How to Fill Out Form I-140: Field-by-Field Instructions for 2026

Form Edition 06/07/24 Base Fee $715 Premium Fee $2,965 Total Parts 11 USCIS accepts only one edition of Form I-140 in 2026: edition date 06/07/24, expiration 02/28/2027. Anything older is rejected on receipt. This guide walks through every field on all 11 Parts of the current form, flags the entries that trigger the most Requests […]

Form I-140 field-by-field instructions USCIS petition 2026
Form Edition
06/07/24
Base Fee
$715
Premium Fee
$2,965
Total Parts
11

USCIS accepts only one edition of Form I-140 in 2026: edition date 06/07/24, expiration 02/28/2027. Anything older is rejected on receipt. This guide walks through every field on all 11 Parts of the current form, flags the entries that trigger the most Requests for Evidence, and shows the 2026 fee math every petitioner must get right before signing.

The form is short by immigration standards. The instructions run 11 pages, the petition itself is 8 pages, and most employers finish the data entry in under an hour. The hard part is not the typing. It is matching what you write in Part 2 to what you file in Part 4, what you certify in Part 5 to the underlying PERM, and what you sign in Part 8 to the person with legal authority to bind the company.

This walkthrough assumes you already have a petition strategy: an EB-1A, EB-1B, EB-1C, EB-2, EB-2 NIW, EB-3 Skilled, EB-3 Professional, or EB-3 Other Worker classification. If you have not picked a category yet, start with our Form I-140 complete guide for 2026, then come back here to fill the form.

Three groups file the I-140. U.S. employers sponsoring EB-1B, EB-1C, EB-2 non-NIW, EB-3 Skilled, EB-3 Professional, and EB-3 Other Worker cases. Beneficiaries self-petitioning EB-1A and EB-2 NIW cases. Attorneys acting on behalf of either. The field choices differ depending on which of you is filing.

VisaVerge has tracked I-140 denial trends since the April 2024 fee rule and again since the March 2026 premium processing increase. The denial reasons that show up most often on AAO dockets are not exotic. They are typos in Part 3, mismatched classification codes between Part 2 and the PERM, and ability-to-pay problems traceable to wrong entries in Part 5. This guide is organized around those failure points.

Before entering the first field, gather the I-797 for any prior petitions, the approved Form ETA-9089 (if the case needs PERM), the company EIN, the beneficiary’s full I-94 history, the passport, and the prevailing wage determination. USCIS will not allow blank entries; if a field does not apply, write “N/A” or “None.”

Form I-140 (Edition 06/07/24)
Immigrant Petition for Alien Workers (USCIS)
1

Header Boxes: Classification, Certification, and Attorney

The top of page 1 has four boxes USCIS uses to route the file. Leave Fee Stamp, Priority Date, Consulate, Action Block, and Remarks blank. Complete the three boxes below.

Page 1 Header Boxes: Field-by-Field
BoxFieldWhat to Enter
Classification203(b)(1)(A)Check for EB-1A extraordinary ability
Classification203(b)(1)(B)Check for EB-1B outstanding professor or researcher
Classification203(b)(1)(C)Check for EB-1C multinational executive or manager
Classification203(b)(2)Check for EB-2 advanced-degree or exceptional-ability
Classification203(b)(3)(A)(i)Check for EB-3 Skilled Worker
Classification203(b)(3)(A)(ii)Check for EB-3 Professional
Classification203(b)(3)(A)(iii)Check for EB-3 Other Worker (unskilled)
CertificationNational Interest WaiverCheck only for EB-2 NIW cases (no PERM attached)
CertificationSchedule A, Group ICheck for registered nurses and physical therapists
CertificationSchedule A, Group IICheck for exceptional-ability Schedule A (rare)
AttorneyG-28 attached checkboxCheck if Form G-28 is filed with the petition
AttorneyState Bar NumberAttorney’s state bar ID (leave blank if pro se)
AttorneyUSCIS Online AccountAttorney’s USCIS OAN if they have one
Warning

Do not check Classification 203(b)(2) and Certification National Interest Waiver if the case is a standard PERM-based EB-2. NIW cases do not use PERM. Mixing the two is the single most common Part 2 error on pro se filings.

Form G-28
Notice of Entry of Appearance as Attorney or Accredited Representative
2

Part 1: Information About the Person or Organization Filing This Petition

Part 1 identifies the petitioner. Complete either Item 2 (company) or Items 1.a-1.c (individual), never both. Self-petitioners (EB-1A, NIW) fill Items 1.a-1.c.

Part 1: Field-by-Field Reference
ItemFieldWhat to Enter
1.a / 1.b / 1.cFamily / Given / Middle NameOnly if an individual files (self-petition, LPR, etc.)
2Company or Organization NameOnly if a company files; skip Items 1.a-1.c
3.aIn Care Of NameLaw firm name if mail goes to counsel; else blank
3.bStreet Number and NameCompany HR address or self-petitioner address
3.cApt / Ste / FlrUnit type + number if applicable
3.d / 3.e / 3.fCity / State / ZIPU.S. address only in these fields
3.g / 3.h / 3.iProvince / Postal Code / CountryForeign address fields; leave blank if U.S.
4IRS Employer Identification Number9-digit EIN; self-petitioners leave blank
5Nonprofit / governmental research org?Yes unlocks the $0 Asylum Program Fee
625 or fewer FTEs including affiliates?Yes unlocks the $300 reduced Asylum Program Fee
7U.S. Social Security NumberSelf-petitioner SSN; blank for company filers
8USCIS Online Account NumberOAN if previously filed online; else blank
Tip

Verify the EIN matches the one on the PERM ETA-9089 and on the tax documents you will submit as ability-to-pay evidence. Every denial citing “inconsistent employer identification” traces back to an EIN that differs across filings, usually because a parent and subsidiary share payroll but file under different numbers.

3

Part 2: Petition Type

Part 2 is where most pro se petitioners trigger an NOID. Select exactly one box from Items 1.a-1.h. Items 2.a and 2.b are blank for almost every fresh filing.

Part 2: Petition Type Checkboxes
ItemClassificationWhen to Check
1.aExtraordinary abilityEB-1A self-petition, no PERM, no job offer required
1.bOutstanding professor or researcherEB-1B employer-filed, no PERM
1.cMultinational executive or managerEB-1C employer-filed, no PERM
1.dAdvanced degree / exceptional abilityEB-2 with certified PERM attached
1.eProfessional (bachelor’s degree)EB-3 Professional with PERM
1.fSkilled workerEB-3 Skilled (2+ years experience) with PERM
1.gOther workerEB-3 unskilled (under 2 years) with PERM
1.hNIW (professional with advanced degree)EB-2 NIW self-petition, no PERM
2.aAmend previously filed petitionOnly to amend a prior I-140 by USCIS direction
2.bSchedule A, Group I or II designationOnly for RNs, PTs, or Group II cases
Warning

Items 1.d and 1.h both mention “advanced degree.” Item 1.d requires an attached PERM. Item 1.h is the NIW waiver of the job offer. Attaching PERM to a 1.h filing triggers an immediate RFE asking which classification you intended.

4

Part 3: Information About the Person for Whom You Are Filing

Part 3 is the beneficiary identity block. Names must match the passport exactly. The I-94 block (Items 10-15) applies only when the beneficiary is physically in the United States.

Part 3: Field-by-Field Reference
ItemFieldWhat to Enter
1.a / 1.b / 1.cFamily / Given / Middle NameExactly as on passport, including diacritics
2.a-2.iMailing AddressWhere beneficiary wants I-797 notices delivered
3Date of Birthmm/dd/yyyy from passport
4City / Town / Village of BirthBirthplace city on passport or birth record
5State or Province of BirthState or province; N/A if none
6Country of BirthUse current country name
7Country of Citizenship or NationalityCurrent citizenship (drives priority date chargeability)
8Alien Registration Number (A-Number)9-digit A-Number from prior USCIS filings; blank if none
9U.S. SSNSSN if one was issued; H-1B/L-1 always have one
10Date of Last ArrivalFrom CBP I-94 record
11.aForm I-94 Arrival-Departure Record NumberPull from i94.cbp.dhs.gov, not the I-797 notice
11.bExpiration Date of Authorized StayI-94 expiration date on CBP record
11.cStatus on Form I-94Class of admission (e.g., H-1B, L-1A, F-1)
12Passport NumberCurrent valid passport number
13Travel Document NumberOnly if using a travel document (e.g., refugee)
14Country of IssuanceCountry that issued the passport
15Passport Expiration Datemm/dd/yyyy from passport data page
Warning

Pull Item 11.a fresh from i94.cbp.dhs.gov within 48 hours of signing. Every re-entry issues a new I-94 number. Using the number from the original H-1B I-797 approval notice is the fastest way to an RFE on status maintenance.

5

Part 4: Processing Information

Part 4 tells USCIS where the beneficiary plans to pick up the green card. Check exactly one of Items 1.a or 2.a. The selection is not binding and can be changed later.

Part 4: Field-by-Field Reference
ItemFieldWhat to Enter
1.aWill apply at U.S. Embassy or Consulate abroadCheck for consular processing (CP)
1.b / 1.cCity / Country of ConsulateOnly if 1.a is checked
2.aWill apply for Adjustment of Status in U.S.Check for I-485 AOS inside the U.S.
2.bCurrent country of residence abroadOnly if 1.a is checked
3.a-3.fForeign addressOnly if Part 3 mailing address was U.S.
4.a-4.c / 5.a-5.gNative-alphabet name and addressRequired for non-Roman alphabets (Chinese, Hindi, Arabic, etc.)
6.aFiling other petitions concurrently?Yes if filing I-485, I-131, I-765 together
6.bConcurrent form checkboxesCheck I-485, I-131, I-765, or Other as applicable
7In removal proceedings?Yes/No; explain Yes in Part 11
8Any prior immigrant visa petition?Yes/No; explain Yes in Part 11
9Filing without original labor cert?Yes only if PERM was submitted with prior I-140
10Requesting duplicate labor cert from DOL?Yes only for specific duplicate-request cases
Tip

Concurrent I-140 and I-485 filing is only possible when the beneficiary’s priority date is current under the Dates for Filing chart in the month of submission. Check the chart before committing to 6.a and 6.b. See PERM filing date vs I-140 approval date.

6

Part 5: Additional Information About the Petitioner

Part 5 is the ability-to-pay heart of the petition for every PERM-based case (EB-2 non-NIW and all EB-3 categories). Get Part 5 wrong and the RFE is almost guaranteed.

Part 5: Field-by-Field Reference
ItemFieldWhat to Enter
1.aPetitioner type: EmployerCheck if a company or organization files
1.bPetitioner type: SelfCheck for EB-1A or EB-2 NIW self-petition
1.cPetitioner type: OtherLPR, U.S. citizen, or third-party; write explanation
2Type of BusinessPlain-English description (e.g., software development)
3Date Establishedmm/dd/yyyy the business was formed
4Current Number of U.S. EmployeesTotal U.S. headcount, including affiliates
5Gross Annual IncomeFrom most recent federal tax return
6Net Annual IncomeNet income; must meet or exceed prevailing wage
7NAICS Code6-digit code from census.gov/naics
8Labor Certification DOL Case NumberPERM case number from certified ETA-9089
9Labor Certification DOL Filing DatePERM filing date = priority date (EB-2 non-NIW, EB-3)
10Labor Certification Expiration Date180 days after DOL certification; must file before this
11Occupation (individual filer only)Field of extraordinary ability or NIW endeavor
12Annual Income (individual filer only)Self-petitioner annual income
Ability-to-Pay Evidence Required for Employer Petitions
Net income equal to or greater than prevailing wageTax returns
Net assets equal to or greater than prevailing wageAudited financials
Beneficiary currently employed at prevailing wageW-2 / payroll
100+ U.S. employees (Yates memo, 2004)Financial officer statement
Loss-year or shortfall (Matter of Sonegawa)Totality narrative
7

Part 6: Basic Information About the Proposed Employment

Part 6 describes the job. For any PERM-based case, every field must match the certified ETA-9089 exactly. Divergence is an automatic RFE.

Part 6: Field-by-Field Reference
ItemFieldWhat to Enter
1Job TitleCopy verbatim from PERM; do not rewrite
2SOC Code6-digit code from bls.gov/soc; pad with zeros if PERM is 5 digits
3Nontechnical Job DescriptionPERM job-duties block in plain English
4Full-time position?Yes/No; match PERM
5Hours per week (if part-time)Only if Item 4 is No
6Permanent position?Yes/No; I-140 requires permanent
7New position?Yes if position was created for beneficiary
8WagesAmount + per hour/week/month/year; must meet prevailing wage
9.a-9.eWorksite LocationOnly if worksite differs from Part 1 petitioner address
Warning

EB-1C petitions require the U.S. position to be managerial or executive under INA definitions, not the corporate job title. A “Senior Software Engineer” title does not qualify as managerial. Match the Item 3 job description to the USCIS definitions in 8 CFR 204.5(j)(2), not the internal HR job ladder.

8

Part 7: Information About the Spouse and All Children

Part 7 lists every qualifying dependent: the spouse plus every unmarried child under 21. The form has space for six people; use Part 11 for overflow. The same 6 fields repeat for each person.

Part 7: Repeating Fields per Dependent
ItemFieldWhat to Enter
1.a / 1.b / 1.cFamily / Given / Middle NameAs on passport or birth certificate
2Date of Birthmm/dd/yyyy; drives CSPA age-out calculation
3Country of BirthBirthplace country
4RelationshipSpouse, Son, Daughter, Stepson, Stepdaughter
5Applying for adjustment of status?Yes if dependent is in U.S. on F-2, H-4, L-2
6Applying for visa abroad?Yes if dependent is outside U.S. (consular path)
Who to Include in Part 7
  • Spouse (current, legally married)
  • Every unmarried child under 21
  • Unmarried children over 21 only if CSPA may freeze their age
  • Adopted children with USCIS-recognized adoption (before age 16)
  • Stepchildren if marriage occurred before stepchild turned 18

Part 7 itself does not secure status for dependents. Each dependent must later file their own I-485 or consular DS-260 once the priority date is current. Listing them here preserves derivative eligibility.

9

Part 8: Petitioner Signature (and Parts 9, 10 if Applicable)

Part 8 is the petitioner’s signature block. Parts 9 and 10 apply only if an interpreter or preparer was used. The company officer or attorney-in-fact signs Part 8.

Parts 8, 9, 10: Signature Block Reference
PartItemFieldWho Completes
Part 81.a / 1.bSignatory Family / Given NameCorporate officer or self-petitioner
Part 82TitleCEO, CFO, HR Director, General Counsel
Part 83 / 4 / 5Daytime / Mobile Phone / EmailSignatory’s contact details
Part 86.a / 6.bSignature / DateInk signature; no stamps or typed names
Part 91.a / 1.b / 2Interpreter Name / BusinessOnly if petition was translated
Part 93 / 4 / 5Phone / EmailInterpreter contact
Part 96.a / 6.bInterpreter Signature / DateCertifies language fluency
Part 101 / 2Preparer Name / BusinessAttorney, paralegal, form preparer
Part 103 / 4 / 5Phone / EmailPreparer contact
Part 106Preparer Signature / DateAnyone other than petitioner who prepared form
Warning

Corporate petitioners must have an officer or employee with authority to bind the company sign Part 8. A recruiter, HR assistant, or office admin does not qualify. USCIS accepts photocopied, faxed, or scanned reproductions of an original ink signature, but a stamped or typewritten name is rejected at intake.

10

Part 11: Additional Information and Final Assembly

Part 11 is the overflow page. Any Yes answer in earlier Parts that needs explanation goes here, each keyed to the original Page, Part, and Item Number. Make copies of the page if seven entries are not enough.

Part 11: Overflow Page Fields
ItemFieldWhat to Enter
1Family / Given / Middle NamePetitioner’s name (same as Part 1 or 8)
2IRS EINEIN at top of every Part 11 sheet
3-7Page / Part / Item Number + ExplanationReference the prior field being expanded; then the explanation
Pre-Submission Final Check
  • Classification box, Part 2 Item 1, and PERM SOC all point to the same EB category
  • All signatures handwritten in ink; no stamps
  • EIN identical across Part 1 Item 4, Part 5, and tax return evidence
  • I-94 number in Part 3 Item 11.a pulled fresh from i94.cbp.dhs.gov
  • Wages in Part 6 Item 8 meet or exceed PERM prevailing wage
  • All blank fields marked “N/A” or “None”; nothing truly empty
  • Edition date 06/07/24 visible in the lower-left footer of every page

Fees, Payment, and Filing Choice

The I-140 fee structure changed on April 1, 2024 and the premium processing fee changed on March 1, 2026. The numbers below reflect the current 2026 rates. Every petitioner pays the $715 base fee. Most also pay an Asylum Program Fee, with the amount depending on employer size. Premium processing is optional.

2026 I-140 Filing Fees
I-140 Base Filing Fee$715
Asylum Program Fee: standard employer (26+ FTEs)$600
Asylum Program Fee: small employer (≤25 FTEs) or self-petitioner$300
Asylum Program Fee: nonprofit / governmental research$0
Premium Processing (Form I-907)+$2,965
Total: Standard Employer without Premium$1,315
Total: Self-Petitioner without Premium$1,015
Total: Nonprofit without Premium$715
Total: Standard Employer with Premium$4,280

USCIS strongly prefers separate checks for each fee line: one check for the $715 I-140, a second for the Asylum Program Fee, and a third for the $2,965 premium processing if you are filing I-907 concurrently. Lumped single checks are sometimes rejected if one component is calculated wrong. Make checks payable to “U.S. Department of Homeland Security” spelled out in full, not “USDHS” or “DHS.”

Three payment methods are acceptable. Personal or cashier’s checks drawn on a U.S. bank. Form G-1450 for credit card authorization, one form per fee line. Form G-1650 for ACH debit authorization. For details on the premium processing fee alone, see our premium processing I-140 worth-it analysis.

Form I-907
Request for Premium Processing Service

Online Filing vs Paper Filing

USCIS offers online I-140 filing, but only for standalone petitions. The moment you add Form I-485, Form I-907, or any other concurrent form, the online portal locks you out and the whole bundle must go in on paper. For EB-2 India and EB-3 India cases where concurrent filing is the whole point of the strategy, paper is the only option.

Online Filing vs Paper Filing
CriteriaOnlinePaper
Standalone I-140YesYes
I-140 + I-485 concurrentNoYes
I-140 + I-907 premiumNoYes
Attorney G-28 supportYesYes
Receipt timeInstant3-5 weeks
Fee methodCredit card in portalCheck, G-1450, G-1650
Evidence upload limit35 MB totalUnlimited paper

Filing addresses depend on four variables: standalone vs concurrent, USPS vs courier delivery, whether I-907 is included, and the beneficiary’s work state. USCIS rotates lockbox assignments among Dallas, Chicago, Elgin, and Phoenix. Always pull the current address from the USCIS direct filing addresses page within 24 hours of mailing.

Representative Standalone I-140 Address (Dallas Lockbox)
USPS:
USCIS
Attn: I-140
P.O. Box 660867
Dallas, TX 75266-0867
FedEx / UPS / DHL:
USCIS
Attn: I-140 (Box 660867)
2501 S State Hwy 121 Business
Suite 400
Lewisville, TX 75067-8003

Common Part-by-Part Mistakes

These pitfalls account for the majority of I-140 Requests for Evidence and Notices of Intent to Deny. Every one of them is a self-inflicted wound that can be prevented at data-entry time.

1
Classification mismatch across pages

The Classification box on page 1, the Part 2 Item 1 checkbox, and the PERM SOC code must all describe the same EB category. Checking 203(b)(2) at the top, then Item 1.d in Part 2, but filing PERM evidence for an EB-3 Professional position will generate an immediate RFE for “inconsistent classification.”

2
NIW with PERM attached

National Interest Waiver petitions by definition waive the job-offer and PERM requirements. If you check Item 1.h in Part 2 and then submit a certified ETA-9089, the officer will assume you meant Item 1.d and issue an RFE asking which you intended. Choose one and remove the other.

3
Wrong I-94 number in Part 3

Applicants copy the I-94 from the original H-1B approval notice instead of the most recent CBP entry record. Every re-entry issues a new I-94 number. Pull from i94.cbp.dhs.gov within 48 hours of signing the petition to ensure you have the current record.

4
Part 5 ability-to-pay undershoots wage

If Net Annual Income in Part 5 Item 6 is lower than the PERM prevailing wage in Part 6 Item 8, USCIS will issue an RFE unless you submit audited financials showing net assets cover the shortfall, W-2s showing the beneficiary is already being paid the wage, or a Matter of Sonegawa totality-of-circumstances narrative addressing the loss year. Verify the math before signing.

5
Missing dependents in Part 7

Every qualifying spouse and child under 21 should appear in Part 7, even if they are not in the United States yet. Omitting a child born abroad means that child will not receive derivative visa numbers when the priority date becomes current, and adding them later requires either an I-130 (for adult children) or a time-consuming beneficiary name update.

6
Signature defect in Part 8

A printed name in the signature block, a photocopy of a photocopy, or a signature by someone without authority to bind the corporation (a recruiter, an admin) will cause USCIS to reject the petition at intake. Corporate officers or attorneys with G-28 authority are the only acceptable signatories for company filings.

What Happens After You Mail the Petition

USCIS assigns a receipt number starting with EAC (Vermont Service Center, historical only), LIN (NSC), SRC (TSC), WAC (California, historical), or IOE (online). The I-797C receipt notice arrives in 3 to 5 weeks by paper mail; online filers see the receipt instantly in their account. Track the case at egov.uscis.gov.

Standard processing runs 4 to 14 months depending on EB category and service center as of April 2026. Premium processing decides within 15 business days for EB-1A, EB-1B, EB-2 non-NIW, and EB-3, or 45 business days for EB-1C and EB-2 NIW. If USCIS issues an RFE, NOID, or NOIR, the premium clock stops until you respond. Approval, denial, or RFE, USCIS must act within the premium window or refund the fee.

Once approved, the I-140 unlocks several benefits immediately: AC21 Section 106(a) one-year H-1B extensions past the six-year cap once 365 days have passed since PERM filing, AC21 Section 104(c) three-year H-1B extensions for beneficiaries with an approved I-140 who cannot file I-485 due to per-country visa backlogs, H-4 EAD eligibility for the spouse, and priority date portability across employer changes. If an employer withdraws the I-140 after it has been approved 180 or more days, the beneficiary keeps the priority date and retains §104(c) and §106(c) eligibility; see I-140 withdrawal protections.

The next step is I-485 Adjustment of Status or DS-260 consular processing once the priority date is current. For EB-2 India, the April 2026 final action date sits at July 15, 2013; for most EB-3 cases, different cutoffs apply. Track the current month at travel.state.gov. Self-petitioners in EB-1A and NIW should review the self-petition filing guide for what comes after approval.

Important Caution Before You File

USCIS fees, filing addresses, form editions, processing times, and visa bulletin dates change without long notice. The numbers and addresses in this guide reflect the state of the record on April 18, 2026, but the system is designed to move faster than any static article. Confirm every number against the official source the same week you mail your petition.

Important Caution

This guide is educational content and is not legal advice. Form I-140 decisions carry long-term immigration consequences, and wrong answers can cause denial, status loss, or loss of a priority date that took years to earn. Before filing, verify the current form edition at uscis.gov/i-140, the current fees at uscis.gov/g-1055, and the filing address for your exact filing combination at the USCIS direct filing addresses page. Complex cases, including any involving prior denials, prior removal proceedings, EB-1C small-company petitions, or NIW petitions with limited evidence, should be reviewed by a licensed immigration attorney before filing. Ability-to-pay cases with loss-year tax returns, mergers, or shared-payroll affiliates benefit from counsel review even when the eligibility path looks straightforward.

Verify These Before You Mail the Petition
  • Form edition date on every page matches the current USCIS version
  • Filing fees pulled fresh from uscis.gov/g-1055 within 7 days of mailing
  • Filing address pulled fresh from the USCIS direct filing addresses page within 24 hours
  • Visa bulletin final action date for the beneficiary’s country and category confirmed for concurrent I-485 eligibility
  • Attorney G-28 on file before signing Part 8 if counsel is representing
  • Copy of the complete signed petition retained for the petitioner’s records

Frequently Asked Questions

Which edition of Form I-140 does USCIS accept in 2026?
USCIS accepts only Form I-140 edition 06/07/24, which expires February 28, 2027. Older editions are rejected at intake. The edition date prints in the bottom-left footer of every page, so check the version you downloaded before completing any fields.
How much does it cost to file Form I-140 in 2026?
The base filing fee is $715. Standard employers (26 or more FTEs) add a $600 Asylum Program Fee for a $1,315 total. Small employers and self-petitioners pay $1,015. Nonprofits and governmental research organizations pay only the $715 base. Premium processing on Form I-907 adds $2,965.
What is the difference between Part 2 Item 1.d and Item 1.h on Form I-140?
Item 1.d is the standard EB-2 classification with a certified PERM labor certification attached. Item 1.h is the EB-2 National Interest Waiver, where the beneficiary self-petitions and asks USCIS to waive the job offer and PERM requirement. Checking both, or attaching PERM to a 1.h filing, triggers an immediate RFE.
Can I file Form I-140 online with the USCIS portal?
Yes, but only for standalone I-140 petitions. The online portal does not accept concurrent filings with Form I-485, Form I-907, or Form I-131. Concurrent filings must go on paper to a USCIS lockbox. Standalone online filings receive an instant IOE receipt number.
Which I-94 number do I enter in Part 3 for an H-1B beneficiary who travels often?
Enter the most recent I-94 number from i94.cbp.dhs.gov, not the number from the original H-1B I-797 approval notice. Customs and Border Protection issues a new I-94 on every re-entry, and the USCIS officer adjudicating the I-140 will pull the current CBP record, so a stale number looks like a status-maintenance problem.
What evidence proves ability-to-pay in Part 5 for Form I-140?
USCIS accepts four main forms. Federal tax returns showing net income at or above the PERM prevailing wage. Audited financial statements showing net assets above the wage. W-2s or payroll records proving the employer is already paying the beneficiary that wage. A Matter of Sonegawa narrative for employers with 100 or more workers where the totality of circumstances establishes ability-to-pay.
Who can sign Form I-140 Part 8 for a corporate petitioner?
Only an officer or employee with knowledge of the facts and authority to bind the company. Typical signatories are the CEO, CFO, HR Director, or General Counsel. A recruiter, admin, or HR assistant cannot sign. A stamped or typewritten name in place of a signature is rejected at intake. Photocopies and scans of an original ink signature are accepted.
What happens if I miss the PERM expiration deadline for I-140 filing?
The PERM Labor Certification expires 180 days after DOL certification. If Form I-140 is not filed by that date, the PERM becomes void and cannot be reused. The employer must restart the PERM process with a new ETA-9089, including a fresh prevailing wage determination and recruitment cycle. The original priority date is lost for EB-2 and EB-3 purposes.
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