Form I-140 Instructions for EB-1A Application

Form I-140 Instructions for EB-1A

Let us help you start your application today!

Last updated: April 8, 2024.

What is Form I-140?

Form I-140, Immigrant Petition for Alien Worker, is an immigration form  filed by a U.S. employer on behalf of a foreign national who is seeking to become a permanent resident based on employment. 

The I-140 petition is part of the employment-based immigration process and is used to establish that the foreign worker is eligible for immigrant status in the U.S.

Who is eligible to file Form I-140 in EB-1A category?

To qualify for EB-1A status, an applicant must:

  • Meet at least 3 out of the 10 criteria listed below, or 
  • Provide evidence of a one-time achievement of a major, internationally recognized award (an Oscar, an Olympic Medal, a Pulitzer, etc.)
  • Submit evidence showing that the applicant will continue to work in the field of experience, and 
  • That the applicant’s entry into the U.S. will substantially benefit prospectively the U.S.

EB-1A 10 criteria (you must meet at least 3 out of 10 criteria):

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  2. Evidence of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievement of their members as judged by recognized national or international experts in their disciplines or fields
  3. Evidence of published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation
  4. Evidence of the alien’s participation as a judge of the work of others, either individually or on a panel, in the same or an allied field of specialization for which classification is sought
  5. Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  6. Evidence of authorship of scholarly articles in professional or major trade publications or other major media
  7. Evidence that work has been displayed at artistic exhibitions or showcases
  8. Evidence of performance of a leading or critical role in distinguished organizations or establishments
  9. Evidence of a high salary or other significantly high remuneration in relation to others in the field
  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or sales of music:

Note: If the standards do not readily apply to your occupation, you may submit comparable evidence to establish your eligibility for EB-1A classification.

Do I need a US employer to file Form I-140 in EB-1A category?

No, for the EB-1A category, you do not need a U.S. employer to file Form I-140. 

The EB-1A category is designed for individuals with extraordinary ability in their field of expertise, and it allows for self-petitioning. 

This means that if you can demonstrate sustained national or international acclaim and recognition for your achievements you can file Form I-140 on your own behalf without the need for a job offer from a U.S. employer.

EB-1A Form I-140 filing fee

Form I-140 filing fees are provided below:

I-140 Filing Category Paper Filing Fee
General Filing $715 plus additional fees,

if applicable

Premium Processing Fee (optional):

  • If a premium processing fee (Form I-907) is paid, USCIS will review Form I-140 application in 15 calendar days 
$2,805

EB-1A Form I-140 checklist of required documents

Here is a general checklist of required documents for an EB-1A Form I-140 petition (submit photocopies only):

Evidence

Examples of acceptable documents

Completed immigration forms
  • Form G-1145
  • Signed and dated Form I-140
  • Form I-907 (only if requesting premium processing)
  • Signed and dated Forms I-485, I-765 and I-131 (if physically present in the US and filing concurrently with Form I-140)
Payment of filing fees
  • $715 fee for Form I-140
  • $2,805 fee for Form I-907 (optional, only if requesting premium processing)
  • Check the current Form I-140 filing fee and Form I-907 filing fee
Previous U.S. immigration documents (only if applicable)
  • Most recent Form I-94
  • All DS-2019 and I-20 forms (if applicable)
  • EAD cards (front and back)
  • Last USCIS I-797 approval notice (if applicable)
ID documents
  • Complete copy of passport, including biographical page and any previously issued U.S. visas
  • Birth certificate 
Educational credentials
  • All diplomas, transcripts, certifications of training, etc.
Professional licenses
  • Practice licenses (if applicable)
Documentation of extraordinary ability
  • Resume or CV; 
  • 6-10 letters of recommendation; and
  • Evidence of receipt of a major, internationally recognized award in the particular field (for example, Nobel, Pulitzer, Oscar, Olympic Medal; etc.); or

Documentation showing at least three of the following criteria:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor, for example:
    • Award certificates;
    • Articles or announcements about the awards;
    • References to the award in letters of recommendations;
    • Documentation of venture capital funding and/or grants (evidence of the funding or grant awarded, including the amount of the funding or grant and the criteria used in awarding the funding or grant);
    • Evidence of other investments received, such as those from an accredited angel investor;
  • Evidence of membership in associations in the field of endeavor that require outstanding achievements of their members, for example:
    • Certificates and/or letters proving your membership;
    • Information about membership requirements for the organization;
    • Information about the organization, including goals, mission, size, target membership, and standing within the national and international community;
  • Evidence of published material about you and your work in professional journals, major trade publications, or major media, for example:
    • Articles or photographs of you and/or your work in major publications, such as newspapers or journals, or television productions;
  • Evidence of participation, either in a group or alone, as a judge of others in the same or a similar field, for example:
    • Correspondence requesting your work in a peer review capacity or as a judge of the work of others and showing that you have performed the judging or peer review activity;
    • Evidence that you have served on the editorial board of a professional journal, trade publication, etc.;
    • Evidence that you have served on conference committees;
    • For physicians, if you have evaluated the work of residents or medical students, include such evaluations;
    • Reference letters that support the claim;
    • Documents about the event or panel and the significance of the work judged;
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field of endeavor, for example:
    • Letters from colleagues citing the achievement, etc.;
    • Include the following, where applicable:
      • Articles, abstracts, etc., that you have written;
      • If you have given any conference or other presentations, include the conference itinerary showing your appearance;
      • Copies of patents or patent applications (showing you as author or co-author);
      • Support letters from peers, colleagues, advisors, investors, etc. explaining why your original contributions are novel and groundbreaking, and how they have influenced or benefitted those in the field;
      • Evidence of the significance of your contribution to the field;
      • Evidence demonstrating that experts in the field of endeavor consider your work important;
      • Support letters from experts such as CEOs of distinguished organizations, etc., which describe in detail your achievements and their major significance;
      • Evidence that your contributions have provoked widespread public commentary and/or have been widely cited or used by others in the field;
      • Evidence of visitor traffic to your website, including the number of individuals who purchased or downloaded your products or applications;
      • Evidence that your work is being implemented by others, such as contracts with companies using your products;
  • Evidence of authorship of scholarly articles in the field published in professional journals, major trade media, or other major media, such as:
    • Copies of articles, abstracts, etc.;
    • Citation listings, such as Google Scholar;
    • Other articles or documentary evidence that shows the significance and importance of the article to your field; 
    • Course Syllabi or other documentation that the publication is used an educational material or required reading for university courses;
  • Evidence that your work has been displayed at artistic exhibitions or showcases, such as:
    • Promotional material about the exhibitions or showcases;
    • Articles or other material about the exhibition or showcase;
    • Letters from the organization hosting the exhibition or showcase;
  • Evidence that you have been employed in a leading or critical role for organizations and establishments that have a distinguished reputation, such as:
    • Reference letters or endorsements;
    • Articles and information about the reputation of the organizations;
  • Evidence that you have commanded or now command a high salary or other significantly high remuneration in relation to others in the field, such as:
    • Department of Labor salary information showing the standard wages in the field;
    • Compensation surveys or expert letters;
    • Contracts, paystubs, W-2s;
    • Evidence of shares in your company and the value of the shares (if applicable);
    • Profits from the sale of a business you have started;
    • Evidence of other remuneration;
    • Letters from employers, or other reliable evidence;
    • Compensation surveys or expert letters;
  • Evidence of your commercial success in the performing arts, such as:
    • Evidence of ticket sales and attendance;
    • Comparable evidence of the commercial success of the event(s) or sales;
  • Other comparable evidence:
    • Any other evidence that your work is special or extraordinary. 
Proof that applicant will continue working in the same field after permanent residence is granted
  • Employment contract;
  • Letter of employment;
  • Offer of employment;
  • Last 3 pay stubs from employer;
  • If you are or will be self-employed, evidence of current and/or potential clients or customers;
  • Letters from potential employer(s);
  • Brochures or other promotional materials about your company or employer’s company, its products, or services.
  • Prospectus or annual report;
  • Business plan;
  • Newspaper or magazine articles about the company or its products or services.
Dependents documents
  • Marriage certificate if your spouse will be filing Forms I-485 with you;
  • Birth certificates of your family members if they will be filing Forms I-485 with you;
  • Passports, US visas, I-94 records of your family members if they will be filing Forms I-485 with you. See the full checklist of documents required for Adjustment of Status applicants.

How to fill out Form I-140 for EB-1A application

NOTE: The Form I-140 instructions provided below apply for EB-1A category only.

If you are filing Form I-140 under any other category (EB-1B, EB-1C, EB-2, EB-2 NIW, EB-3), do not follow these instructions.

Let’s start with general Form I-140 instructions for EB-1A:

  • Current edition of forms: make sure that you are using the current edition of the Form I-140. The most current edition is available on the USCIS website.
  • USCIS will reject any outdated editions of the form
  • Sign and date the form
  • If you need extra space to complete any item on Form I-140, go to the last page of the form – Part 11 Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers.
  • Answer all questions fully and accurately
  • If an item is not applicable or the answer is “none,” type or print “N/A” 
  • You must sign the form in ink. Stamped or typed signatures are not accepted

For USCIS Use Only: leave this section blank.

To be completed by an attorney or Board of Immigration Appeals (BIA)-accredited representative: leave it blank if you are not being represented by an attorney or representative.

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

Questions 1.a. – 1.c. – Legal Name of Individual Petitioner: Since Form I-140 petition is being filed as a self-petition, enter your full legal name here as shown on your birth certificate, passport or legal change of name document. 

Question 2 – Company or Organization Name: enter “N/A” here. 

Questions 3.a. – 3.i – Mailing Address: Enter your U.S. mailing address. All USCIS notices and the original documents (approval notices, green card, EAD, Advance Parole document, if applicable) will be mailed to that address.

Other Information

Question 4 – IRS Employer Identification Number (EIN): enter “N/A” here. 

Question 5 – U.S. Social Security Number (SSN) (if any): if you have a U.S. SSN (Social Security Number), enter it here. If you have never been issued an SSN, enter “N/A” here. 

Question 6 – USCIS Online Account Number (if any): If you have ever created an USCIS Online Account Number, enter it here.

If you have previously filed certain applications or petitions on a paper form, you may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. 

The USCIS Online Account Number (if any) can be found at the top of the notices for the previously filed petition or application. 

The USCIS Online Account Number is NOT the same as an A-Number.

If you don’t know or don’t have an USCIS online account number, leave this field blank.

Part 2. Petition Type

This petition is being filed for (select only one box):

You must select only one category. USCIS will reject the I-140 petition if you leave Part 2 blank or if you select more than one category. If you want to apply under multiple categories, then you must file a separate Form I-140 for each requested classification.

Box 1.a. – An alien of extraordinary ability – Select this box if you are filing as an EB-1A foreign national with extraordinary ability.

Box 1.b: leave this box blank.

Box 1.c: leave this box blank.

Box 1.d: leave this box blank.

Box 1.e: leave this box blank.

Box 1.f: leave this box blank.

Box 1.g: leave this box blank.

Box 1.h: leave this box blank.

This petition is being filed (select only one box):

Box 2.a – To amend a previously filed petition: check this box only if you are filing the I-140 form to amend a previously filed petition. If you checked Box 2.a, enter the Receipt Number for the previously filed Form I-140.

If this question does not apply to you, leave it blank.

Box 2.b – For the Schedule A, Group I or II designation – this question does not apply to EB-1A applicants, leave it blank.

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

Questions 1.a. – 1.c. Family Name, Given Name, Middle Name – enter your full legal name here as shown on your birth certificate, passport or legal change of name document. 

Questions 2.a. -2.i. – Mailing Address: Enter your U.S. mailing address. All USCIS notices and the original documents (approval notices, green card, EAD, Advance Parole document, if applicable) will be mailed to that address.

Other Information

Question 3 – Date of Birth: enter your date of birth in the (mm/dd/yyyy) format. 

Question 4 – City/Town/Village of Birth: enter your place of birth as indicated on your birth certificate.

Question 5 – State or Province of Birth: enter the state or province of your birth as indicated on your birth certificate. If there was no state or province, enter “N/A.”

Question 6 – Country of Birth: enter your country of birth.

Question 7 – Country of Citizenship or Nationality: enter the country of your current citizenship or nationality. If you hold more than one country of citizenship/nationality, enter them all.

Question 8 – Alien Registration Number (A-Number) (if any): Enter your Alien Registration Number (also known as an “A-Number” or “A#”) here, if you have one. Most applicants do not have an A-Number. 

A-Numbers are usually assigned when an immigrant petition or application for Adjustment of Status is filed, or if the person has previously been issued an immigrant visa. 

An A-Number is also assigned to individuals placed in removal or deportation proceedings.

Some applicants may have an Employment Authorization Document (EAD) that lists an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number and need not be listed here

Question 9 – U.S. Social Security Number (SSN) (if any): Enter your SSN issued to you by the U.S. Social Security Administration (if any). If you have ever been issued a Social Security Number that has a note stating “Valid for work only with DHS authorization”, you still must list it here. If you were never issued a SSN, enter “None”.

Information About His or Her Last Arrival in the United States

If you are located outside the U.S., you can skip Questions 10 through 15 and go to Part 4. Processing Information.

If you are currently in the U.S., you must complete Questions 10 through 15.

Question 10 – Date of Last Arrival (mm/dd/yyyy): Enter the date on which you last entered the United States in the mm/dd/yyyy format. The date of your last arrival will be listed on the I-94. If your passport was stamped by CBP, you can find the date of entry on the stamp.

Question 11.a – Form I-94 Arrival-Departure Record Number: Enter the I-94 number that is listed on your I-94 record.

If your Form I-94 cannot be obtained from the CBP website, you may file Form I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Record with USCIS.

Question 11.b – Expiration Date of Authorized Stay Shown on Form I-94:  Enter the expiration date listed on the I-94 form that was issued to you at the time of your most recent entry into the U.S. If your most recent entry into the U.S. was on an F-1/F-2, M-1/M-2, or J-1/J-2 visa, the expiration date on I-94 form will normally be “D/S,” which stands for “Duration of Status.” Where your I-94 lists “D/S” as the expiration date, enter “D/S” here.

Question 11.c – Status on Form I-94 (for example, class of admission, or paroled, if paroled): Enter the class of admission as listed on your I-94 record at the time of your last arrival (i.e., F-1, H-1B, O-1, etc.)

Question 12 – Passport Number: Enter your passport number that was used at the time of your last entry into the U.S.

Question 13 – Travel Document Number: if you used a travel document (for example, Refugee Travel Document, Advance Parole document, etc.) at the time of your last entry into the U.S., enter the travel document’s number here. Most applicants do not have travel documents.  If no travel document was used, enter “N/A.”

Question 14 – Country of Issuance for Passport or Travel Document: Enter the country that issued the passport or travel document you used when traveling to the U.S. most recently.

Question 15 – Expiration Date for Passport or Travel Document (mm/dd/yyyy): Enter the expiration date of the passport or travel document you used when traveling to the U.S. most recently.

Part 4. Processing Information

Box 1.a. Alien will apply for a visa abroad at a U.S. Embassy or U.S. Consulate at – check this box if you are located outside the U.S. and will be applying for an immigrant visa abroad.

Box 1.b. City or Town – enter the city/town of the location of the U.S. embassy or Consulate where you would like to apply for an immigrant visa. As a general rule, you must be a citizen, national, or permanent resident of the country where the U.S. Embassy or Consulate is located. Also, in foreign countries with multiple U.S. consular posts, only some of them may issue immigrant visas. Check the list of U.S. Embassies and Consulates.

Box 1.c. Country – enter the country of the location of the U.S. embassy or Consulate where you would like to apply for an immigrant visa. 

Box 2.a. Alien is in the United States and will apply for adjustment of status to that of lawful permanent resident – check this box if you are physically present in the U.S., eligible for Adjustment of Status and will be applying for a green card in the U.S.

Question 2.b. – Alien’s current country of residence or, if now in the United States, last country of permanent residence abroad – if you are abroad, enter the country where you reside. If you are currently in the U.S., enter the country where you last resided prior to entering the U.S.

If you provided a United States address in Part 3., provide the person’s foreign address in Item Numbers 3.a.-3.f.:

Questions 3.a. – 3.f.  –Foreign Address: enter your foreign address here.

If the person’s native alphabet is other than Roman letters, type or print the person’s foreign name and address in the native alphabet in Item Numbers 4.a.-4.c.:

Questions 4.a. – 4.c.  – If your native alphabet is other than Roman letters (those used in the English alphabet), type or print your full name in the native alphabet.

Mailing Address

Questions 5.a.-5.g. – If your native alphabet is other than Roman letters (those used in the English alphabet), type or print your foreign mailing address in the native alphabet.

Question 6.a – Are you filing any other petitions or applications with this Form 1-140?: Check “Yes” if you are filing Form I-485 concurrently with the I-140 petition. If you are filing only Form I-140 at this time, answer “No”. Concurrent filing of Forms I-140 and I-485 will be discussed later in this post.

Question 6.b. – If you answered “Yes” to Item Number 6.a., select all applicable boxes – if you are filing Form I-485 concurrently with Form I-140, choose which forms you will be filing:

  • Form I-485 Application for Adjustment of Status –  check this box if you are concurrently filing Form I-485;
  • Form I-131 Application for Travel Authorization – check this box if you are concurrently filing Form I-131 (Advance Parole document application);
  • Form I-765 Application for Employment Authorization – check this box if you are concurrently filing Form I-765 (Employment Authorization Document application);
  • Other – check this box if you will be filing concurrently any other applications with Form I-140 (for example, Form I-824 Application for Action on an Approved petition). If you chose this box, provide an explanation in Part 11. Additional Information.

Question 7 – Is the person for whom you are filing in removal proceedings?: answer “No” if you are not currently in removal (deportation) proceedings (including administratively closed). Answer “Yes” if you are currently in removal proceedings. If you answered “Yes,” provide an explanation in Part 11. Additional Information.

Question 8 – Has any immigrant visa petition ever been filed by or on behalf of this person?: Answer “Yes” if you or any other person has ever filed an immigrant petition (for example, Forms I-140, I-130, I-360, etc.) on your behalf. Answer “No” if you or anyone else has never filed any immigrant petitions on your behalf in the past. If you answered “Yes,” provide an explanation in Part 11. Additional Information and include the following details of the previously filed immigration petitions:

  • Receipt number;
  • USCIS office where the petition was filed, pending, or approved;
  • Date of any decisions; and 
  • Disposition of any decision (denial, approval, etc.)

Question 9 – Are you filing this petition without an original labor certification because the original labor certification was previously submitted in support of another Form 1-140? – Answer “No” to this  question.

Question 10 – If you are filing this petition without an original labor certification, are you requesting that U.S. Citizenship and Immigration Services (USCIS) request a duplicate labor certification from the Department of Labor (DOL)? – Answer “No” to this  question.

Part 5. Additional Information About the Petitioner

Type of Petitioner (select only one box):

Box 1.a – Employer: leave this box blank.

Box 1.b – Self: check this box.

Box 1.c – Other (For example, Lawful Permanent Resident (LPR), U.S. citizen or any other person filing on behalf of the alien): leave this box blank.

If a company or an organization is filing this petition, provide the following information:

Question 2 – Type of Business: enter “N/A” here.

Question 3 – Date Established: enter “N/A” here.

Question 4 – Current Number of U.S. Employees: enter “N/A” here.

Question 5 – Gross Annual Income: enter “N/A” here.

Question 6 – Net Annual Income: enter “N/A” here.

Question 7 – NAICS Code: enter “N/A” here.

Question 8 – Labor Certification DOL Case Number: enter “N/A” here.

Question 9 – Labor Certification DOL Filing Date: enter “N/A” here.

Question 10 – Labor Certification Expiration Date: enter “N/A” here.

If an individual is filing this petition, provide the following information.

Question 11 – Occupation – enter your occupation here.

Question 12 – Annual Income – enter your annual income in $____/per year format.

Part 6. Basic Information About the Proposed Employment – For EB-1A applications, a job offer is not required. However, the applicant must show how he/she will be employed in the U.S. in the area of expertise.  Therefore, some of the questions must be completed: 

Question 1 – Job Title: enter the job title. This job title should be for a position that is for employment in your area of expertise.

Question 2 – SOC Code: Enter the SOC System code for the offered position that you have listed in Question 1. The SOC codes are available from the DOL, Bureau of Labor Statistics at bls.gov/soc. Type or print the SOC code from left to right, entering one digit in each of the 6 boxes. If you use a code which is less than 6 digits, type or print the code left to right and then add zeros in the remaining boxes. 

Question 3 – Nontechnical Job Description: Enter a nontechnical job description for the offered position. 

Question 4 – Is this a full-time position? – Skip this question.

Question 5 – If the answer to Item Number 4. is “No,” how many hours per week for the position? – Skip this question.

Question 6 – Is this a permanent position? – Skip this question.

Question 7 – Is this a new position? – Skip this question.

Question 8 – Wages (specify hour, week, month, or year) – Skip this question.

Questions 9.a. – 9.d. – Worksite Location – Skip these questions.

Part 7. Information About the Spouse and All Children of the Person for Whom You Are Filing

In this section, enter the information about your spouse and all children (if applicable). If you are not married and/or do not have children, enter N/A in all fields.

If you need additional space to provide information about additional family members, enter that information in Part 11. Additional Information.

Note: Failure to list a spouse or child might result in your family member’s application being denied. You must provide information about your ALL children.

For each family member answer the following questions:

  • Family Name – enter the last name of your family member as indicated on their birth certificate, passport, legal name change document
  • Given Name – enter the given name(s) of your family member as it appears on their birth certificate, passport, legal name change document
  • Middle Name – enter the middle name (if any) of your family member as it appears on their birth certificate, passport, legal name change document
  • Date of birth – enter your family member’s date of birth in mm/dd/yyyy format
  • Country of birth – enter your family member’s country of birth
  • Relationship – enter “spouse” or “child”
  • Is he or she applying for adjustment of status? – Answer “Yes” if your family member is physically present in the U.S., eligible for Adjustment of Status and will be applying for a green card in the U.S. Answer “No” if your family member will not be filing Form I-485
  • Is he or she applying for a visa abroad? – Answer “Yes” if your family member is located abroad and will be applying for an immigrant visa at the US Embassy or Consulate in their home country.

Part 8. Statement, Contact Information, Declaration, Certification, and Signature of the Petitioner or Authorized Signatory and Signature

Question 1.a. – If you can comfortably read and understand the application in English, then check the box in Question 1.a.

You should carefully review the entire application for accuracy prior to signing.

Question 1.b. – If you are not proficient enough in reading English, then a competent interpreter needs to read through the application with you for accuracy review prior to signing. The interpreter need not be a professional interpreter but should be someone that is able to properly interpret the application. In such a case, the box in Question 1.b should be checked and the language used to interpret the application to the applicant should be entered (for example, Spanish, French, etc.)

Question 2 – The box for Question 2 should be checked if anyone has prepared the application at your request. If a preparer was used to prepare the application, Part 10 must be completed too.

Question 3.a. – Authorized Signatory’s Family Name (Last Name) – enter your last name.

Question 3.b. – Authorized Signatory’s Given Name (First Name ) – enter your first name.

Question 4 – Authorized Signatory’s Title – enter “N/A” here.

Question 5 – Authorized Signatory’s Daytime Telephone Number – enter your cell phone number here.

Question 6 – Authorized Signatory’s Mobile Telephone Number – enter your cell phone number here.

Question 7 –  Authorized Signatory’s Email Address (if any) – enter your email address here.

Question 8 – Petitioner’s or Authorized Signatory’s Signature

Question 8.a. Petitioner’s Signature – Sign the form here. It must be an ink signature. USCIS does not accept stamped or typed signatures.

Question 8.b. – Date of signature (mm/dd/yyyy)enter the date in mm/dd/yyyy format.

Part 9: Interpreter’s Contact Information, Certification, and Signature

If an interpreter was used to read you the application in your native language, then Part 9 must be completed with the information about the interpreter. 

The interpreter must sign and date to certify that they are:

  • Fluent in English and the language the applicant used; 
  • They have completely read the application to the applicant in that language;
  • The applicant confirmed to understand the contents of the application; and 
  • The applicant verified the accuracy of the application.

Part 9 is completed by entering the full legal name of the interpreter, the interpreter’s mailing address, daytime phone number, cell phone number (if any), email address (if any), and the language used to interpret the application to the applicant. The interpreter must then sign and date the application where indicated at Question 7 on Page 7 of the application.

Part 10: Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Authorized Individual

Part 10 is completed by entering the preparer’s full name, organization name (if applicable), mailing address, daytime telephone number, fax number (if any), and email address (if any). 

The box at Question 7.b should be checked if an attorney has prepared the application.

The preparer must sign and date the application where indicated as Question 8 attesting to certifications about the preparation and accuracy of the application.

Part 11. Additional Information

This section can be used if there is not enough space in any other parts of the form to provide all requested information. 

Note: Even if no information is provided in Part 11, this page should still be included with the application when submitted to USCIS. 

If you need additional space, make copies of this page to use to provide all requested information. 

If you are using Part 11 to provide additional information, enter:

  • Applicant’s name 
  • Alien Registration Number (A-Number) (if any)
  • Indicate the Page Number, Part Number, and Item Number to which the answer refers.

Can Forms I-140 and I-485 in EB-1A category be filed concurrently?

You can file Forms I-140 and I-485 concurrently (together at the same time) if the following requirements are met:

  • You are physically present is in the U.S. in lawful status
  • Visa is available under the DOS Visa Bulletin (or the Priority Date on the DOL Visa Bulletin’s Dates for Filing Chart is reached and the USCIS I-485 Filing Chart allows for use of the Dates for Filing Chart) for the petition at the time that the I-140 is being filed, AND 
  • You meet all other requirements for Adjustment of Status under INA §245.

Forms I-485 and I-140 can also be concurrently filed for any eligible derivative beneficiaries who are within the U.S. and meet all eligibility requirements listed above at the time of filing. 

Priority Date: For the EB-1A category, the priority date for the I-140 petition is the date on which Form I-140 petition is filed with USCIS. 

Exception: If you are a beneficiary of a valid approved I-140 petition in the EB-1, EB-2 or EB-3 preference category, the priority date from that approved I-140 petition can be recaptured and applied to future I-140 petitions filed on behalf of the beneficiary in the EB-1, EB-2, or EB-3 preference category. 

Where to send EB-1A Form I-140 application

Filing Address: Make sure that you are submitting the I-140 to the correct address. Sending a petition to the wrong address would result in rejection of the filing. You should always verify the most current filing addresses for Form I-140 petitions on the USCIS website: Direct Filing Addresses for Form I-140.

EB-1A Form I-140 processing times

The processing times for Form I-140, the Immigrant Petition for Alien Worker, can vary based on several factors, including the USCIS service center where the petition is filed, the overall caseload, and whether you have paid the Premium Processing Fee:

  • Regular processing: it can take anywhere from 20 months to 24.5 months to get Form I-140 reviewed by USCIS. Check the latest average case processing times on the USCIS website  (choose Form I-140, then “Extraordinary Ability (E11)” and your service center. The service center is listed in the lower left corner of the USCIS Form I-140 registration notice).
  • Premium Processing: If you decide to use the USCIS Premium Processing services, and you paid the fee of $2,805, USCIS will review your Form I-140 petition in 15 calendar days.

Related Links:

EB-1A (Alien of Extraordinary Ability) – Eligibility, How to Apply & Costs

Form I-140, Immigrant Petition for Alien Workers

What is Concurrent Filing?

Form I-907, Request for Premium Processing Service

Form I-140 Filing Address