As of June 7, 2024, the U.S. Citizenship and Immigration Services (USCIS) has updated Form I-140, Immigrant Petition for Alien Workers, introducing new procedural requirements that can significantly impact foreign nationals, visa holders, and foreign investors applying for permanent residence through employment-based immigration.
To ensure successful processing and avoid costly rejections, petitioners must strictly follow the updated filing instructions, complete all required fields, and provide accurate supporting documentation in line with USCIS and Department of Labor (DOL) regulations.
1. Verify Filing Location and Fee Accuracy
Always consult the USCIS Direct Filing Address tool to select the correct mailing address, particularly if premium processing is requested, as it overrides all other location rules. Use the official Fee Schedule Tool to ensure you submit the correct filing and Asylum Program fees. Submitting the wrong amount may result in rejection.
2. Critical Fields That Cannot Be Left Blank
USCIS will reject petitions that omit key details, including:
- Part 1: Organization or petitioner name, mailing address, and IRS EIN or SSN
- Part 3: Beneficiary’s date of birth
- Part 8: Signature of the petitioner or authorized signatory
Petitioners must also select either “Yes” or “No” in Part 1, Questions 5 and 6. These responses affect your eligibility for the reduced Asylum Program Fee.
3. Form Accuracy and Edition Requirements
- Use the latest USCIS-approved edition of Form I-140 (dated 06/07/2024).
- Ensure all 8 pages of the form are included.
- Match all attorney and representative information exactly across Forms G-28, I-140, and I-907 (if used).
4. Proper Document Assembly for Concurrent Filings
When filing Form I-140 and Form I-485 concurrently, USCIS requests that applicants submit the forms and their supporting documentation separately. Do not bundle supporting evidence across both forms.
Recommended Order for I-140 Packet:
- Check or Form G-1450 (for credit card payments)
- Form G-1145 (optional)
- Form G-28 (if applicable)
- Completed Form I-140
- Supporting documentation
5. Fee Payment and Signature Requirements
- Use separate checks or Form G-1450s for each filing fee.
- All forms must be signed with original or scanned “wet” signatures.
- Avoid combining payments. Debit card use is discouraged due to transaction limits.
6. Labor Certification & Additional Evidence
For EB-2 or EB-3 cases requiring a certified ETA-9089, include the Final Determination pages signed by the petitioner, the beneficiary, and the attorney. No other pages of ETA-9089 or ETA-9141 are required unless requested by USCIS.
7. Prepare for Potential Policy Shifts
Given the shifting political climate, USCIS may reinstate strict review practices such as the Trump-era “no blanks” policy. It is advised to complete every form field, even those seemingly non-applicable, to reduce risk of rejection.
For personalized legal guidance when preparing your Form I-140 petition, contact Ahluwalia Law Offices to ensure your application meets all current USCIS and DOL standards.
