I-140 Automation

Automate USCIS Form I-140 — Immigrant Petition for Alien Workers

SpaceLizit auto-fills the I-140 for EB-1, EB-2 NIW, and EB-3 categories, runs ability-to-pay analysis, validates PERM SOC codes, and generates EB-2 NIW Dhanasar arguments automatically.

EB-1/EB-2/EB-3 covered

Ability-to-pay verified

NIW drafted by AI

What Is Form I-140?

Form I-140 (Immigrant Petition for Alien Workers) is filed by US employers (or self-petitioning professionals under EB-1A, EB-1B, or EB-2 NIW) to classify a foreign national for an employment-based immigrant visa. It is the second step in the employment-based green card process after PERM labor certification (for EB-2 and EB-3). The I-140 establishes the petitioner's ability to pay the offered wage and, for EB-2 NIW, requires a detailed argument under the Dhanasar three-prong framework.

USCIS Form	I-140
Filing Fee	$715
Premium Processing	$2,805 (15 business days)
Who Files	US Employer or self-petitioning professional (EB-1A, EB-2 NIW)
Basis	PERM certification (EB-2/EB-3), extraordinary ability (EB-1A), advanced degree NIW (EB-2 NIW)
Priority Date	Established at I-140 filing (portability after 180 days)

Common Errors That Cause RFEs / Denials

SpaceLizit catches all of these before you file.

Ability-to-pay documentation insufficient

USCIS requires the petitioner to demonstrate ability to pay the offered wage from the priority date. Missing annual reports, tax returns, or financial statements — or financial statements that don't clearly support the wage — are the #1 EB-2 and EB-3 RFE trigger.

PERM SOC code mismatch

For EB-2 and EB-3 petitions, the job title and SOC code on the I-140 must match the PERM certification exactly. Any deviation requires a new PERM labor certification.

EB-2 NIW Dhanasar argument weakness

Self-petitioners frequently submit NIW petitions with generic claims about the national importance of their field rather than the specific three-prong Dhanasar argument USCIS requires. This is the leading EB-2 NIW RFE trigger.

Priority date not protected during company change

When a beneficiary changes employers after 180 days of I-140 approval, the priority date is portable. Attorneys frequently fail to preserve the priority date through proper I-485 portability procedures.

How SpaceLizit Automates Form I-140

Three steps from PERM data to filing-ready petition package.

I-140 population & PERM sync

SpaceLizit auto-fills the I-140 from PERM certification data (for EB-2/EB-3), cross-validating job title, SOC code, offered wage, and employer information for consistency. For EB-1 and EB-2 NIW, SpaceLizit generates the petition from intake data and supporting evidence.

Ability-to-pay analysis

SpaceLizit analyzes the petitioner's financial documents (IRS filings, annual reports, net assets) and generates a structured ability-to-pay argument demonstrating the employer can pay the offered wage from the priority date forward.

EB-2 NIW Dhanasar drafting

For National Interest Waiver petitions, SpaceLizit generates a structured three-prong Dhanasar argument: (1) substantial merit and national importance of the endeavor, (2) well-positioned to advance the endeavor, (3) national benefit outweighs labor market protection. Attorneys review and refine.

I-140 Compliance Checklist

SpaceLizit validates every item before generating your filing package.

PERM SOC code and job title match I-140 exactly (EB-2/EB-3)

Ability-to-pay documentation covers from priority date forward

Offered wage meets or exceeds PERM prevailing wage

Three-prong Dhanasar argument complete (EB-2 NIW)

Beneficiary's advanced degree or exceptional ability documented

Filing fee included ($715) + premium processing I-907 if applicable

Priority date noted for I-485 portability if beneficiary changes employers

Frequently Asked Questions — Form I-140

What is Form I-140?

Form I-140 is the Immigrant Petition for Alien Workers, filed with USCIS to classify a foreign national for an employment-based immigrant visa (green card). The employer files the I-140 for EB-1B, EB-2, and EB-3 categories. For EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver), the foreign national can self-petition. An approved I-140 establishes the priority date that determines when the green card application can be filed.

What is the EB-2 NIW, and how does SpaceLizit help?

The EB-2 National Interest Waiver allows foreign nationals with advanced degrees or exceptional ability to self-petition for a green card without an employer sponsor or PERM labor certification, if their work is in the US national interest. USCIS evaluates NIW petitions under the Dhanasar three-prong framework. SpaceLizit's AI generates a structured Dhanasar analysis tailored to the petitioner's field, accomplishments, and career trajectory — addressing all three prongs with case-specific arguments.

What documents are required for an I-140 petition?

Required documents vary by category. For employer-sponsored EB-2/EB-3: the PERM labor certification, ability-to-pay documentation (tax returns or annual report), beneficiary's degree and transcripts, and employer support letter. For EB-2 NIW: evidence of advanced degree or exceptional ability, statement of proposed endeavor, and letters of support. For EB-1A: evidence of extraordinary ability in at least 3 of 10 USCIS criteria. SpaceLizit generates a case-specific checklist automatically.

How does SpaceLizit verify ability-to-pay for I-140 petitions?

SpaceLizit analyzes the petitioner employer's financial documents — typically IRS Form 1120 (corporate), IRS Form 1065 (partnership), or IRS Form 1040 (Schedule C for sole proprietors) — and verifies that net income, net assets, or gross income exceeds the offered wage from the I-140 priority date. The AI generates a structured ability-to-pay argument in the format USCIS adjudicators expect, reducing the risk of an RFE.

Does an I-140 approval lock in the priority date if the employee changes jobs?

Yes — once an I-140 has been approved for 180 days or more, the priority date is portable to a new employer in the same or similar occupational classification under INA 204(j). SpaceLizit tracks I-140 approval dates and flags cases approaching the 180-day portability threshold, helping attorneys proactively advise clients on job change timing to protect the priority date.

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