Table of Changes - Form I-140 Instructions

TABLE OF CHANGES – INSTRUCTIONS

Form I-140, Petition for Alien Worker

OMB Control No. 1615-0015

10/05/2015

Reason for Revision: The final rule, Enhancing Opportunities for High-Skilled H-1B1 and E-3 Nonimmigrants, CW-1 Nonimmigrants, and EB-1 Immigrants, RIN 1615-AC00.

1. Edits to the “Initial Evidence” section, for employers filing for an outstanding professor or researcher, to reflect that the current list of evidentiary criteria was expanded. A new paragraph B was added to specify that if the listed standards do not readily apply, then the petitioner may submit comparable evidence to establish the alien’s eligibility. Subsequent paragraphs were renumbered.

2. Minor clarifying language updates to maintain parity among USCIS forms.

Current Page Number and Section	Current Text	Proposed Text
Page 1, What is the Purpose of This Form?	[Page 1] 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.	[No change]
Page 1, Who May File Form I-140?	[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 3 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; 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 3 persons in full-time research activities and which achieved documented accomplishments in an academic field. 2. An alien, who in the 3 years preceding the filing of this petition, has been employed in a primarily managerial or executive capacity for at least 1 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 2 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. 6. An unskilled worker (requiring less than 2 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 professions 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 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 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; 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. [No change] 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. [No change] 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. [No change]
Page 1-2, General Instructions	[Page 1] General Instructions USCIS provides most forms in PDF format free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which can be downloaded for free at http://get.adobe.com/reader/. 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. [Page 2] 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 a 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 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. If an item is not applicable or the answer is “none,” leave the space blank.	[Page 2] General Instructions USCIS provides forms free of charge through the USCIS Web site. In order to view, print, or fill out 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 National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833. Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a stamped or typewritten name in place of a signature. If you are filing this petition electronically, when authorized, USCIS will accept your signature in an electronic format. If you are under 14 years of age, your parent or legal guardian may sign the petition on your behalf. A legal guardian may also sign for a mentally incompetent person. 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. Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.) Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the General Requirements and General Evidence sections of these Instructions. Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you. 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 he or she is competent to translate from the foreign language into English. How to Fill Out Form I-140 1. Type or print legibly in black ink. 2. If you need extra space to complete any item within this petition, attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. 3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.
Page 2-4, General Requirements	[Page 2] 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. Petition Type, Item Number 1.a. on the form): You must attach evidence with your petition showing 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 b. At least 3 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 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; 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; and 10. Evidence of commercial successes in the performing arts, as shown by box office receipts, music 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 (Part 2. Petition Type, Item Number 1.b. on the form) 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 2 of the following: [Page 3] 1. Receipt of major prizes or awards for outstanding achievement in the academic field; 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 3 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, 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 3 full-time researchers and have achieved documented accomplishments in the field. 3. A U.S. employer filing for a multinational executive or manager (Part 2. Petition Type, Item Number 1.c. on the form) 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 1 year in the past 3 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 1 year in the 3 years preceding admission as a nonimmigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate; 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 1 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 (Part 2. Petition Type, Item Number 1.d., for a petition filed by an employer with a Schedule A or individual labor certification, or Item Number 1.i., for a petition that requests a National Interest Waiver, on the form) 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: 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 5 years of progressive post baccalaureate experience in the specialty; or 2. At least 3 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; [Page 4] (e) Evidence of membership in professional associations; or (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 professional (Part 2. Petition Type, Item Number 1.e. on the form) must file the petition with: a. A labor certification (see "General Evidence" below); 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. 6. A U.S. employer filing for a skilled worker (Part 2. Petition Type, Item Number 1.f. on the form) 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 2 years of training or experience). 7. A U.S. employer filing for an unskilled worker (Part 2. Petition Type, Item Number 1.g. on the form) 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. Amended Petitions If this petition is being filed to amend a previously filed Form I-140 petition, then check the box in Part 2. Petition Type, Item Number 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. Information on Spouse and All Children of the Person for Whom You Are Filing Part 7. Information on Spouse and All Children of the Person for Whom You Are Filing, 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 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 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. Petition Type, Item Number 1.a.) and National Interest Waiver (Part 2. Petition Type, Item Number 1.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 it is deficient.	[Page 3] 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. Petition Type, Item Number 1.a. on the petition): You must attach evidence with your petition showing 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 (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 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; (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; and (10) Evidence of commercial successes in the performing arts, as shown by box office receipts or music 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 letters from prospective employers, 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 (Part 2., Item Number 1.b. on the petition) 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: (1) Receipt of major prizes or awards for outstanding achievement in the academic field; (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. [Page 4] B. If the above standards do not readily apply, you may submit comparable evidence to establish the beneficiary’s eligibility; and C. Evidence the beneficiary has at least three years of experience in teaching and/or research in the academic field; and D. 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 E. 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 (Part 2., Item Number 1.c. on the petition) 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; 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. You should include a description of the duties he or she will perform. 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 (Part 2., Item Number 1.d., for a petition filed by an employer with a Schedule A or individual labor certification, or Item Number 1.i., for a petition that requests a National Interest Waiver, on the petition) must file the petition with: A. A labor certification (see the General Evidence section of these Instructions), or a request for a waiver of a job offer because the employment is deemed as 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: [No Change] [Page 5] (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 professional (Part 2., Item Number 1.e. on the petition) must file the petition with: A. A labor certification (see the General Evidence section of these Instructions); 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. 6. A U.S. employer filing for a skilled worker (Part 2., Item Number 1.f. on the petition) must file the petition with: A. A labor certification (see the General Evidence section of these Instructions); 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). 7. A U.S. employer filing for an unskilled worker (Part 2., Item Number 1.g. on the petition) must file the petition with: A. A labor certification see the General Evidence section of these Instructions); and B. Evidence that the beneficiary meets any education, training, or experience requirements required in the labor certification. Amended Petitions If this petition is being filed to amend a previously filed Form I-140, select Item Number 2.a. in Part 2., “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 we may accept the petition for filing and provide 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. Information on Spouse and All Children of the Person for Whom You Are Filing 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 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. IRS Tax or Social Security Numbers With the exception of the categories for alien of extraordinary ability (Part 2., Item Number 1.a.) and National Interest Waiver (Part 2., Item Number 1.i.), 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. 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 nine digit number in Part 1. of Form I-140, or USCIS will reject Form I-140 with a notice that it is deficient.
Page 5, General Evidence	[Page 5] 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, or the petitioner selects "Yes" for Item Number 8.,Part 4., asking USCIS to request a duplicate original certification from the DOL. 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. 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: 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. 3. Part 3. Information About the Person for Whom You are Filing. If the person is in the United States, provide the following information. Item Numbers 13. - 16. Complete all sections, as applicable. Regarding the Admission/travel document - provide the I-94 admission number which may have been received from U.S. Customs and Border Protection in connection with arrival and admission to the United States, or from U.S. Citizenship and Immigration Services if immigration status was granted within the United States. The I-94 number is on the Form I-94 Arrival-Departure Record, which may be noted as the Departure Number on some versions. If CBP did not provide a Form I-94 upon arrival/admission to the United States, a print out of the Form I-94 may be obtained according to the instructions provided by CBP. Also, provide the date of arrival and the date that the status expires. If a passport or other travel document (such as another document that can be used for entry into the United States and which denotes identity and citizenship) was used at the last admission to the United States, enter the number in the space provided even if the document is now expired. Provide the country of issuance and expiration date as well.	[Page 6] General Evidence 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 the DOL’s Schedule A. If an individual labor certification is required, then you must submit the original individual labor certification with the petition, unless the original labor certification was already provided to USCIS in support of a different petition, or the petitioner selects “Yes” for Item Number 8. in Part 4., asking USCIS to request a duplicate original certification from the DOL. 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 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. 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. You may provide evidence 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, you may submit a statement from a financial officer of the organization that establishes ability to pay the wage. In appropriate cases, you may submit additional evidence, such as profit/loss statements, bank account records, or personnel records. 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 beneficiary becomes a lawful permanent resident. 3. Part 3. Information About the Person for Whom You are Filing. If the person is in the United States, provide the following information in Item Numbers 13. - 16. Provide all information, as applicable. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival-Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.  NOTE:  If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94.  You may visit the CBP Web site at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service.  Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013 with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP Web site without charge.  If your Form I-94 cannot be obtained from the CBP Web site, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS.  USCIS does charge a fee for this service. [Page 7] Passport and Travel Document Numbers.  If you used a passport or travel document to travel to the United Sates, enter either the passport or travel document information in the appropriate space on the [application, petition, or request], even if the passport or travel document is currently expired.
Page 6, What Is the Filing Fee?	[Page 6] What Is the Filing Fee? The filing fee for a Form I-140 is $580. Use the following guidelines when you prepare your check or money order for Form I-140: 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. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS." 3. If you live outside the United States, Guam, or the U.S. Virgin Islands, contact the nearest U.S. Embassy or consulate for instructions on the method of payment. 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 2 times. How to Check If the Fees Are Correct Form I-140 fees and biometrics services fees are current as of edition date 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 the USCIS Web site at www.uscis.gov, select "FORMS", and check the appropriate fee; or 2. Telephone the USCIS National Customer Service Center at 1-800-375-5283 and ask for the fee information. For TDD (hearing impaired) call: 1-800-767-1833.	[Page 7] What Is the Filing Fee? The filing fee for Form I-140 is $580. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You must submit the fee in the exact amount. [No change] 3. If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the method of payment. Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it 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 your bank will show it on your regular account statement. You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If USCIS cannot complete the EFT because of insufficient funds, we may try to make the transfer two additional times. How to Check If the Fees Are Correct Form I-140 filing fee is current as of edition date 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 the USCIS Web site at www.uscis.gov, select “FORMS”, and check the appropriate fee; or 2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for the fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Page 6-7, Where To File?	[Page 6] Where To File? Please see our Web site at www.uscis.gov/I-140 or call the USCIS National Customer Service Center at 1-800-375-5283 for the most current information about where to file this benefit request. For TDD (hearing impaired) call: 1-800-767-1833. E-Filing Form I-140 Certain Form I-140 filings may be electronically filed (e-filed) with USCIS. View the USCIS 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 petitions, 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, 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. Do NOT send requests for Premium Processing to a USCIS Lockbox facility. NOTE: Before you file Forms I-907 and I-140 together, you must first determine whether you can request Premium Processing for the requested classification. To determine if the classification for which you are filing is eligible for Premium Processing, go to www.uscis.gov, "FORMS". [Page 7] Premium Processing Service for a Pending Form I-140 Petition 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 filing instructions for further information. Do NOT send requests for Premium Processing to a USCIS Lockbox facility. You must include a copy of Form I-797C, Notice of Action, which shows your Form I-140 was accepted, or a copy of the transfer notice, if applicable, showing the location of Form I-140. To ensure that Form I-907 is matched up with the pending Form I-140, you must fully answer Item Numbers 1. - 5. in Part 2. of Form I-907. If this information is not provided, Form I-907 will be rejected.	[Page 7] Where To File? 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. For TTY (deaf or hard of hearing) call: 1-800-767-1833. [Deleted] 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 Web site at www.uscis.gov/forms/how-do-i-use-premium-processing-service. If your petition is eligible for and 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 according to the filing instructions for Form I-907. Please see our Web site at www.uscis.gov/I-907. Do NOT send requests for Premium Processing to a USCIS Lockbox facility. [Page 8] 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 filing instructions at www.uscis.gov/I-907 for further information. Do NOT send requests for Premium Processing to a USCIS Lockbox facility. You must include a copy of Form I-797C, Notice of Action, which shows your Form I-140 was accepted, or a copy of the transfer notice, if applicable, showing the location of Form I-140. To ensure that your Form I-907 is matched up with the your pending Form I-140, you must fully answer Item Numbers 1. - 5. in Part 2. of Form I-907. If this information is not provided, USCIS will reject your Form I-907.
Page 7, Address Changes	[Page 7] Address Changes 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 USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833. 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 8] Address Changes You must notify USCIS of your new address within 10 days of moving from your previous residence. For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833. NOTE: Do not submit a change of address request to USCIS Lockbox facilities because these facilities do not process change of address requests.
Page 7-8, Processing Information	[Page 7] 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 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. NOTE: 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. [Page 8] 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, 1 digit in each of the 6 boxes. If you use a code that is less than 6 digits, enter the code left to right and then add zeros in the remaining unoccupied boxes. The code sequence 33466 would be entered as: 334660 The code sequence 5133 would be entered as: 513300 SOC Code The Standard Occupational Classification (SOC) System codes can be obtained from the DOL, Bureau of Labor Statistics (http://stats.bls.gov/soc/home.htm).  Enter the code from left to right, 1 digit in each of the 6 boxes. If you use a code which is less than 6 digits, enter the code left to right and then add zeros in the remaining unoccupied boxes. The code sequence 19-1021 would be entered as: 19-1021 The code sequence 15-100 would be entered as: 15-1000	[Page 8] 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. [Deleted] Initial Processing. Once USCIS accepts your petition we will check it for completeness. If you do not completely fill out this petition, you will not establish a basis for your eligibility and USCIS may reject or deny your petition. Requests for More Information. We 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. USCIS will return any requested originals when they are no longer needed. Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature 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 the decision in writing or, for petitions filed electronically, through an electronic notice. 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. NOTE: This is the first step towards permanent residence. However, this does not in itself grant permanent residence or employment authorization. USCIS will provide you with information about the requirements for the person to receive an immigrant visa or to adjust status after your petition is approved. [Page 9] Instructions for Industry and Occupation Codes NAICS Code You can obtain the North American Industry Classification System (NAICS) code from the U.S. Department of Commerce, U.S. Census Bureau at (www.census.gov/epcd/www/naics.html). Type or print 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, type or print the code left to right and then add zeros in the remaining unoccupied boxes. For example: 1. Type or print the code sequence 33466 as 334660; or 2. Type or print the code sequence 5133 as 513300. SOC Code You can obtain the Standard Occupational Classification (SOC) System codes from the DOL, Bureau of Labor Statistics (http://stats.bls.gov/soc/home.htm). Type or print 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, type or print the code left to right and then add zeros in the remaining unoccupied boxes. For example: 1. Type or print the code sequence 19-1021 as 19-1021; or 2. Type or print the code sequence 15-100 as 15-1000.
Page 8, USCIS Forms and Information	[Page 8] USCIS Forms and Information To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning our USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833. As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through the USCIS Internet-based system, InfoPass. To access the system, visit the USCIS 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.	[Page 9] USCIS Forms and Information To ensure you are using the latest version of this petition, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by calling the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833. Instead of waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our online system, InfoPass, at infopass.uscis.gov. 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.
Page 8, Penalties	[Page 8] Penalties If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, 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.	[Page 9] 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.
Page 9, USCIS Compliance Review and Monitoring	[Page 9] 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're are seeking at any time. USCIS 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. 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.	[Page 9] 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 are complete, true, and correct. You also authorize the release of any information from your records that USCIS may need to determine eligibility for the 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. USCIS’ legal authority to verify this information is in 8 U.S.C. 1103, 1155, and 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 is decided. [Page 10] Agency verification methods may include, but are not limited to: review of public records and information; contact via written correspondence, the Internet, facsimile, other electronic transmission, or telephone; unannounced physical site inspections of residences and places of employment; and interviews. USCIS will use information obtained through verification 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 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.
Page 8-9, USCIS Privacy Act Statement	[Page 8] USCIS Privacy Act Statement AUTHORITIES: The information requested on this form, and the associated evidence, is collected under Title 8 U.S.C. sections 1103 and 1153(b) and Title 8 of the Code of Federal Regulations (CFR) parts 103 and 204. PURPOSE: The primary purpose for providing the requested information on this form is to petition for an immigrant visa based on employment. The information you provide will be used to grant or deny the benefit. 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. [Page 9] ROUTINE USES: The information you provide on this form may be shared with other federal, state, local, and foreign government agencies and authorized organizations in accordance with approved routine uses, as 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, 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 10] USCIS Privacy Act Statement AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under Title 8 U.S.C. sections 1103 and 1153(b) and Title 8 of the Code of Federal Regulations (CFR) Parts 103 and 204. PURPOSE: The primary purpose for providing the requested information on this petition is to determine if you have established eligibility for an immigrant visa based on employment. DHS will use the information you provide to grant or deny the immigration benefit you are seeking. 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: DHS may share the information you provide on this petition 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-007 - Benefits Information System and DHS-USCIS-001 - Alien File, Index, and National File Tracking System of Records] 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.
Page 9, Paperwork Reduction Act	[Page 9] 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 65 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 Coordination Division, Office of Policy & Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0015. Do not mail your completed Form I-140 to this address.	[Page 10] 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 65 minutes per response in paper format, and 60 minutes when submitted electronically, 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, Regulatory Coordination Division, Office of Policy & Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0015. Do not mail your completed Form I-140 to this address.

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