An employer may decide to withdraw an approved Form I-140, but the impact depends on timing:
● If the petition is withdrawn before 180 days, the green card process may be terminated unless another employer files a new I-140.
● If the petition is withdrawn after 180 days, the priority date remains valid for future petitions. If your employer is considering withdrawing your I-140, consult Amysos Holdings to explore alternative options for maintaining your status.
Successor-in-Interest (SII) Employers: What If My Employer Merges or Changes Ownership?
If a company sponsoring an I-140 petition merges, is acquired, or changes its business structure, the new employer may continue the immigration process as a Successor-in-Interest (SII).
● The new employer must prove it has assumed the rights and responsibilities of the original employer.
● Additional evidence may be required, such as business transfer agreements or tax records.
If your employer undergoes a merger or acquisition, Amysos Holdings can help ensure a seamless transition and compliance with USCIS regulations.
I-140 Denials and How to Respond
A Form I-140 petition may be denied for various reasons, including:
➔ Insufficient proof of the applicant’s qualifications or job offer.
➔ Lack of ability to pay the prevailing wage.
➔ Errors or missing information on the application.
What to Do If Your Form I-140 Is Denied
- Review the Denial Notice – USCIS provides specific reasons for denial.
- File an Appeal or Motion to Reopen – If you believe the denial was incorrect, you can appeal to the Administrative Appeals Office (AAO).
- Refile the Petition – If denial was due to missing documents, you may correct errors and submit a new Form I-140.
AMYSOS Holdings offers expert assistance in appealing denials and preparing stronger reapplications to improve your chances of approval.
USCIS Trends & Updates for Form I-140 in 2025
● New FLAG System for Labor Certifications: Employers must use the FLAG system to submit Form ETA 9089 (labor certification) before filing I-140.
● Increased Premium Processing Fee – The cost for Form I-907 (premium processing) has increased in 2024.
● Due to increased demand, longer Processing Times in Certain Categories – EB-1 and EB-2 petitions may experience longer review periods.
Final Thoughts: Navigating the I-140 Process Successfully.
Understanding Form I-140 is essential for both employers and foreign workers seeking permanent employment in the U.S. Whether you’re applying under EB-1, EB-2, or EB-3, proper documentation and preparation can speed up approval and avoid delays.
Need Help With Form I-140? AMYSOS Holdings is Your Go-To Solution!
Navigating the green card sponsorship process can be challenging, but you don’t have to do it alone. AMYSOS Holdings provides:
➔ Expert immigration consulting for employers and foreign workers.
➔ Assistance with Form I-140 filing, denials, and appeals.
➔ Guidance on job portability, employer withdrawals, and USCIS trends.
Frequently Asked Questions About Form I-140
✔ How do I check my Form I-140 status? Use the USCIS case status tool with your receipt number.
✔ Can I apply for a green card immediately after Form I-140 approval? Only when your priority date is current in the Visa Bulletin.
✔ Can my employer withdraw my I-140 petition? Yes, but under some conditions, the approval may remain valid for certain benefits.
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