Immigrant Petition for Alien Workers

OMB No. 1615-0015; Exp. 12/31/09

Instructions for I-140, Immigrant
Petition for Alien Worker

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of
paper and indicate the part and number of the item to which the answer refers.

What Is the Purpose of This Form?
This form is used to petition U.S. Citizenship and Immigration
Services (USCIS) for an immigrant visa based on
employment.

Who May File Form I-140?
A U.S. employer may file this petition for:

6. An unskilled worker (requiring less than two years of
specialized training or experience) to perform labor for
which qualified workers are not available in the United
States.
In addition, a person may file this petition on his or her own
behalf if he or she:

DRAFT

1. An outstanding professor or researcher with at least three
years of experience in teaching or research in the academic
area, who is recognized internationally as outstanding:
A. In a tenured or tenure-track position at a university or
institution of higher education to teach in the academic
area; or
B. In a comparable position at a university or institution of
higher education to conduct research in the area; or
C. In a comparable position to conduct research for a
private employer that employs at least three persons in
full-time research activities and which achieved
documented accomplishments in an academic field.
2. An alien who, in the three years preceding the filing of this
petition, has been employed for at least one year by a firm
or corporation or other legal entity and who seeks to enter
the United States to continue to render services to the same
employer, or to a subsidiary or affiliate, in a capacity that is
managerial or executive.
3. A member of the professions holding an advanced degree
or an alien with exceptional ability in the sciences, arts, or
business who will substantially benefit the national
economy, cultural or educational interests, or welfare of the
United States.
4. A skilled worker (requiring at least two years of
specialized training or experience in the skill) to perform
labor for which qualified workers are not available in the
United States.
5. A member of the professions with a baccalaureate degree.

1. Has extraordinary ability in the sciences, arts, education,
business, or athletics demonstrated by sustained national or
international acclaim and whose achievements have been
recognized in the field; or
2. Is a member of the profession holding an advanced degree
or 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 (NIW).

General Instructions
Step 1. Fill Out Form I-140
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "None."

Step 2. General Requirements
Initial Evidence
1. If you are filing for an alien of extraordinary ability in
the sciences, arts, education, business, or athletics:
You must file your petition with evidence that the alien has
sustained national or international acclaim and that the
achievements have been recognized in the field of
expertise.
A. Evidence of a one-time achievement (i.e., a major
internationally recognized award); or
Form I-140 Instructions (Rev. 03/16/09) Y

B. At least three of the following:

specified in the petition. Such evidence shall consist of
at least two of the following:

1. Receipt of lesser nationally or internationally
recognized prizes or awards for excellence in the
field of endeavor;

1. Receipt of major prizes or awards for outstanding
achievement in the academic field;

2. Membership in associations in the field, which
require outstanding achievements as judged by
recognized national or international experts;

2. Membership in associations in the academic field
that require outstanding achievements of their
members;

3. Published material about the alien in professional or
major trade publications or other major media;

3. Published material in professional publications
written by others about the alien's work in the
academic field;

4. Participation on a panel or individually as a judge of
the work of others in the field or an allied field;

4. Participation on a panel, or individually, as the
judge of the work of others in the same or an allied
academic field;

DRAFT

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 remuneration for services;
10. Evidence of commercial successes in the
performing arts, as shown by box office receipts or
record, casette, compact disk, or video sales.
C. If the above standards do not readily apply to the
alien's occupation, you may submit comparable
evidence to establish the alien's eligibility; and
D. Evidence that the alien is coming to the United States
to continue work in the area of expertise. Such
evidence may include letter(s) from prospective
employer(s), evidence of prearranged commitments
such as contracts, or a statement from the alien
detailing plans on how he or she intends to continue
work in the United States.
2. A U.S. employer filing for an outstanding professor or
researcher must file the petition with:
A. Evidence that the professor or researcher is recognized
internationally as outstanding in the academic field

5. Original scientific or scholarly research
contributions to the academic field; or
6. Authorship of scholarly books or articles in
scholarly journals with international circulation in
the academic field.

B. Evidence the beneficiary has at least three years of
experience in teaching and/or research in the academic
field; and
C. If you are a university or other institution of higher
education, a letter indicating that you intend to employ
the beneficiary in a tenured or tenure-track position as
a teacher or in a permanent position as a researcher in
the academic field; or
D. If you are a private employer, a letter indicating that you
intend to employ the beneficiary in a permanent research
position in the academic field, and evidence that you
employ at least three full-time researchers and have
achieved documented accomplishments in the field.
3. A U.S. employer filing for a multinational executive or
manager must file the petition with a statement which
demonstrates that:
A. If the worker is now employed outside the United
States, he or she has been employed outside the United
States for at least one year in the past three years in an
executive or managerial capacity by the petitioner or
by its parent, branch, subsidiary, or affiliate; or, if the
worker is already employed in the United States, he or
she was employed outside the United States for at least
one year in the three years preceding admission as a
nonimmigrant in an executive or managerial capacity
by the petitioner or by its parent, branch, subsidiary, or
affiliate;
Form I-140 Instructions (Rev. 03/16/09) Y Page 2

B. The prospective employer in the United States is the
same employer or a subsidiary or affiliate of the firm or
corporation or other legal entity by which the alien was
employed abroad;
C. The prospective U.S. employer has been doing
business for at least one year; and
D. The alien is to be employed in the United States in a
managerial or executive capacity. A description of the
duties to be performed should be included.
4. A U.S. employer filing for a member of the professions
with an advanced degree or a person with exceptional
ability in the sciences, arts, or business must file the
petition with:

f. Evidence of recognition for achievements and
significant contributions to the industry or field
by peers, governmental entities, or professional or
business organizations.
3. If the above standards do not readily apply to the
alien's occupation, you may submit comparable
evidence to establish the alien's eligibility.
5. A U.S. employer filing for a skilled worker must file the
petition with:
A. A labor certification (see "General Evidence"), and
B. Evidence that the alien meets the educational, training,
or experience and any other requirements of the labor
certification (the minimum requirement is two years of
training or experience).

DRAFT

A. A labor certification (see "General Evidence"), or a
request for a waiver of a job offer because the
employment is deemed to be in the national interest,
with documentation provided to show that the
beneficiary's presence in the United States would be in
the national interest; and either:

1. An official academic record showing that the alien
has a U.S. advanced degree or an equivalent foreign
degree, or an official academic record showing that
the alien has a U.S. baccalaureate degree or an
equivalent foreign degree and letters from current or
former employers showing that the alien has at least
five years of progressive post baccalaureate
experience in the specialty; or
2. At least three of the following:
a. An official academic record showing that the
alien has a degree, diploma, certificate, or similar
award from an institution of learning relating to
the area of exceptional ability;
b. Letters from current or former employers
showing that the alien has at least ten years of
full-time experience in the occupation for which
he or she is being sought;
c. A license to practice the profession or
certification for a particular profession or
occupation;
d. Evidence that the alien has commanded a salary,
or other remuneration for services that
demonstrates exceptional ability;
e. Evidence of membership in professional
associations; or

6. A U.S. employer filing for a professional must file the
petition with:
A. A labor certification (see "General Evidence");
B. Evidence that the alien holds a U.S. baccalaureate
degree or equivalent foreign degree; and
C. Evidence that a baccalaureate degree is required for
entry into the occupation.
7. A U.S. employer filing for an unskilled worker must file
the petition with:
A. A labor certification (see "General Evidence"); and
B. Evidence that the beneficiary meets any education,
training, or experience requirements required in the
labor certification.

General Evidence
1. Labor certification
Petitions for certain classifications must be filed 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 the DOL's
Schedule A. If an individual labor certification is required,
then the original individual labor certification must be
submitted with the petition, unless the original labor
certification has already been provided to USCIS in
support of a different petition.

Form I-140 Instructions (Rev. 03/16/09) Y Page 3

A labor certification establishes that there are insufficient
U.S. workers who are able, willing, qualified, and available
to fill the position being offered to the alien at the time and
place where the alien is to be employed, and that the
employment of the alien, 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 to be employed in a
Schedule A, Group I or II shortage occupation, then you
may file a fully completed, uncertified Form ETA-9089 in
duplicate with your petition for determination by USCIS
that the alien belongs to the shortage occupation.

NOTE: Individual labor certifications issued by the DOL
must be submitted in the original, unless the original labor
certification has already been provided to USCIS in support of
a different petition.

Where To File?
Updated Filing Address Information
The filing addresses provided on this form reflect the most
current information as of the date this form was last printed.
If you are filing Form I-140 more than 30 days after the latest
edition date shown in the lower right-hand corner, visit us
online at www.uscis.gov before you file, and check the
"Immigration Forms" page to confirm the correct filing
address and version currently in use. Check the edition date
located in the lower right-hand corner of the form. If the
edition date on your Form I-140 matches the edition date
listed for Form I-140 on the online "Immigration Forms"
page, your version is current and will be accepted by USCIS.
If the edition date on the online version is later, download a
copy and use the online version. If you do not have Internet
access, call Customer Service at 1-800-375-5283 to verify the
current filing address and edition date. Improperly filed
forms will be rejected and the fee returned with
instructions to resubmit the entire filing using the current
form instructions.

DRAFT

See 20 CFR 656 or the DOL Web site, http://www.
foreignlaborcert.doleta.gov, for further information about
obtaining an individual labor certification or about
Schedule A, Group I or II shortage occupations.

NOTE: Individual labor certifications issued by the DOL
must be submitted in the original, unless the original labor
certification has already been provided to USCIS in
support of a different petition.
2. Ability to pay wage
Petitions which require job offers must be accompanied by
evidence that the prospective U.S. employer has the ability
to pay the proffered wage. Such evidence shall be in the
form of copies of annual reports, Federal tax returns, or
audited financial statements.
In a case where the prospective U.S. employer employs
100 or more workers, a statement from a financial officer
of the organization that establishes ability to pay the wage
may be submitted. In appropriate cases, additional
evidence, such as profit/loss statements, bank account
records, or personnel records, may be submitted.

Translations
Any document containing a foreign language submitted to
USCIS must be accompanied by a full English language
translation that the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.

Copies

E-Filing Form I-140
Certain Form I-140 filings may be electronically filed (efiled) with USCIS. View our website at www.uscis.gov for a
list of who is eligible to e-file this form and instructions.

Premium Processing
If you are requesting Premium Processing Services for Form
I-140, you must also file Form I-907, Request for Premium
Processing Service. Send Forms I-140 and I-907 together to
the address listed in the Form I-907 filing instructions.
NOTE: Before you file the I-907/I-140 package, check the
Premium Processing Service page, a link to which can be
found on the “Services & Benefits” page on the USCIS Web
site at www.uscis.gov to determine whether you may request
Premium Processing for the requested classification.

Unless specifically required that an original document be filed
with an application or petition, an ordinary legible photocopy
may be submitted. Original documents submitted when not
required will remain a part of the record, even if the
submission was not required.

Form I-140 Instructions (Rev. 03/16/09) Y Page 4

Premium Processing Service for a Pending Form
I-140
If you have already filed Form I-140 and you wish to request
Premium Processing Service, file Form I-907 with the Service
Center where your Form I-140 is pending. See Form I-907 for
further instructions. Include a copy of Form I-797, Notice of
Action, or a copy of the transfer notice, if applicable, showing
the location of the relating petition. To ensure that Form I-907
is matched up with the pending Form I-140, you must fully
answer questions 1 through 5 in Part 2 of Form I-907. If this
information is not provided, Form I-907 will be rejected.

Processing Form I-140

Texas Service Center Filings
File Form I-140 with the Texas Service Center if the
beneficiary will be employed permanently in:
Alabama, Arkansas, Connecticut, Delaware, the District of
Columbia, Florida, Georgia, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Mississippi, New Hampshire,
New Jersey, New Mexico, New York, North Carolina,
South Carolina, Oklahoma, Pennsylvania, Puerto Rico,
Rhode Island, Tennessee, Texas, Vermont, Virginia, U.S.
Virgin Islands, or West Virginia.

DRAFT

All Form I-140s are filed either at the Nebraska Service
Center or the Texas Service Center, depending on the location
of the beneficiary's permanent employment. Before you file,
note the different filing addresses. Failure to follow these
instructions may result in your application or petition being
rejected, delayed, or denied.

Nebraska Service Center Filings
File Form I-140 with the Nebraska Service Center if the
beneficiary will be employed permanently in:
Alaska, Arizona, California, Colorado, Guam, Hawaii,
Idaho, Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, Nevada, North
Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin, or Wyoming.
For Form I-140 filed alone, mail the form to:
USCIS Nebraska Service Center
P.O. Box 87140
Lincoln, NE 68501-7140

For Form I-140 filed alone, or concurrently with Form I-485,
Application to Register Permanent Residence or Adjust Status,
mail your forms package to:
USCIS Texas Service Center
P.O. Box 852135
Mesquite, TX 75185

Note on E-Filing
If you are e-filing this application, it will automatically be
routed to the appropriate Service Center, and you will receive
a receipt indicating the location to which it was routed. This
location may not necessarily be the same center shown in the
filing addresses listed above. For e-filed applications, it is
very important to review your filing receipt and make specific
note of the receiving location. All further communication,
including submission of supporting documents, must be
directed to the receiving location indicated on your e-filing
receipt.

What Is the Filing Fee?
The filing fee for Form I-140 is $475.

For Form I-140 filed concurrently with Form I-485,
Application to Register Permanent Residence or Adjust Status,
mail your forms package to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

Use the following guidelines when you prepare your check or
money order for the Form I-140 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer,
Guam.

Form I-140 Instructions (Rev. 03/16/09) Y Page 5

B. If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.
NOTE: Spell out U.S. Department of Homeland Security; do
not use the initials "USDHS" or "DHS."

For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Notice to Those Making Payment by Check
If you send us a check, it will be converted into an electronic
funds transfer (EFT). This means we will copy your check
and use the account information on it to electronically debit
your account for the amount of the check. The debit from
your account will usually take 24 hours and will be shown on
your regular account statement.

Processing Information
Any Form I-140 that is not signed or accompanied by the
correct fee will be rejected with a notice that Form I-140 is
deficient. You may correct the deficiency and resubmit the
Form I-140. An application or petition is not considered
properly filed until accepted by USCIS.

DRAFT

You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct
The form fee on this form is current as of the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:
1. Visit our Web site at www.uscis.gov, select "Immigration
Forms," and check the appropriate fee;

2. Review the Fee Schedule included in your form package, if
you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
online at www.uscis.gov. Click on "Change your address with
USCIS" and follow the prompts, or you may complete and
mail Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Initial Processing

Once Form I-140 has been accepted, it will be checked for
completeness, including submission of the required initial
evidence. If you do not completely fill out the form, or file it
without required initial evidence, you will not establish a basis
for eligibility, and we may deny your Form I-140.

Requests for More Information or Interview
We may request more information or evidence, or we may
request that you appear at a USCIS office for an interview.
We may also request that you submit the originals of any
copy. We will return these originals when they are no longer
required.

Decision
The decision on a Form I-140 involves a determination of
whether you have established eligibility for the requested
benefit. You will be notified of the decision in writing.
Meaning of Petition Approval
Approval of a petition means you have established that the
person you are filling for is eligible for the requested
classification.
This is the first step towards permanent residence. However,
this does not in itself grant permanent residence or
employment authorization. You will be given information
about the requirements for the person to receive an immigrant
visa or to adjust status after your petition is approved.

Form I-140 Instructions (Rev. 03/16/09) Y Page 6

Instructions for Industry and Occupation Codes
NAICS Code
The North American Industry Classification System (NAICS)
code can be obtained from the U.S. Department of Commerce,
U.S. Census Bureau at (www.census.gov/epcd/www/naics.
html). Enter the code from left to right, one digit in each of
the six boxes. If you use a code that is less than six digits,
enter the code left to right and then add zeros in the remaining
unoccupied boxes.
The code sequence 33466 would be entered as:

3

3

4

6

6

0

The code sequence 5133 would be entered as:

5

1

3

3

0

0

1

0

2

1

The code sequence 15-100 would be entered as:

1

5

1

0

As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties

The code sequence 19-1021 would be entered as:

9

To order USCIS forms, call our toll-free number at 1-800870-3676. You can also get USCIS forms and information on
immigration laws, regulations, and procedures by telephoning
our National Customer Service Center at 1-800-375-5283 or
visiting our Internet Web site at www.uscis.gov.

DRAFT

SOC Code
The Standard Occupational Classification (SOC) System
codes can be obtained from the U.S. Department of Labor,
Bureau of Labor Statistics (http://stats.bls.gov/soc/socguide.
htm). Enter the code from left to right, one digit in each of the
six boxes. If you use a code which is less than six digits, enter
the code left to right and then add zeros in the remaining
unoccupied boxes.

1

USCIS Forms and Information

0

0

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 Form I-140 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other Government agencies.
Failure to provide this information, and any requested
evidence, may delay a final decision or result in denial of your
Form I-140.

Form I-140 Instructions (Rev. 03/16/09) Y Page 7

USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury
(28 U.S.C.1746) that all information and documentation
submitted with this form is true and correct. You also have
authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit
you are seeking and consented to USCIS verification of such
information.
The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you are seeking at any time. Our legal
right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure
compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided.
Agency verification methods may include, but are not limited
to: review of public records and information; contact via
written correspondence, the Internet, facsimile or other
electronic transmission, or telephone; unannounced physical
site inspections of residences and places of employment; and
interviews. Information obtained through verification will be
used to assess your compliance with the laws and to determine
your eligibility for the benefit sought.

DRAFT

Subject to the restrictions under 8 CFR part 103.2(b)(16), you
will be provided an opportunity to address any adverse or
derogatory information, that may result from a USCIS
compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated
an adverse action which may result in revocation or
termination of an approval.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 60 minutes per
response, including the time for reviewing instructions and
completing and submitting the form. 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,
Regulatory Management Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC
20529-2210. OMB No. 1615-0015. Do not mail your
application to this address.

Form I-140 Instructions (Rev. 03/16/09) Y Page 8