What is Form I-140?
Form I-140, also known as the Immigrant Petition for Alien Workers, is used to notify USCIS that a foreign worker is eligible for an employment-based immigrant visa. For EB1A and EB2 visas, the foreign worker can file the petition themselves. For other employment visas, the employer offering a job to the foreign worker must file the I-140 Form as a sponsor.
How is it Submitted?
Form I-140 can be submitted either electronically or via mail, but supporting evidence must be sent to the service centers. If submitted electronically, the application is automatically directed to the appropriate service center, and a receipt is generated, which specifies where the application has been sent. The receipt number can be used to track the case.
Can the Processing Time Be Shortened?
Yes, by filing Form I-907 along with the I-140, premium processing can be requested, which reduces the processing time to 15 days. If both forms are submitted together, this request can be made by mail. However, if the I-907 Form is submitted after the I-140, the request must be made online, and the Notice of Action document provided after submitting the I-140 should be attached as proof. All questions in Part 2 of the I-907 Form must be fully answered to ensure the request is clear, or else the I-907 will be rejected.
What Are the Fees?
The fee for Form I-140 is $715. If the applicant is filing for themselves, an additional $300 is required. If applying through a sponsor employer, the sponsor must pay an additional $600. The fee for premium processing through Form I-907 is $2,805.
How Can I Ensure My Application Is Not Rejected by USCIS?
To avoid rejection or delays, you must submit your I-140 Form in the correct order and with sufficient evidence. Follow these tips to ensure your form is properly processed:
- Fill out the most recent version of the form, as old versions may be rejected.
- If submitting by mail, verify the mailing address on the official USCIS website.
- In Part 2 of Form I-140, select only one visa category. If left blank or if more than one category is selected, the application will be rejected.
- Answer all relevant questions and mark all boxes, using “none” or “N/A” where appropriate.
- Use only black ink if submitting by mail.
- Ensure that the form is signed by either you or your employer, depending on who is filing.
- Pay the fees as instructed. If submitting multiple forms together, include the fee by attaching it securely with the applicant’s name indicated.
- If represented by an attorney, include Form G-28 with the I-140.
- For electronically filed forms, send supporting documents to the address provided in the instructions.
