Why Does I-140 Approval Alone Not Grant US Residency in 2025?

When the foreign workers get the notice of I-140 approval, they rejoice that they have become permanent USA residents. Nevertheless, an approved I-140 petition is one stage in the long and winding path to receiving a green card, not the end.

Understanding What I-140 Approval Actually Means. 

An authorised I-140 immigrant petition does not grant any permanent residence, lawful or work authorisation in the US. It only determines your eligibility to get a particular immigrant visa classification. The US Citizenship and Immigration Services (USCIS) adds that an I-140 approval does not grant permanent residence or employment authorization.

Also Read: Cost of Transit Visa for USA: New Fees & Process Guide

What I-140 Approval Does NOT Provide

Recognition of the approved petition does not vest lawful immigration status. As USCIS states, an adequate 'Pending or Approved Immigrant Petition does not provide lawful immigration status to the beneficiary. An immigrant petition only categorises the beneficiary in a specific immigrant visa category".

Key Limitations

• No instantly concrete lodging

• No working permit

• No change of current immigration status

• There is no promise of issuing a green card

What I-140 Approval DOES Provide

The most critical consequence of I-140 approval is acquiring your priority date and place on the green card line. Priority date In the employment-based category, the date of your priority is the date the Department of Labour awards your labour certification or the date the U.S. Citizenship and Immigration Services receives your I-140. This date is used to decide whether or not you can file Form I-485, Adjustment of Status, or consular process.

The Green Card Process: Step-by-Step Breakdown in 2025

This table shows the step-by-step breakdown of the green card process:

Priority Date and Visa Bulletin Explained

When your I-140 approval takes place, ur priority date becomes essential. It is the date when you fall in line in the process of visa numbers becoming available. The Department of State provides information on the month-by-month date when a priority date is current in each employment category and country of birth in a monthly Visa Bulletin.

Priority Date Retention Rules

The current priority date will be left with you permanently under federal regulations in case your I-140 is approved. You can borrow a previous priority date if you move to another employer and require a different I-140 petition. This regulation provides that the first I-140 approved on behalf of an alien under EB-1, EB-2, or EB-3 grants the alien the priority date of the permitted petition in case of a subsequently filed I-140 petition.

Also Read: Difference Between B1 and B2 Visa USA: Experts' New Guide

Next Steps After I-140 Approval

Once your priority date becomes current according to the Visa Bulletin, you have two pathways:

Adjustment of Status (Form I-485)

If you are within the US with a valid status, you can use Form I-485. Requirements include:

• Remaining in the legal non-immigrant status

• Inspected and admitted or paroled

• The availability of an immigrant visa number

Consular Processing

Your case will be transferred to the National Visa Centre. If you are a foreigner, you will have to:

• DS-260 fill out

• Schedule Meeting Consular

• Medical check-up.

Current Processing Times and Backlogs

Here are details about current processing times and backlogs:

Typical I-140 processing is 6-12 months, where premium processing shortens it to 15 business days at an added processing fee of $2,805.

Potential Risks and Revocation Issues

Only an I-140 approval is not permanent, and the USCIS may revoke it under certain conditions:

• The cancellation of the opportunity by the employer

• Fraud awareness or misrepresentation, the company's inability to afford what is offered in wages

• Some transformation in work demands

It is essential that recent court rulings have held that USCIS revocation decisions are not amenable to review in federal court, and submissions to the agency are crucial and must be prepared carefully.

Benefits During the Waiting Period

Here are some benefits you can reap during the waiting period:

H-1B Extensions Beyond Six Years

H-1Bs who have approved I-140 should get allowances beyond the standard six-year period under AC 21. One-year extensions become possible if the I-140 has been granted or is pending for at least 365 days.

Employment Authorisation in Compelling Circumstances

Nonimmigrants whose I-140 is approved may be eligible as category (c)(35). This applies to beneficiaries of the H-1B, L-1, O-1, and or E-3 categories in compelling circumstances.

Strategic Planning for Long Waits

Here is how to plan strategically for long waits:

Given the possibility of long waiting periods, specifically for Indian and Chinese citizens, keeping a lawful status is significant. This includes:

• Salva-congiuntura H-1B

• Strategically-arranged AC21 portability job changes

• Community planning co-ordinates were centred around obtaining visas.

• Staying pathways option

Also Read: Top 10 Visa Rejected Reasons: Know Latest Changes

Common Misconceptions About I-140 Approval

A lot of applicants erroneously expect I-140 approval to mean:

• The imminent issuing of work permission to the spouses

• Visa-free movement ability

• Job, or layoff protection

• Assuring a green card within a specific period, realizing the shortcomings, aids in establishing attainable expectations and planning prospectively, which may take years.

Conclusion

I-140 approval is an imperative part of the green card process as it establishes your priority date and confirms eligibility, but does not provide immediate lawful status, work authorization, or residence in the US. The applicants are expected to receive their current visa status and continue with the further process of adjusting status or consular processing before becoming permanent residents. Contact TerraTern for more information!