Form I-140 News

USCIS presentation for the 8/23/11 teleconference hosted by NSC and TSC on the Form I-140, Immigrant Petition for Alien Worker. There will be an opportunity for live questions at the end of the session.

Correcting a mistake on the Form I-140

NSC would allow for a change of the I-140 classification to correct a clerical error as long as NSC is notified of the requested change to the box selected on the I-140. This has to be done before the case is adjudicated. However, NSC will not allow a change in the classification in response to an RFE but the issue will be considered.

EB3 skilled worker  

Filing location for concurrently-filed I-140/I-485 petitions 

Unless there is an accompanying I-907 all I-140/485 concurrent filings must be filed at the lockbox addresses. Depending on the jurisdiction the filing must be sent directly to TSC or NSC.

Employers who are cap-exempt under INA § 214(g)(5)(A) or (g)(5)(B) filing H-1B petitions 

USCIS confirmed that all I-140 petitions filed concurrently with an I-485 application for adjustment of status are to be filed with the Dallas Lockbox, unless the I-140 is accompanied by a request for premium processing, Form I-907. Concurrently filed applications that include a Form I-907 attached to the I-140 should be filed with the NSC or TSC, depending on the location of the petitioner.

USCIS final RFE template for Form I-140, Immigrant Petition for Alien Worker, seeking E11 classification as an individual of extraordinary ability.

To see the template, check the attachment. 

Table A provides approval and denial data for petitioners of the I-140, Immigrant Petition for Alien Workers - (E-11 Extraordinary Ability, Professors, Researchers, or Executives)

Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010 

This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:

Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);

Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and

Aliens of Exceptional Ability under section 203(b)(2) INA.

Reopening of a denied I-140 case -  Cases when a denied I-140 is reopened, the center (TSC) usually reopens any ancillary applications like I-485, I-131 and I-765 that were denied only because of the denied I-140.  Generally the procedure takes about 60 days for the file to be acquired form National Records Center or AAO and to reopen. If the ancillary cases are not reopened within the 60 day period members can make an inquiry with the NCSC customer service line or –email to Streamline.Tsc@dhs.gov