Table of Changes

TABLE OF CHANGES

FORM I-140

08-28-2009

I-140 Form

CURRENT VERSION

PROPOSED VERSION

Page 1, Part 2.

This Petition is being filed for: (Check one.)

a.		An alien of extraordinary ability
b.		An outstanding professor or researcher.
c.		A multinational executive or manager.
d.		A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e.		A professional (at a minimum, possessing a bachelor’s degree or a foreign degree equivalent to a U.S. bachelor’s degree) or a skilled worker (requiring at least two years of specialized training or experience).
f.		(Reserved.)
g.		Any other worker (requiring less than two years of training or experience).
h.		Soviet Scientist.
i.		An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).

Thi s This petition is being filed for: (Check only one box)

a.		An alien of extraordinary ability
b.		An outstanding professor or researcher
c.		A multinational executive or manager
d.		A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver)
e.		A professional (at a minimum, possessing a bachelor’s degree or a foreign degree equivalent to a U.S. bachelor’s degree)
f.		A skilled worker (requiring at least two years of specialized training or experience)
g.		Any other worker (requiring less than two years of training or experience)
h.		(Reserved)
i.		An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability)
Check below if this petition is being filed:
1.		To amend a previously filed petition. Previous petition receipt number: _____________________________________
2.		For the Schedule A, Group I designation

Page 1,

Replace the current right column with a new right column.

Returned

Date

Receipt

Resubmitted

Date

Relocate Sent

Date

Relocate Rec’d

Date

Relocate Rec’d

Date

Classification:

	203(b)(1)(A) Alien of extraordinary ability
	203(b)(1)(B) Outstanding Professor or Researcher
	203(b)(1)(C) Multi-National Executive or Manager
	203(b)(2) Member of Professions w/Adv. Degree or Exceptional Ability
	203(b)(3)(A)(i) Skilled Worker
	203(b)(1)(A)(ii) Professional
	203(b)(1)(A)(iii) Other Worker

Certification:

	National Interest Waiver (NIW)
	Schedule A, Group I
	Schedule A, Group II

Priority Date

Consulate

Concurrent Filing:

I-485 filed concurrently

Remarks

Action Block

To Be Completed by

Attorney or Representative, if any.

Fill in box if G-28 is attached to represent the applicant.

ATTY State License #

Receipt

Classification:

	203(b)(1)(A) Alien of Extraordinary Ability
	203(b)(1)(B) Outstanding Professor or Researcher
	203(b)(1)(C) Multinational Executive or Manager
	203(b)(2) Member of Professions with Advanced Degree or Exceptional Ability
	203(b)(3)(A)(i) Skilled Worker
	203(b)(1)(A)(ii) Professional
	203(b)(1)(A)(iii) Other Worker

Certification:

	National Interest Waiver (NIW)
	Schedule A, Group I
	Schedule A, Group II

Priority Date

Consulate

Remarks

Action Block

Page 2, Part 4, New Question 7 & 8, Insert as follows:

CURRENT VERSION

If you answered yes to any of these questions, please provide the case number, office location, date of decision and disposition of the decision on a separate sheet(s) of paper.

PROPOSED VERSION

7. Is the petition being filed without an original labor certification because the original labor certification was previously submitted in support of another Form I-140?	No	Yes – Attach an explanation
8. Is the petition being filed without an original labor certification, are you requesting that USCIS request a duplicate labor certification from the Department of Labor?	No	Yes – Attach an explanation

If you answered “Yes” to any of questions 4 through 7, provide the case number, office location, date of decision, and disposition of the decision on a separate sheet of paper.

Page 2, Part 5, Question 2, Replace as follows:

CURRENT VERSION

2. If a company, give the following:
Type of Business	Date Established (mm/dd/yyyy)	Current Number of Employees
Gross Annual Income	Net Annual Income	NAICS Code

DOL/ETA Case Number

Proposed Version

2. If a company, give the following:
Type of Business	Date Established (mm/dd/yyyy)	Current Number of U.S. Employees
Gross Annual Income	Net Annual Income	NAICS Code

Labor Certification DOL/ETA Case Number

Labor Certification DOL/ETA Filing Date (mm/dd/yyyy)
Labor Certification Expiration Date ((mm/dd/yyyy)

Page 2, Part 6, Question 4, Replace as follows:	CURRENT VERSION 4. Address where the person will work if different from address in Part 1. PROPOSED VERSION 4. Address where the person will work if different from address in Part 1. City State Zip Code
Page 2, Part 6, Question 9	CURRENT VERSION 9. Wages per week $ PROPOSED VERSION 9. Wages: $_________ per _________ (specify hour, week, month, or year)

Page 3, Part 7

CURRENT VERSION

Part 7. Information on spouse and all children of the person for whom you are filing.

List husband/wife and all children related to the individual for whom the petition is filed. Provide an attachment of additional family members, if needed.
Name (First/Middle/Last)	Relationship	Date of Birth (mm/dd/yyyy)	Country of Birth

PROPOSED VERSION

Part 7. Information on Spouse and All Children of the Person for Whom you are Filing

List husband/wife and all children related to the individual for whom the petition is filed. Also, note if the individual will be applying for a visa abroad or for adjustment of status as the dependent of the individual for whom the petition is filed. Provide an attachment of additional family members, if needed.

Name ( Last) Name ( First) Name (Middle) Relationship

Date of Birth (mm/dd/yyyy)	Country of Birth	Applying for Adjustment of Status	Applying for a Visa Abroad
		Yes No	Yes No

{Repeat 5 more times}

Page 3, Part 8, New Text, Insert as follows on the bottom of Part 8 after “Print Name” & “Date”:

CURRENT VERSION

I certify, under penalty of perjury under the laws of the United States of America, that this petition and the evidence submitted with it are all true and correct. I authorize U.S. Citizenship and Immigration Services to release to other government agencies any information from my USCIS records, if USCIS determines that such action is necessary to determine eligibility for the benefit sought.

PROPOSED VERSION

I certify, under penalty of perjury under the laws of the United States of America, that this petition and the evidence submitted with it are all true and correct. I authorize U.S. Citizenship and Immigration Services (USCIS) to release to other government agencies any information from my USCIS records, if USCIS determines that such action is necessary to determine eligibility for the benefit sought.

This is a request for new information.

New
Job Title of Position with Petitioning Employer, If the Petition Is Being Filed by an Employer

I-140 Instructions	CURRENT VERSION	PROPOSED VERSION
Page 1 – “Who May File Form I-140?”	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. In addition, a person may file this petition on his or her own behalf if he or she: 1. Has extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim, 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).	An alien, who in the three years preceding the filing of this petition, has been employed in a primarily managerial or executive capacity 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. In addition, any person, employer, or third party may file this petition on his or her own behalf if he or she is: 1. An alien of 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. 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, generally known as a “national interest waiver” or “NIW.”
Page 2 – 2. A U.S. employer filing for an outstanding professor or researcher must the petition with:	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.	C. If you are a university or other institution of higher education, an offer of employment in the form of 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, an offer of employment in the form of 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.
Page 3 – 4. A U.S. employer filing for a member of the professions with an advanced degree…	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:	4. A U.S. employer (or any person, employer, or third party requesting a national interest waiver) who is 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:
Page 3, General Evidence 1. Labor Certification	New Paragraph	Please insert the following paragraph after the second paragraph in 1. Labor Certification: Effective July 16, 2007, all labor certifications expire 180 days from the date of certification. I-140 petitions based on approved labor certifications must be received by USCIS 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, petitions will be accepted with the labor certification on the next business day. Petitions filed with expired labor certifications filed after the next business day will be rejected.
Page 3, General Evidence 2. Ability to Pay Wage	New Paragraph	Please insert the following paragraph after the second paragraph in 2. Ability to Pay Wage: Note: The U.S. employer must show the ability to pay the proffered wage from the date of filing of the labor certification, or in cases where no labor certification is required, form the date of filing of the petition, also referred to as the priority date, until the alien beneficiary becomes a lawful permanent resident.
Page 4, after General Evidence 2. Ability to Pay Wage	New Paragraph	Please insert the following paragraphs after the 2. Ability to Pay section of the instructions. Amended Petitions If this petition is being filed to amend a previously filed petition, then please check the box in Part 2 of the Form entitled “To Amend a Previously Filed Petition” and also provide the receipt number of the previously filed petition in the space provided for that information. This will assist USCIS in determining whether the petition may be accepted for filing and in the location of the previously filed petition for case matching purposes. Information on Spouse and All Children of the Person for Whom You are Filing Part 7 of the Form I-140 requests information about the dependent spouse and children of the alien beneficiary of the petition to assist in visa processing and in order for USCIS to better determine the demand for employment-based immigrant visas at the time of filing of the Form I-140 petition. Note: An annotation of a dependent’s intention to either apply for adjustment of status or for an immigrant visa abroad in Part 7 of the Form I-140 is not binding, but should reflect the dependent’s intent at the time of filing of the Form I-140 petition.
Page 4 under the General Evidence section, directly after the new statements regarding “Information on Spouse and All Children of the Person for Whom You are Filing”. .	New Text	IRS Tax or Social Security Numbers With the exception of the Alien of Extraordinary Ability (Part 2.a.) and National Interest Waiver (Part 2.i.) categories, all Form I-140 visa preference categories require a permanent job offer from a U.S. employer and Form I-140 must be filed by the U.S. employer. All U.S. employers filing petitions in which a permanent job offer is required must have either an IRS Tax Number or a Social Security Number and must provide that 9 digit number in Part 1 of Form I-140, or Form I-140 will be rejected with a notice that Form I-140 is deficient.
Page 6 under “Processing Information; first paragraph	Any Form I-140 that is not signed or accompanied by the correct fee will be rejected with a notice that the 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.	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 Form I-140. An application or petition is not considered properly filed until accepted by USCIS. Note: If the petitioner is an individual, that individual, or that individual’s legal guardian if he or she is incompetent or under 14 years of age, must personally sign the petition. 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 authority to sign documents on behalf of the entity, may sign the petition.

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