Article
4 min read
What is the Difference Between Form I-140 and Form I-485?
Immigration
Author
Jemima Owen-Jones
Last Update
June 17, 2026
Table of Contents
What is an immigration ‘form’?
Immigration forms for green cards
Form I-140 vs. Form I-485 at a glance
The I-140 to I-485 process: Step by step
Streamline your US immigration journey with Deel Mobility
Quick answer: Form I-140 is your employer's petition to request you as a green card candidate (it gets you in the visa queue); Form I-485 is your personal green card application filed after your I-140 is approved and your priority date is current (it grants permanent residency).
Let’s be real—there are a lot of US immigration terms. It gets confusing. Our goal with this article is to help you understand the difference between Form I-140 and Form I-485. The more you understand now, the easier the rest of your US immigration journey will be!
What is an immigration ‘form’?
In the most basic sense, a 'Form' within US immigration refers to legal forms you fill out and send to the US government. This term is also often used to describe specific categories of visa or green card petitions.
For example, Form I-129 refers specifically to a particular form you fill out, as well as generally to all types of visas that use this form. Most US work visas are filed with Form I-129.
In this context, the information you read about work visas online may refer to Form I-129, either referencing the actual immigration form or the set of work visas that use Form I-129.
Additionally, your immigration attorney might mention that you are going to file Form I-129. They mean you will file the form, but they are also referring to all the evidence that will accompany the form you file.
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Immigration forms for green cards
You will typically be required to file two separate immigration forms to obtain a green card. If you are getting your green card through employment, this will require you to file both Form I-140 and Form I-485.
Form I-140 vs. Form I-485 at a glance
| Aspect | Form I-140 | Form I-485 |
|---|---|---|
| Full name | Immigrant Petition for Alien Worker | Application to Register Permanent Residence or Adjust Status |
| What it does | Employer petitions USCIS to classify you as eligible for an employment-based green card | You (the beneficiary) apply for permanent residency status |
| Who files | Your employer (or you, if self-petitioning) | You file it, but only after I-140 approval |
| When filed | First step in the employment-based green card process | After I-140 approval AND your priority date is current |
| What you get | A "priority date" (your place in the visa queue) | Your green card (if approved) |
| Approval timeline | Varies by category (EB-1 to EB-3): months to years | Typically 12-18 months after filing, varies by category |
| Work authorization | I-140 alone does NOT grant work authorization | You can file I-765 alongside I-485 for work authorization (EAD) while pending |
| Travel authorization | I-140 alone does NOT grant travel rights | You can file I-131 alongside I-485 for travel authorization (Advance Parole) while pending |
| Can file concurrently? | Yes, in some cases (EB-1, EB-2 NIW) with I-485 | Yes, if priority date is current at time of filing |
| USCIS fee | ~$700 (with premium processing at $2,805 separately) | ~$1,440 (adults 14+); $950 (children with parents), includes the $85 biometrics fee) |
| Bottom line | Gets you in line for a green card | Grants you permanent residency once approved |
Form I-140: Immigrant Petition for Alien Worker
Form I-140 is the first step to obtaining an employment-based green card. There are numerous I-140 categories that vary in qualifications, requirements, and processing times.
For example, EB-1, EB-2 PERM, EB-2 NIW, and EB-3 are all Form I-140 immigrant petitions. When you file a Form I-140 petition, you will receive a “priority date,” which serves as your spot in line to file Form I-485.
What you need to file Form I-140:
☐ Completed Form I-140 (filed by employer)
☐ Job offer letter outlining role, duties, and salary
☐ Your resume or CV with education and work history
☐ Education credentials (diplomas, degree certificates)
☐ Professional licenses or certifications (if applicable)
☐ Labor certification (PERM) if required for your category
☐ Evidence of employer's ability to pay your salary
☐ Reference letters from previous employers or colleagues
☐ Job description for the position being offered
Form I-485: Application to Register Permanent Residence or Adjust Status
Form I-485 is commonly referred to as your green card application or permanent residency application. If you’re applying for a green card, you will file Form I-485 regardless of whether your green card qualifications are based on employment, marital status, or humanitarian reasons.
However, you cannot file Form I-485 on its own. Form I-485 must be filed either after filing an immigrant petition or concurrently with an immigrant petition, such as Form I-140, Form I-130, or Form I-360.
In addition, you need to have a ‘current’ priority date to file Form I-485. Your priority date is the date your immigrant petition—such as Form I-140—was received by USCIS. If you want to file I-140 and I-485 at the same time (concurrently), your priority date will be the date you intend to file.
You’ll need to check the visa bulletin to determine whether or not your priority date is current. When you are current, you can file I-485. You cannot file the I-485 before filing the I-140.
What you need to file Form I-485:
☐ Completed Form I-485
☐ Passport valid for at least 6 months
☐ Birth certificate
☐ Marriage certificate (if applicable)
☐ Police certificates from all countries you've lived in for 6+ months
☐ Medical exam (Form I-693) completed by USCIS-approved doctor
☐ Chest X-ray and vaccination records
☐ Proof of financial support (Form I-864, Affidavit of Support)
☐ I-140 approval notice
☐ Visa bulletin printout showing your priority date is current
☐ Completed Form I-765 (optional, for work authorization while pending)
☐ Completed Form I-131 (optional, for travel authorization while pending)
☐ Application fees ($1,140 including the $85 biometrics for adults 14+)
The I-140 to I-485 process: Step by step
Step 1: File Form I-140
Your employer submits Form I-140 to USCIS with evidence of your qualifications, job offer, and labor certification (if required for your category).
- Timeline: Filing to initial review takes weeks to months depending on category
- Your action: Provide supporting documents (education, work history, references, job description)
Step 2: Receive your priority date
Once USCIS receives your I-140, you get assigned a "priority date"—your place in line for a green card.
- Timeline: Immediate (the filing date becomes your priority date)
- Your action: Track your priority date; you'll need it to know when you can file I-485
Step 3: Wait for I-140 approval
USCIS reviews your I-140. Processing times vary by category:
- EB-1 (Extraordinary Ability): 6-12 months
- EB-2 PERM (Professional with Advanced Degree): 12-24 months
- EB-2 NIW (National Interest Waiver): 12-18 months
- EB-3 (Skilled Worker): 18-36+ months
- Your action: Monitor USCIS processing times and your case status
Step 4: Check if your priority date is current
Check the USCIS Visa Bulletin monthly to see if your priority date is "current" (available for green card filing). Dates move slowly for oversubscribed categories.
- Timeline: Can take months to years after I-140 approval, depending on category and visa number availability
- Your action: Check the visa bulletin every month; don't file I-485 until your date is current
Step 5: File Form I-485 (when your priority date is current)
Once your priority date is current, file Form I-485 with supporting documents. You can file I-765 (work authorization) and I-131 (travel authorization) at the same time.
- Timeline: Can file immediately after I-140 approval if your priority date is already current; otherwise, you wait
- Your action: Prepare documents, schedule medical exam (Form I-693), submit I-485
Step 6: Attend biometric appointment
USCIS schedules you for fingerprinting and identity verification.
- Timeline: 1-3 months after submitting I-485
- Your action: Attend appointment and bring required ID
Step 7: Attend I-485 interview
USCIS interviews you to verify information and documents. Not all applicants are interviewed; some cases are approved on file.
- Timeline: 12-18 months after I-485 filing, varies by location
- Your action: Prepare answers about your background, employment, and move to the US
Step 8: Receive I-485 approval (green card)
USCIS approves your I-485 and issues your green card.
- Timeline: Varies; can be same day as interview or weeks after
- Your action: Receive your green card in the mail; you are now a permanent resident
When do you get your green card?
You won’t get your green card until your I-485 is approved, which will only happen after your I-140 has also been approved. Processing times vary greatly based on the type of I-140 petition you file, and they are always changing.
Be sure to monitor USCIS’s website for the most up-to-date processing times. When you file Form I-485, you can also file Form I-765: Application for Employment Authorization and Form I-131: Application for Travel Document, which grant you work authorization and the ability to travel internationally while you’re waiting for your green card to be approved.
See also: What is the difference between Form I-140 and Form I-485?
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We hope you now feel confident in your understanding of the difference between I-140s and I-485s. Do you have more immigration questions?
Check out Deel Mobility’s resources page. If you’d like personalized help exploring your green card or work visa options, book a free consultation below.
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FAQs
Can I file I-140 and I-485 at the same time?
Yes, in some cases. For EB-1 (Extraordinary Ability) and EB-2 NIW (National Interest Waiver), you can file concurrently—I-140 and I-485 together on the same day. For most other categories (EB-2 PERM, EB-3), you must wait for I-140 approval first. Check with your immigration attorney or employer to see if concurrent filing applies to your situation.
What's the difference between a "priority date" and a "current" priority date?
Your priority date is the date your I-140 was received by USCIS—it's your place in line. A "current" priority date means visa numbers are available for your category, and you're allowed to file I-485. Not all priority dates are current. You must check the USCIS Visa Bulletin monthly to see if your date is current. For oversubscribed categories (like EB-2 or EB-3), dates can take years to become current after I-140 approval.
Can I work in the US while waiting for my I-485 to be approved?
Not automatically. However, when you file I-485, you can also file Form I-765 (Application for Employment Authorization Document). If approved, the EAD grants you unrestricted work authorization in the US while your green card application is pending. Many applicants receive their EAD within 3-5 months of filing I-485, allowing them to work legally while waiting for green card approval.
Can I travel internationally while my I-485 is pending?
Not safely, unless you also file Form I-131 (Application for Travel Document - Advance Parole) with your I-485. Advance Parole allows you to travel and re-enter the US without abandoning your pending green card application. Without it, leaving the US may be seen as abandoning your application. File I-131 if you plan to travel while I-485 is pending.
How long does the entire I-140 to I-485 process take?
It depends on your category and visa number availability. Fast categories (EB-1) can take 12-18 months total. Medium categories (EB-2 NIW) take 18-30 months. Slow categories (EB-2 PERM, EB-3) can take 3-7+ years or more because visa numbers are limited and priority dates must wait years to become current. Always check the USCIS Visa Bulletin to estimate your timeline.
What happens if my I-140 is approved but my priority date never becomes current?
Your I-140 remains valid indefinitely. Your priority date stays in the queue. If visa numbers eventually become available for your category (which happens for oversubscribed categories every few years), your priority date will eventually become current and you can file I-485. Some applicants wait 5-10+ years for this to happen.
Can my employer withdraw my I-140 petition?
Yes. Your employer can withdraw the I-140 at any time, which would cancel your green card petition. Once withdrawn, you lose your priority date and must start over if you want to pursue an employment-based green card. This is why it's important to have a stable employment relationship.
What if my I-485 is denied?
If denied, you have the right to appeal or request a motion to reopen/reconsider within 33 days. You can also reapply if circumstances change. Denial does not automatically cancel your I-140; you may still have your priority date, though it depends on the reason for denial. Consult an immigration attorney immediately if your I-485 is denied.
Can I file I-485 if I'm on an H-1B or other work visa?
Yes. You can be on an H-1B, L-1, O-1, or other non-immigrant visa while your I-485 is pending. Your I-485 application itself grants you "adjustment of status" protection, and you can work legally on your EAD (Form I-765) while waiting. However, once your green card is approved, you must transition off your work visa.
Do I need an immigration attorney for I-140 and I-485?
Highly recommended. The immigration process is complex, and mistakes can delay or deny your application. An immigration attorney can ensure all documents are correct, respond to USCIS requests (RFEs), and represent you at your interview. Many employment-based green card petitioners have attorneys handle the entire process.
Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.
