Ins Toc

TABLE OF CHANGES – INSTRUCTIONS

Form I-140, Immigrant Petition for Alien Workers

OMB Number: 1615-0105

07/07/2022

Reason for Revision: Fee Rule

Project Phase: OMBReview

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 03/31/2024

Edition Date 05/31/2022

Current Page Number and Section	Current Text	Proposed Text
Page 2-4, General Instructions	[Page 2] General Instructions … Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.) …	[Page 2] General Instructions … Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form. …
Page 7-8, General Evidence	[Page 7] General Evidence … NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, CBP may have issued the alien an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website 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 website without charge. If your Form I-94 cannot be obtained from the CBP website, 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] General Evidence … NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, CBP may have issued the alien an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website 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 website without charge. If your Form I-94 cannot be obtained from the CBP website, 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 Form I-102. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form. …
Page 8-9, What Is the Filing Fee?	[Page 8] What Is the Filing Fee? The filing fee for Form I-140 is $700. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts. Use the following guidelines when you prepare your check or money order for the Form I-140 filing 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. 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, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the method of payment. Notice to Those Paying by Check. If you send USCIS a check, we 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. [Page 9] 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 your check is returned as unpayable, we will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your petition and charge you a returned check fee. How To Check If the Fees Are Correct Form I-140’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify the fee is correct by following one of the steps below. 1. Visit the USCIS website 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 fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.	[deleted]
Page 9, Where To File?	[Page 9] Where To File? … 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 website at www.uscis.gov/forms/how-do-i-use-premium-processing-service. If your Form I-140 is eligible for and you are requesting Premium Processing Services, you must also file Form I-907, Request for Premium Processing Service with the application fee. For more information about Premiums Processing, please see our website at www.uscis.gov/I-907 or call the USCIS Contact Center at 1-800-375-5283. For TTY (Deaf or hard of hearing) call: 1-800-767-1833. …	[Page 9] Where To File? … 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 website at www.uscis.gov/forms/how-do-i-use-premium-processing-service. If your Form I-140 is eligible for and you are requesting Premium Processing Services, you must also file Form I-907, Request for Premium Processing Service. For more information about Premium Processing, please see our website at www.uscis.gov/I-907 or call the USCIS Contact Center at 1-800-375-5283. For TTY (Deaf or hard of hearing) call: 1-800-767-1833. …
Page 11, Paperwork Reduction Act	[Page 11] 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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 1 hour and 5 minutes per response, 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs,, MD 20588-0009; OMB No. 1615-0015. Do not mail your completed Form I-140 to this address.	[Page 11] 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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 54 minutes per response, 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs,, MD 20588-0009; OMB No. 1615-0015. Do not mail your completed Form I-140 to this address.

1