I 140instr
I 140instr
I 140instr
Form I-140
Department of Homeland Security OMB No. 1615-0015
U.S. Citizenship and Immigration Services Expires 02/28/2026
A petitioner may file Form I-140, Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS) for
an employment-based immigrant visa.
In addition, any employer, individual, or third party may file this petition, including the petition’s beneficiary, if filing for:
1. An alien of extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained
national or international acclaim and whose achievements are recognized in the field; or
2. A member of the professions holding an advanced degree or who is claiming exceptional ability in the sciences, arts,
or business, and is seeking an exemption of the requirement of a job offer in the national interest, generally known as
a National Interest Waiver (NIW).
General Instructions
We provide free forms through the USCIS website. To view, print, or complete our forms, you should use the latest
version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet
access, you may call the USCIS Contact Center and ask that we mail a form to you.
NOTE: If the petitioner is a corporation or other legal entity, only an individual who is an officer or employee of the
entity who has knowledge of the facts alleged in the petition, and who has authority to sign documents on behalf of the
entity, may sign the petition.
Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original, handwritten signature
as valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink
signature.
Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to
this form.
Evidence. When you file your petition, you must submit all evidence and supporting documents listed in the General
Requirements and General Evidence sections of these Instructions.
Biometric Services Appointment. USCIS may require you to appear for an interview or provide biometrics (fingerprints,
photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background
and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation
(FBI), before making a decision on your application or petition. If we determine that a biometric services appointment
is necessary, we will send you an appointment notice with the date, time, and location of your appointment. If you are
currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the
United States to schedule an appointment.
At your biometrics appointment, you must sign an oath reaffirming that:
1. You provided or authorized all information in the petition;
2. You reviewed and understood all of the information contained in, and submitted with, your petition; and
3. All of this information was complete, true, and correct at the time of filing.
If you do not attend your biometric services appointment, we may deny your petition.
Copies. You should submit legible photocopies of requested documents unless the Instructions specifically instruct you to
submit an original document. USCIS may request an original document at any time during our process. If we request an
original document from you, we will return it to you after USCIS determines it no longer needs the original.
NOTE: If you submit original documents when not required or requested, USCIS may destroy them after we receive
them.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and that
they are competent to translate from the foreign language into English. The certification must also include their signature,
printed name, the signature date, and their contact information.
USCIS Contact Center. For additional information on the petition and Instructions about where to file, change of
address, and other questions, visit the USCIS Contact Center at www.uscis.gov/contactcenter or call at 800-375-5283
(TTY 800-767-1833). The USCIS Contact Center provides information in English and Spanish.
We recommend that you print or save a copy of your completed petition for your records.
General Requirements
Initial Evidence
1. If you are filing for an alien of extraordinary ability in the sciences, arts, education, business, or athletics (Part
2., Item Number 1.a. on Form I-140):
You must include evidence showing the alien has sustained national or international acclaim and the achievements are
recognized in the field of expertise.
A. Evidence of a one-time achievement (for example, a major internationally recognized award); or
B. At least three of the following:
(1) Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of
endeavor;
(2) Membership in associations in the field, which require outstanding achievements as judged by recognized
national or international experts;
(3) Published material about the alien in professional or major trade publications or other major media;
(4) Participation on a panel or individually as a judge of others’ work in the field or a related field;
(5) Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the
field;
(6) Authorship of scholarly articles in the field in professional or major trade publications or other major media;
(7) Display of the alien’s work at artistic exhibitions or showcases;
(8) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have
distinguished reputations;
(9) Evidence that the alien has commanded a high salary or other high compensation for services; and
Amended Petitions
If you are filing this petition to amend a previously filed Form I-140, select Part 2., Item Number 2.a. and provide
the receipt number of the previously filed Form I-140 in the space provided. This information will assist USCIS in
determining whether we may accept the petition and provide the location of the previously filed petition for case matching
purposes.
Form I-140 requires information about the dependent spouse and children of the alien (petition’s beneficiary) in Part 7.
Information About the Spouse and All Children of the Alien for Whom You Are Filing. This information will assist
in visa processing and help USCIS better determine the demand for employment-based immigrant visas at the time of
filing Form I-140.
NOTE: An annotation of a dependent’s intention to either apply for adjustment of status or an immigrant visa abroad in
Part 7. of Form I-140 is not binding, but should reflect the dependent’s intent at the time of filing of Form I-140.
With the exception of the categories for aliens of extraordinary ability (Part 2., Item Number 1.a. on Form I-140) and
NIW (Part 2., Item Number 1.h. on Form I-140), all Form I-140 visa preference categories require a permanent job offer
from a U.S. employer and the U.S. employer must file Form I-140.
NOTE: All U.S. employers filing petitions with a required permanent job offer must have and provide an IRS Employer
Identification Number or a Social Security Number in Part 1. of Form I-140. If you do not provide this information,
USCIS will reject your Form I-140 with a notice that it is deficient.
General Evidence
You must submit all evidence requested in these Instructions with your petition. If you fail to submit required evidence,
USCIS may reject or deny your petition in accordance with 8 CFR 103.2(b)(1) and these Instructions.
1. Labor Certification
You must file petitions for certain classifications with an original, individual labor certification from the U.S.
Department of Labor (DOL) or with documentation to establish that the alien qualifies for one of the shortage
occupations designated in Group I or II of DOL’s Schedule A. If an individual labor certification is required, you must
submit the original, individual labor certification with your Form I-140, unless the original labor certification was
already provided to USCIS in support of a different petition. As an alternative, you may select “Yes” for in Part 4.,
Item Number 10. and ask USCIS to request a duplicate of the original certification from DOL.
A labor certification establishes there are insufficient U.S. workers able, willing, qualified, and available to fill the
position offered to the alien at the time when and place where the alien will work. It also establishes the alien’s
employment, if qualified, will not adversely affect the wages and working conditions of similarly employed U.S.
workers. Application for labor certification is currently made on Form ETA-9089. Labor certification applications
filed before March 28, 2005, were filed on Form ETA-750. If the alien is in a Schedule A, Group I or II shortage
occupation, you may file a fully completed, uncertified Form ETA-9089 with your Form I-140 for USCIS to determine
if the alien’s occupation belongs to the shortage occupation.
See 20 CFR 656 or the DOL website at www.foreignlaborcert.doleta.gov for further information about obtaining an
individual labor certification or about Schedule A, Group I or II shortage occupations.
Effective July 16, 2007, all labor certifications expire 180 days from the date of certification. USCIS must receive any
Form I-140 based on approved labor certifications before the 180 day validity period has elapsed. In instances where
the ending date of the labor certification’s validity period expires on a Saturday, Sunday, or legal holiday, USCIS will
accept petitions with the labor certification on the next business day. USCIS will reject petitions with expired labor
certifications filed after the next business day.
Where To File?
Please see our website at www.uscis.gov/I-140 for the most current information about where to file this petition.
Premium Processing
Certain Form I-140 classifications are eligible for Premium Processing. To determine if your petition is eligible for
Premium Processing, visit the USCIS website at www.uscis.gov/forms/how-do-i-use-premium-processing-service.
If your Form I-140 is eligible for and you are requesting Premium Processing Services, you must also file Form I-907,
Request for Premium Processing Service. For more information about Premium Processing, please see our website at
www.uscis.gov/I-907 or call the USCIS Contact Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call:
1-800-767-1833.
NOTE: Do NOT send requests for Premium Processing to a USCIS Lockbox facility.
If you are not a U.S. citizen, you must notify USCIS of your new address within 10 days of moving from your previous
residence. For information on changing your address, go to our website at www.uscis.gov/addresschange, or call the
USCIS Contact Center.
NOTE: Do not submit a change of address request to the USCIS Lockbox.
Processing Information
USCIS will reject any Form I-140 that is not signed or accompanied by the correct fee with a notice that Form
I-140 is deficient. You may correct the deficiency and resubmit Form I-140. A petition is not considered properly filed
until accepted by USCIS.
Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not properly
complete this petition, you will not establish a basis for your eligibility and we may reject or deny your petition.
Requests for More Information. USCIS may request that you provide more information or evidence to support your
petition. We may also request that you provide the originals of any copies you submit. If we request an original document
from you, we will return it to you after USCIS determines it no longer needs your original.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition.
During your interview, USCIS may require you provide your biometrics to verify your identity and/or update background
and security checks.
Decision. The decision on Form I-140 involves a determination of whether you have established eligibility for the
immigration benefit you are seeking. USCIS will notify you of our decision in writing.
Meaning of Petition Approval. Approval of a petition means you have established the alien is eligible for the requested
classification.
NOTE: Petition approval is the first step towards permanent residence. However, approval does not in itself grant
permanent residence or employment authorization. USCIS will provide you with information about the requirements for
the alien to receive an immigrant visa or adjust status after Form I-140 is approved.
To ensure you are using the latest version of this petition, visit www.uscis.gov.
Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-140, we will
deny your petition and may deny any other immigration benefit. In addition, you will face severe penalties provided by
law and may be subject to criminal prosecution.
By signing this petition, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and
documentation submitted with this petition are complete, true, and correct. You also authorize the release of any
information from your records that USCIS may need to determine your eligibility for the immigration benefit you are
seeking and consent to USCIS verifying such information.
The Department of Homeland Security (DHS) has the authority to verify any information you submit to establish
eligibility for the immigration benefit you are seeking at any time. Our legal authority to verify this information is in
8 U.S.C. sections 1103, 1155, and 1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable
laws and authorities, we may verify information before or after your case is decided.
Agency verification methods may include, but are not limited to: reviewing public records and information; contacting
through written correspondence; using the Internet, fax, other electronic transmission, or telephone; making unannounced
physical site inspections of residences and locations of employment, and interviewing people. USCIS will use the
information we obtain to assess your compliance with the laws and to determine your eligibility for an immigration
benefit.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse
or derogatory information that may result from a compliance review, verification, or site visit before a decision is made
on your request. For a visit after your request is approved, USCIS will provide you with an opportunity to address any
adverse or derogatory information which may result in revocation or termination of an approval.
AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the
Immigration and Nationality Act (INA) sections 203(b)(1), 203(b)(2) or 203(b)(3), and 8 U.S.C. sections 1153(b)(1),
(b)(2), and (b)(3).
PURPOSE: The primary purpose for providing the requested information on this form is to petition for an immigrant
visa based on employment. DHS uses the information you provide to grant or deny the benefit you are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number, and any requested evidence, may delay a final decision or result in denial of your
petition.
ROUTINE USES: DHS may share the information you provide on this form with other Federal, state, local, and foreign
government agencies and authorized organizations. DHS follows approved routine uses described in the associated
published system of records notices [DHS/USCIS/ICE/CBP-001 - Alien File, Index, and National File Tracking System
and DHS/USCIS-007 - Benefits Information System] and published privacy impact assessment [DHS/USCIS/PIA-003
Integrated Digitization Document Management Program, DHS/USCIS/PIA-016a DHS/USCIS/PIA-016 Computer Linked
Application Information Management System and Associated Systems, and DHS/USCIS/PIA-044 Validation Instrument
for Business Enterprises], which you can find at www.dhs.gov/privacy. DHS may also share the information, as
appropriate, for law enforcement purposes or in the interest of national security.
USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection
of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The
public reporting burden for this collection of information is estimated at .981 hours per response, including the time
for reviewing instructions, gathering the required documentation and information, completing the petition, preparing
statements, attaching necessary documentation, and submitting the petition. Send comments regarding this burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S.
Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital
Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0015. Do not mail your completed
Form I-140 to this address.