Waiting on an I-140 decision often feels like watching a pot that refuses to boil. When a denial notice finally arrives, the disappointment can hit hard.
At N400 Harbor Immigration Law, we help clients across the country move past roadblocks like these. In this article, we outline the most common reasons for I-140 denials so you can recognize potential issues early and stay focused on your career goals.
Common Grounds for I-140 Denial
The USCIS can deny an I-140 for many reasons, yet a handful appear over and over again. Knowing them ahead of time is half the battle.
Ineligibility for the Visa Category
The job itself must fit the visa lane you select. EB-2 positions, for instance, need an advanced degree or the foreign equivalent. If the labor certification lists a three-year bachelor’s degree as the minimum, the officer may rule that the role belongs in EB-3 or not at all.
- Make sure the PERM language mirrors the I-140 category.
- Compare foreign degrees with U.S. four-year programs through a credible evaluation.
A mismatch between the PERM and the petition is one of the fastest ways to receive a denial.
Failure to Meet Position Qualifications
Even if the job is classified correctly, the worker must still hit every educational and experience mark on the labor certification. The USCIS often looks for:
- Official transcripts, diplomas, and credential evaluations.
- Letters on the company letterhead outlining exact duties and dates of past employment.
If any link in that chain is weak or missing, the petition can fall apart.
Employer’s Inability to Pay Prevailing Wage
The USCIS checks the company’s financial strength from the PERM priority date until the green card is issued. Evidence can include federal tax returns, audited statements, or annual reports. If net income and net current assets do not cover the offered salary, the officer may deny the petition.
Insufficient Supporting Evidence
I-140 packets can run hundreds of pages. When critical proof is left out, such as missing degree copies or untranslated documents, the USCIS may deny outright or send a harsh Request For Evidence (RFE). A complete checklist before filing is the best defense.
Errors and Inconsistencies
Typos seem harmless, yet mismatched dates, wrong job titles, or conflicting addresses raise red flags. Officers compare every detail with the PERM, the résumé, and public records. Triple-check the form and all attachments before signing.
Health-Related Grounds
The I-140 stage does not require a medical exam, but health issues surface once the I-485 is filed. Contagious diseases, missing vaccines, or a history of drug abuse can still derail the overall green card plan, so deal with those concerns early.
Criminal Record Issues
Certain convictions, such as crimes involving moral turpitude, drug trafficking, or fraud, can block a green card even after the I-140 is approved. Some offenses qualify for waivers, but many do not.
Security-Related Concerns
Links to espionage or terror groups, even indirect ones, lead to fast denials. Employers should ask about any potential security issues before investing in the process.
Public Charge Concerns
Though rarer in employment cases, the USCIS may question whether the worker will rely on public benefits. The Affidavit of Support (Form I-864) and evidence of personal assets can offset such worries.
Immigration Violations
Overstays, misrepresentation, or prior removal orders can haunt an I-140 filing. Unlawful presence bars may require a separate waiver, so timing and strategy matter.
Failure to Attend Immigration Appointments
Missed fingerprints or interview dates can trigger a denial. The USCIS does allow rescheduling, but only if the request is filed before the appointment date.
Changing Jobs After I-140 Filing
Job movement is possible under INA 204(j) portability, yet two rules apply: the I-485 must be pending 180 days or more, and the new role must be in the same or similar occupational class. Jump too soon, or into a very different job, and the petition may sink.
PERM Labor Certification Issues
For EB-2 and EB-3, the PERM is the foundation. Denials often stem from:
- Weak recruitment steps
- Poorly drafted job descriptions
- Ignored audit notices
- Lack of proof that no qualified U.S. worker was available
If the PERM crumbles, the I-140 has nowhere to stand.
National Interest Waiver (NIW) Deficiencies
NIW cases skip the PERM, yet the bar is high. Officers reject petitions that fail to show national importance, a well-positioned applicant, or a clear benefit to the United States.
Options After an I-140 Denial
A denial stings, yet it rarely ends the story. Several paths remain open.
Re-file the Petition
The USCIS places no cap on how many times you can file an I-140. Study the denial notice, fix past gaps, and include a cover letter that points out fresh evidence.
Appeal the Decision
The Administrative Appeals Office (AAO) reviews I-140 denials if Form I-290B is filed within 30 days. Appeals focus on legal or factual mistakes, not on new documents.
File a Motion to Reopen or Reconsider
A motion to reopen introduces new facts, while a motion to reconsider argues that the USCIS misapplied the law. Both use the same I-290B form.
Explore Alternative Immigration Options
When an employment route stalls, other doors may remain open, such as family sponsorship, Diversity Visa entry, or humanitarian relief.
Maintain or Change Your Status
Staying in lawful status is vital during any appeal or refiling. You might extend an H-1B, switch to an F-1 for study, or move to another nonimmigrant category that fits your goals.
Need Assistance with Your I-140 Petition?
N400 Harbor Immigration Law fights for workers and businesses nationwide, turning denials into approvals whenever possible. Feel free to call us at 786-891-1309 or send a message through our Contact Us page. A focused review of your case may be the step that keeps your career plans on track. We look forward to helping you move forward with confidence.
Contact Us
Schedule a Free Case Evaluation