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Does an I-140 count as immigrant intent?

Key answer

An approved I-140 is not an immigrant visa but a prerequisite for one; members treat filing the DS-260 or I-485 as the actual immigrant step. The chat quotes the rule that an approved I-140 by itself may not be the sole reason to refuse admission if the trip is temporary, and a similar wording for F-1 students. Filing does not affect the visa itself while it is not revoked; the question is the border officer's interpretation, who sees filed petitions and judges the real purpose of entry. Some file the I-485 before 90 days too; nobody in the chat has seen a denial for that alone.
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Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • An approved I-140 is not an immigration visa; it is a prerequisite for obtaining one. There is an official statement: the mere fact that a person is a beneficiary of an approved I-140 petition cannot be the sole reason for denying entry, re-entry, or extension of stay if their intent is to remain in the U.S. temporarily. For TN, it is also very important not to have immigration intentions; otherwise, they simply won't be allowed at the border, and the rule is phrased that way.

  • That's right; I'm exactly saying that: I-140 is not an intention. And I-140 is not an application for an immigration visa. That would be the submission of DS-260 at the consulate or I-485 in the U.S.

  • I found specific information about F-1: it explains that F and M students must have a residence abroad that they do not intend to abandon, but they can still be beneficiaries of labor certification or immigration petition and still demonstrate the intent to leave after a temporary stay.

  • I think it doesn't matter. I-140 is not a direct immigration intent, only indirectly. Until you file I-485, you're not indicating a change of status. Some people even submit I-485 within 90 days, and everything is fine. If someone sees a reason for denial - not waiting 90 days, please let us know.

  • The status application will not affect it: the visa is valid for the time indicated on it unless it is canceled. The other issue is the officer's interpretation at the border. There is a belief that they see submitted petitions and can deny entry if the intentions at the time of entry are not tourist-related and do not match the type of visa. If you are carrying a cat, dog, educational documents, and a stack of resumes for a two-week tourist trip, you understand.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: Process and timelinesAll questions on: Green cardAll questions on: Consulate and interviewAll questions on: EB-1AAll questions on: EB-2 NIW

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A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

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