Avoid Delay by Following Rules

USCIS updates instructions on filing I-140

On September 23, 2024, U.S. Citizenship and Immigration Services (USCIS) updated the instructions on how to complete Form I-140, Immigrant Petition for Alien Workers, to reduce the number of rejected applications due to incomplete information or incorrect fees.

The filing address varies depending on whether the form is filed alone or alongside another form, so it is crucial to check the Direct Filing Addresses for accurate submission.

Since the form and fees were updated in April 2024, accuracy is key to avoid delays.

Overview of Form I-140

Form I-140, also known as the Immigrant Petition for Alien Worker, is a crucial document in the employment-based green card process. It is submitted to the United States Citizenship and Immigration Services (USCIS) by a prospective employer to petition an alien worker for a permanent visa. This form is used to demonstrate the alien worker’s qualifications and eligibility for a permanent visa.

The Form I-140 is a critical step in the immigrant visa process, and it requires careful preparation and submission to USCIS. Employers must provide detailed information about the job offer and the alien worker’s qualifications, ensuring that all required documentation is included. This meticulous preparation helps to avoid delays and increases the chances of a successful petition.

Form I-140 Instructions

Correct Fee Submission

  • When filing Form I-140, you must submit two separate payments:
  • $715 Filing Fee
  • Asylum Program Fee (varies by petitioner type)
  • The Asylum Program Fee can be $600, $300, or $0 depending on the situation. Both payments must be the same type (check, money order or Form G-1450 if paying by credit card). If you mix payment types, the application will be rejected.

Part 1: Questions 5 and 6

  • Questions 5 and 6 in Part 1 are critical to the reduced fee eligibility. Do not leave these fields blank as they impact the Asylum Program Fee.
  • Question 5 asks if you are a nonprofit, small business or research organization.
  • Question 6 asks if you have fewer than 25 full-time employees in the U.S.

Leaving these questions blank will cause the application to be rejected.

Fee Calculation

Use this table to calculate your total fee based on your answers in Part 1, Questions 5 and 6:

Petitioner Type

 Q5: Nonprofit? Q6: Small Business? Asylum Program Fee Filing Fee Total Payment
Nonprofit or Small Business
Nonprofit organization or government research institution Yes Yes or No $0 $715 $715
Small business (25 or fewer full-time employees) No Yes $300 $715 $1,015
Individual Self-Petitioner
Self-petitioner with 25 or fewer (or zero) full-time employees No Yes $300 $715 $1,015
All Other Petitioners
Petitioners not qualifying for reduced fee No No $600 $715 $1,315

Note: All payments must be separate and of the same type. Mixing payment types (e.g., one check and one money order) will cause the form to be rejected.

Common Form I-140 Filing Mistakes

To reduce rejections and make the process easier:

  • Read Form I-140 Instructions Carefully: Definitions for nonprofits, small businesses and other petitioner types can be found in the instructions (PDF, 393.86 KB) or in the USCIS regulations 8 CFR 106.1(f).
  • Go to the USCIS Lockbox Resource Page: For step-by-step filing instructions, including common filing errors, payment methods and how to make sure your form package is complete, go to the Five Steps to File at the Lockbox webpage.
  • Avoid Filing with Expired Labor Certifications: Ensure that labor certifications are filed within 180 days from the date of certification. Petitions with expired labor certifications filed after this 180-day rule will be rejected.
  • Check the Direct Filing Addresses: The filing address varies depending on whether Form I-140 is filed alone or with another form. Always verify the Direct Filing Addresses to ensure accurate submission and avoid rejections.

Make sure your form is complete, fees are correct and payment methods match and you will reduce the chance of rejection and speed up the processing of your Form I-140.

Filing at the USCIS Lockbox: A Guide

USCIS allows you to file many forms online which is often more convenient and allows for case tracking. But if online filing is not an option for your specific form, you can file at a USCIS Lockbox facility. Here’s a step-by-step guide to help you file correctly and get accepted without delay.

1. What to File

  • Find and Download: Go to the USCIS All Forms page to find the form you need. Look at the page for that form to find filing instructions, checklists, fees and address.
  • Edition Check: Make sure you have the current edition by checking the edition date at the bottom of the form against the one on the USCIS website.
  • Read Instructions Carefully: Each form has different fee requirements, document needs and filing addresses. Check eligibility requirements and if a fee waiver applies.
  • Collect Required Documents: Get all necessary supporting documents. If they’re not in English, include a certified, signed translation that confirms the translation is accurate and complete.
  • Don’t Send Originals: Only send legible copies of documents unless originals are requested. Originals sent without request will not be returned.
  • Use Simple Formatting: Use single-sided, 8½ x 11 inch pages. Don’t send documents in photo albums, scrapbooks, binders or digital media (e.g., USBs).

2. When to File

  • Check Filing Eligibility and Dates: Make sure you are eligible to file and check filing dates using the filing calculators or date tools on the form’s page.
  • Check Deadlines: If there’s a deadline, make sure to allow enough time for mail delivery as USCIS Lockbox facilities don’t receive packages on weekends or federal holidays.
  • Timeliness Policy: Check the USCIS Policy Manual, Volume 1, Part B, Chapter 6 for more information on how USCIS determines timeliness of your filing.

3. Form Completion

  • Be Legible: Type your form whenever possible. If handwritten, use black or dark blue ink. Fill out each section clearly so information can be scanned correctly.
  • Full Mailing Address: USCIS will use your mailing address to contact you about your case. If using someone else’s address, put “In Care of [Name)” in the designated box.
  • Signatures are Required: Sign and date the form in black or dark blue ink. If the applicant is under 14, a parent or legal guardian may sign. No signature will result in rejection.
  • Same Form Version: If you are making changes, make sure the entire form is the same version, including page numbers and edition date at the bottom of each page.
  • No Highlighters or Correction Fluid: These can interfere with scanning so leave the form unaltered.

4. What and How to Pay

  • Check Your Payment: Use the form’s instructions, Fee Calculator and USCIS Fee Schedule to determine the correct amount.
  • Payment Methods:
  • Check or Money Order:
  • Use U.S. date format (MM/DD/YYYY) for the date and make it payable to U.S. Department of Homeland Security.
  • Send separate payments if filing multiple forms at once.
  • Form G-1450 for Credit Card Payment: Use Visa, MasterCard, American Express or Discover. A separate Form G-1450 must be submitted for each application.
  • Fee Waivers: Some forms may be eligible for fee waivers or reduced fees. Check the USCIS website for more information on filing fee waivers or reduced fees.

5. Mail to USCIS

Assemble your filing package in this order:

  • Photos (if required), with your name and A-Number on the back.
  • Payment: Check, money order or Form G-1450.
  • Form G-1145 (optional), for e-notification.
  • Form G-28 (if applicable), for attorney representation.
  • Primary Form(s) and Supplements.
  • Supporting Documentation.

Save Copies: Keep a complete copy of your filing, including all documents, payment records and any tracking number given to you by your mail carrier. This will help you know what was sent and track delivery status.

Addressing: Use the full USCIS mailing address from the Where to File section of your form. Ensure you use the correct filing address as it varies depending on whether the form is filed alone or with another form. You can send via USPS, FedEx, DHL or UPS but not other courier services.

If you send your package to the wrong facility, USCIS will try to forward it to the correct Lockbox but if it can’t be forwarded it will be returned to you.

Additional Resources

Guide to preparing I-140

Step-by-Step Guide for Form I-140: Petition for Alien Workers

Form I-140, Petition for Alien Workers is required for foreign nationals seeking U.S. employment-based permanent residency. This guide will walk you through step by step from eligibility checks to filling and submitting the Form I-140 so you can avoid common mistakes and delays. It is important to note that your priority date must be current to file Form I-485 concurrently with Form I-140, highlighting its importance in the overall permanent residency process.

Step 1: What is Form I-140 and Who is Eligible

Purpose of Form I-140: Form I-140 is filed with USCIS to petition for an immigrant visa based on employment so foreign workers with specific qualifications can get a green card.

Who May File Form I-140? There are specific eligibility categories, which include both employer-sponsored and self-petition options:

  • Outstanding Professors and Researchers: Applicants must meet specific documentation and eligibility criteria to be classified as an Outstanding Professor.
  • Multinational Executives or Managers
  • Professionals with Advanced Degrees or Exceptional Abilities
  • Skilled Workers, Professionals and Unskilled Workers
  • Aliens of Extraordinary Ability (can self-petition)
  • National Interest Waiver (NIW) applicants (can self-petition if waiver serves national interest)

Step 2: Supporting Documentation

Each category has specific requirements. Gather and prepare these documents carefully.

  1. Outstanding Professors and Researchers:
  • International recognition (e.g., awards, published materials, membership in professional associations).
  • Job offer from a U.S. institution in a tenure-track or permanent research position.
  1. Multinational Executives or Managers:
  • Employment letters verifying at least one year of managerial or executive work with the petitioner within the past three years.
  • Job offer in a managerial/executive role with a U.S. affiliate.
  1. Professionals with Advanced Degrees or Exceptional Abilities:
  • Diplomas, transcripts and evidence of professional achievements (e.g., publications, awards).
  • Job offer from a U.S. employer unless NIW.
  1. Skilled, Professional and Unskilled Workers:
  • Proof of qualifications (e.g., training, work experience, education certificates).
  • Labor certification (if required by the job classification).
  1. Aliens of Extraordinary Ability:
  • Evidence of sustained recognition in your field (e.g., major awards, publications, high salary).
  • Statement of intent to continue to work in the area of expertise in the U.S.
  1. National Interest Waiver:
  • Documentation that the work is of national interest (e.g., letters of support, research impact, economic benefit).

Step 3: Fill out Form I-140

Tips:

  • Black Ink or Type: Type if possible; if handwritten, use black ink and print legibly.
  • Full Responses: Do not leave any field blank unless instructed to enter “N/A” (not applicable).
  • Signature: The form must be signed by the authorized representative if filed by an organization. USCIS does not accept digital signatures.

Sections to fill out:

  • Part 1: Enter petitioner information (individual or organization).
  • Part 2: Enter worker type (e.g., “Outstanding Researcher” or “Skilled Worker”).
  • Part 3: Enter beneficiary information (the person seeking a green card).
  • Part 8: Petitioner contact information and certification.
  • Part 9: If an interpreter was used, they must fill out and sign this section.

Step 4: Calculate Fees and Pay

Form I-140 has a standard filing fee and additional program fees depending on the petitioner’s eligibility for exemptions or reductions.

Fees:

  • Filing Fee: $715
  • Asylum Program Fee: $600 unless eligible for reduced fee ($300 or waived) for small non-profits or employers with fewer than 25 employees.

Payment:

  • Separate Payments: Make separate payments for each fee, using checks/money orders or Form G-1450 (credit card).
  • U.S. Dollars and U.S. Bank Accounts: Payments must be in U.S. dollars from a U.S. bank.

Step 5: Put together the application package

  1. Photo Requirements:
  • Label each photo with the applicant’s name and A-number if applicable.
  1. Payment and Forms:
  • Payment on top, then any other forms (e.g. Form G-1145 for e-notification of acceptance).
  1. Supporting documents:
  • Categorize documents by relevance (e.g., labor certification, professional certifications, letters of reference).
  • No Originals: Only send copies unless asked for originals.
  1. Translations:
  • Include English translations for all foreign language documents. Certification should state that the translation is accurate and that the translator is proficient in both languages.

Step 6: Send the application

Mailing Checklist:

  • Correct Lockbox Address: Use the address on the USCIS website.
  • Filing Address: Ensure you are using the correct filing address from the Direct Filing Addresses page on the USCIS website, especially if filing Form I-140 alone or with another form.
  • Complete and accurate labeling: Use the entire address as given, including the “Attn:” line for proper routing.
  • Single-Sided: Print all documents single-sided on 8.5 x 11-inch paper.
  • Approved Couriers: Only use USPS, FedEx, UPS or DHL; no other couriers accepted.

Track the package:

  • Keep the tracking number for reference and proof of timely filing.

Step 7: After Filing – What to Do Next

  1. USCIS Receipt Notice:
  • You will receive a receipt notice within a few weeks. If you filed Form G-1145, you will also receive an email notification.
  1. Biometrics Appointment:
  • If required, USCIS may ask you to attend a biometrics appointment to take your fingerprints and photo.
  1. Respond to Requests for Evidence (RFE):
  • USCIS may issue an RFE if they need more documents or information. Respond quickly and only provide what is requested.
  1. Check Case Status:
  • Use your receipt number to check the status of your case on the USCIS website.

National Interest Waiver and Other Special Cases

The National Interest Waiver (NIW) is a special provision that allows certain alien workers to bypass the labor certification process. To qualify for an NIW, the alien worker must demonstrate that their presence in the United States would significantly benefit the national interest. This could include contributions to fields such as science, technology, healthcare, or other areas of substantial importance.

Other special cases applicable to Form I-140 include:

  • Multinational Executives and Managers: These individuals must show that they have been employed in a managerial or executive capacity for at least one year by a firm or corporation and are being transferred to the U.S. to work in a similar capacity.
  • Outstanding Professors and Researchers: These individuals must provide evidence of international recognition for their outstanding achievements in a particular academic field.
  • Alien Workers with Advanced Degrees or Exceptional Ability: These individuals must demonstrate that they possess an advanced degree or exceptional ability in their field, which will substantially benefit the U.S.

Each of these special cases requires additional documentation and evidence to support the petition, ensuring that the alien worker meets the specific criteria set forth by USCIS.

Concurrent Filing and Processing Times

Concurrent filing of Form I-140 and Form I-485 (Application to Register Permanent Residence or Adjust Status) is allowed in certain cases. This means that the employer can file both forms simultaneously, which can significantly speed up the processing time for obtaining permanent residence.

However, the processing time for Form I-140 can vary depending on the visa category and other factors. For those seeking faster processing, premium processing is available for certain petitions. By paying an additional fee, petitioners can expedite the processing time, often receiving a decision within 15 calendar days.

It’s important to check the specific eligibility criteria for concurrent filing and premium processing to ensure that all requirements are met and to take advantage of these options if applicable.

Withdrawal and Successor-in-Interest Employers

In some cases, an employer may need to withdraw a Form I-140 petition. This can occur if the employer is no longer able to sponsor the alien worker or if the alien worker is no longer eligible for the visa. The withdrawal process involves notifying USCIS and providing a reason for the withdrawal.

A Successor-in-Interest (SII) employer is a new or reorganized company that takes over the responsibilities of the original petitioner. In such cases, the new employer may need to file a new Form I-140 petition or take over the existing petition. This ensures that the alien worker’s immigration process can continue without interruption.

It’s important to note that withdrawing a Form I-140 petition does not necessarily end the alien worker’s immigration process. The alien worker may need to obtain a new job offer or have a new Form I-140 filed on their behalf to continue their path to permanent residency.

Frequently Asked Questions and Reminders

Labor Certification’s Validity Period

  • Labor certifications are valid for 180 days. Make sure to file your Form I-140 within this time frame. If the expiration date falls on a weekend or federal holiday, USCIS will accept the form the next business day.

Premium Processing

  • Some I-140 categories are eligible for expedited processing (premium processing). If applicable, submit Form I-907 with the required fee.

Address Changes

  • Update USCIS within 10 days if you change your address to avoid missing important notices. Go to the USCIS website for address change instructions.

More Resources

  • USCIS Contact Center: Call 1-800-375-5283 for any questions. They have information in English and Spanish.
  • Disability Accommodations: Request accommodations through the instructions on your appointment notice or at www.uscis.gov/accommodationsinfo.
  • Forms: Go to the USCIS website.

Follow these steps and you’ll be on your way to a complete and successful I-140 petition.

Conclusion

In conclusion, Form I-140, Immigrant Petition for Alien Worker, is a pivotal step in the employment-based green card process. This form is essential for petitioning U.S. Citizenship and Immigration Services (USCIS) to classify an alien beneficiary as eligible for an immigrant visa based on employment. The meticulous preparation and submission of Form I-140 are crucial to avoid delays and rejections.

Employers and international employees must recognize the significance of Form I-140 in the immigrant visa process. This form is used to demonstrate the alien worker’s qualifications and eligibility for a permanent visa. Understanding the roles of the labor certification, the petitioner, and the alien beneficiary is vital in navigating the Form I-140 process effectively.

The Form I-140 filing fee, which includes a base filing fee and an Asylum Program Fee, is a critical aspect of the process. Additionally, the option for premium processing allows for expedited handling of Form I-140, which can be beneficial for those seeking faster results.

It is also essential to be aware of the various eligibility categories, required supporting documents, and filing tips to avoid rejection. Employers and employees should familiarize themselves with uncommon circumstances such as job portability, the withdrawal of Form I-140, and Successor-in-Interest (SII) employers to ensure a smooth process.

Overall, Form I-140 is a fundamental step in the employment-based green card process. By understanding the requirements, process, and consequences of filing the form, and by following the guidelines and tips outlined in this comprehensive guide, employers and international employees can navigate the Form I-140 process with confidence.

Key Takeaways:

  • Form I-140 is a crucial step in the employment-based green card process.
  • The form requires careful preparation and submission.
  • Employers and international employees should understand the requirements, process, and consequences of filing Form I-140.
  • The labor certification, petitioner, and alien beneficiary play essential roles in the Form I-140 process.
  • The Form I-140 filing fee includes a base filing fee and an Asylum Program Fee.
  • Premium processing is an option for faster processing of Form I-140.
  • Employers and employees should be aware of eligibility categories, supporting documents, and filing tips to avoid rejection.
  • Uncommon circumstances, such as job portability, withdrawal of Form I-140, and Successor-in-Interest (SII) employers, should be understood.

By adhering to these guidelines, employers and international employees can ensure a successful and efficient Form I-140 petition process, paving the way for permanent residency in the United States.

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