Instructions Table of Changes

Table of Change - Instructions

Form I-140

03/01/2012

Location	Current Text	Proposed Revision
Format	2 column format	Full page format Due to the reformatted form, some of the numbering has been modified on the instructions. For example, an option that is currently “a” in Part 2 of the current form, is numbered “1.a.” in Part 2 of the revised form.
Page 1, Top of page, 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.	Page 2, This section has been deleted from the top of page 1 and revised and moved to Page 2 of the revised instructions under General Instructions, How to Fill Out Form I-140. See General Instructions section below.
Page 1, 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…	Page 1, A U.S. employer may file this petition for: 1. An outstanding professor or researcher with at least 3 years of experience in teaching…
Page 1, General Instructions	Step 1. Fill Out Form I-140 Type or print legibly in black ink. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet. Answer all questions fully and accurately. State that an item is not applicable with “N/A.” If the answer is none, write “None.”	Page 1, New language: This section has been standardized in the revised form instructions. (Sub sections “Translations”, and “Copies” have been moved from page 4 of the current instructions, to be in this standardized section.) Each petition must be properly signed and accompanied by the appropriate fee. (See “What is the Filing Fee?” section of these instructions.) A photocopy of a signed petition or a typewritten name in place of a signature is not acceptable. Evidence. You must submit all required initial evidence along with all the supporting documentation with your petition at the time of filing. If you are electronically filing this petition, you must follow the instructions provided on the USCIS Web site, www.uscis.gov. Copies. Unless specifically required that an original document be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will not automatically be returned to you. Translations. Any document containing foreign language submitted to USCIS must be accompanied by a full English language translation which 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. How to Fill Out Form I-140 Type or print legibly in black ink. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet. Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” leave the space blank.
Page 1, General Requirements	Step 2. General Requirements Initial Evidence If you are filing for an alien of extraordinary ability in the sciences, arts, education, business, or athletics (Page 1, Part 2, Petition Type, Box “a” on the form)…. A U.S. employer filing for an outstanding professor or researcher (Page 1, Part 2. Petition Type, Box “b” on the form) must file the petition with…. A U.S. employer filing for a multinational…(Page 1, Part 2, Petition Type, Box “c”on the form)….. A U.S. employer (or any person, employer, or third party requesting a national interest waiver) who is ….filing for …(Page 1, Part 2, Petition Type, Box “d,”….. A U.S. employer filing for a professional (Page 1, Part 2, Petition Type, Box “e” on the form)…. A U.S. employer filing for a skilled worker (Page 1, Part 2, Petition Type, Box “f” on the form)…. A U.S. employer filing for an unskilled worker (Page 1, Part 2, Petition Type, Box “g” on the form)….	Page 2, Page number references deleted and renumbering of boxes, so that each box now has a “1” before it to correlate with the revised form. General Requirements Initial Evidence….. If you are filing for an alien of extraordinary ability in the sciences, arts, education, business, or athletics (Part 2. Petition Type, box 1.a. on the form)…. A U.S. employer filing for an outstanding professor or researcher (Part 2. Petition Type, box 1.b. on the form) must file the petition with…. A U.S. employer filing for a multinational…(Part 2, Petition Type, box 1.c. on the form)….. A U.S. employer…(Part 2, Petition Type, box 1.d. …or box 1.i. …on the form).. A U.S. employer filing for a professional (Part 2, Petition Type, box 1.e. on the form)…. A U.S. employer filing for a skilled worker (Part 2, Petition Type, box 1.f. on the form…. A U.S. employer filing for an unskilled worker (Part 2, Petition Type, box 1.g. on the form)…. (Moved the next section from page 4 of current version of the instructions, to be under #7 in this section. ) Amended Petitions If this petition is being filed to amend a previously filed Form I-140 petition, then please check the box in Part 2, Petition Type, box 2.a. of the Form I-140, entitled “To Amend a Previously Filed Petition” and fill in the receipt number of the previously filed petition in the space provided. This will assist USCIS in determining whether the petition may be accepted for filing and the location of the previously filed petition for case matching purposes.
Page 3, General Evidence	1. Labor certification. Petitions for certain classification 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…… *** 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.	Page 5, 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, or the petitioner selects “Yes” for Question 8, Part 4., Page 4, asking USCIS to request a duplicate original certification from the Department of Labor.….. ***
Page 4. General Evidence (cont’d)	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.	Included as part of the main text.
Page 4, Amended Petitions	If this petition is being filed to amend a previously filed I-140 petition, then please check the box on page 1, Part 2 (1) of the I-140 Form, entitled “To Amend a Previously Filed Petition” and also provide the receipt number of the previously filed petition in the space provided. This will assist USCIs in determining whether the petition may be accepted for filing and the location of the previously filed petition for case matching purposes.	Page 4, Moved Amended Petitions to be on Page 4 of the revised instructions, under General Requirements. See General Requirements section above.
Page 4, IRS Tax or Social Security Numbers	With the exception of the Alien of Extraordinary Ability (Part 2.a.) and the National Interest Waiver (Part 2.i.) categories…	Page 4, With the exception of the Alien of Extraordinary Ability (Part 2, Petition Type, box 1.a.) and the National Interest Waiver (Part 2, Petition Type, box 1.i.) categories…
Page 6, What Is the Filing Fee?	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: Visit our Web site at www.uscis.gov, select “FORMS” and check the appropriate fee; Review the Fee Schedule included in your form package, if you called us to request the form; or Telephone our National Customer Service Center at 1-800-375-5283 and ask for fee information.	Page 6, This section has been moved to come before the “Where To File?” section in the revised instructions. How to Check If the Fees Are Correct The fee on this form is current as of the edition date appearing in the lower left 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: Visit the USCIS Web site at www.uscis.gov, select “FORMS” and check the appropriate fee; Telephone the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information.
Page 4, 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 revised. If you are filing Form I-140 more than 30 days after the latest edition date shown in the lower right corner, visit the “FORMS” page of our Web site www.uscis.gov before you file. If the edition date on your Form I-140 matches the edition date listed for Form I-140 on the online “FORMS” page, your version is current. If the edition date on the online version is later, download a copy and use it. If you do not have Internet access, call the USCIS National Customer Service Center at 1-800-375-5283 to verify the current filing address and edition date. E-Filing Form I-140 Certain Form I-140 filings may be electronically fled (e-filed) with USCIS. View our Web site at www.uscis.gov “FORMS”, and click on the link “File my Application Online (E-filing,” for information on who is eligible to e-file this form. If you are e-filing Form I-140, it will automatically be routed to the appropriate Service Center, and you will receive a receipt indicating the location to which it was routed. For e-filed petition, it is very important to review your filing receipt and receipt number 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. Premium Processing… If you are requesting Premium Processing Services for Form I-140… Premium Processing Service for a Pending Form I-140 Petition If you have already filed Form I-140… Filing Form I-140 Petition Mail standalone Form I-140 Petitions to the USCIS Dallas Lockbox facility at the following address: *** E-Notification If you want to receive an e-mail and/or text message that your form has been accepted, clip a completed Form G-1145, E-Notification of Application/Petition Acceptance, to the first page of your petition. This form can be downloaded from www.uscis.gov/g-1145. E-Notification is only available for forms filed at a USCIS Lockbox facility.	Page 6, Deleted. As part of standardization, filing information and addresses have been deleted and replaced with the paragraph below. All filing information, including E-Notification, will be available on the USCIS Web site. This will make it easier to provide customers with the most current filing information. Please see our Web site at www.uscis.gov/I-140 or call our National Customer Service Center at 1-800-375-5283 for the most current information about where to file this benefit request. 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 “FORMS”, and click on the link “File my Application Online (E-filing,” for information on who is eligible to e-file this form. If you are e-filing Form I-140, it will automatically be routed to the appropriate Service Center, and you will receive a receipt indicating the location to which it was routed. For e-filed petition, it is very important to review your filing receipt and receipt number 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. Premium Processing… If you are requesting Premium Processing Services for Form I-140… Premium Processing Service for a Pending Form I-140 Petition… If you have already filed Form I-140… Deleted. Filing locations, including E-Notification information, is provided on the USCIS Web site.
Page 6, Address Changes	If you changed your address, you must inform USCIS of your new address. For information on filing a change of address go to the UCIS website at www.uscis.gov/addresschange or contact the National Customer Service Center at 1-800-375-5283.	Page 7, If you have changed your address, you must inform USCIS of your new address. For information on filing a change of address go to the UCIS USCIS website at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the USCIS Lockbox facilities do not process change of address requests.
Page 7, 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.	Page 8, Text has been standardized and revised, and the title has been revised. USCIS Privacy Act Statement AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act, section 101, et seq. PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the immigration benefit for which you are filing. The information you provide will be used to grant or deny the benefit sought. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in denial of your Form I-140. ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of records notices [DHS-USCIS-007 – Benefits Information System and DHS-USCIS-001 – Alien File, Index, and National File Tracking System of Records, which can be found at www.dhs.gov/privacy]. The information may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.
Page 7, Paperwork Reduction Act	Paperwork Reduction Act An agency…..Do not mail your application to this address.	Page 9, Paperwork Reduction Act An agency…..Do not mail your completed Form I-140 petition to this address.

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