and Immigration Services (USCIS) also announces each month whether to use the Final Action Dates chart or the Dates for Filing chart.
A current priority date may allow you to move forward. If the date is not current, you may need to wait before filing the next application.
Choosing the right final step
If you are living in the United States with a valid immigration status, or you qualify for an exception, you may be able to file for an adjustment of status or Form I-485 with USCIS once your priority date is current.
Many applicants must include Form I-693, the immigration medical exam report. You may also be able to request work authorization, also called an Employment Authorization Document, while the I-485 remains pending.
If you live outside the United States, you may complete consular processing through the National Visa Center and a consulate or U.S. embassy. Your spouse and unmarried children under 21 may also have options to apply with you.
If a child is close to turning 21, timing may be more complicated because Child Status Protection Act rules may affect whether that child can still qualify.
Preparing for the final stage
The final stage can involve fingerprints, photos, updated employment documents and, in some cases, an interview. If USCIS schedules an interview, your notice will tell you where to appear.
An I-140 approval gives your case important momentum. Reviewing visa availability, filing options and required documents early can help you avoid delays as you move toward permanent residence.