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?
Form I-140 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:
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:

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, any employer, person, or third party may file this
petition, including the alien beneficiary of the petition if the
petition is being filed 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
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."

DRAFT

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 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.
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.

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. 08/31/09) N

B. At least three of the following:

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

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
the work of others in the field or an allied 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;

2. Membership in associations in the academic field
that require outstanding achievements of their
members;
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 the
judge of the work of others in the same or an allied
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

DRAFT

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

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.

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. 08/31/09) N 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 (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:
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:

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).
6. A U.S. employer filing for a professional must file the
petition with:
A. A labor certification (see "General Evidence");

DRAFT

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 10 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;

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.

e. Evidence of membership in professional
associations; or

Form I-140 Instructions (Rev. 08/31/09) N 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.
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.
Effective July 16, 2007, all labor certifications expire 180
days from the date of certification. Form 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.

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, from the date of filing of the petition, also
referred to as the priority date, until the alien beneficiary
becomes a lawful permanent resident.
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
of the Person for Whom You Are Filing
Part 7 of 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 employmentbased immigrant visas at the time of filing of the Form
I-140 petition.

DRAFT

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.

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.
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.

Form I-140 Instructions (Rev. 08/31/09) N Page 4

Translations

Premium Processing

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
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.
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

If you are requesting Premium Processing Services for Form
I-140, you must also file Form I-907, Request for Premium
Processing Service. Send Form 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.

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.

DRAFT

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.

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

Processing Form I-140
Form I-140 is 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

Form I-140 Instructions (Rev. 08/31/09) N Page 4

For Form I-140 filed concurrently with Form I-485,
Application to Register Permanent Residence or Adjust Status,
mail your forms package to:

A. If you live in Guam, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.

USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

NOTE: Spell out U.S. Department of Homeland Security; do
not use the initials "USDHS" or "DHS."

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.
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

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.
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.

DRAFT

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.

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

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

Form I-140 Instructions (Rev. 08/31/09) N Page 5

For commercial overnight or fast freight services only, mail to:

Instructions for Industry and Occupation Codes

U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

NAICS Code

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 Form
I-140. An application or petition is not considered properly
filed until accepted by USCIS.
Note: If the petitioner is an individual, then 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 has
authority to sign documents on behalf of the entity, may sign
the petition.

Initial Processing

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

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.

DRAFT

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.

The code sequence 19-1021 would be entered as:

1

9

1

0

2

1

The code sequence 15-100 would be entered as:

1

5

1

0

0

0

USCIS Forms and Information

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.

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.
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.

Form I-140 Instructions (Rev. 08/31/09) N Page 6

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 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.

Paperwork Reduction Act

DRAFT

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 Products 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. 08/31/09) N Page 7