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-1B category?
To qualify as an outstanding professor or researcher, the applicant must:
- Be internationally recognized as outstanding in a specific academic field;
- Have a minimum of three years of experience in teaching and/or research in that field; and
- Enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education, or in a comparable research position with a private employer under certain circumstances.
The following employers are eligible to sponsor an applicant for EB-1B visa:
- A university or other institution of higher education;
- A private employer offering a permanent research position. The private employer must also:
- Employ as least 3 full-time researchers (other than the applicant); and
- Have achieved documented accomplishments in an academic field.
In EB-1B petitions, the US employer is called “Petitioner” and the foreign professor/researcher being sponsored for permanent residency is called “Beneficiary”.
Do I need a US employer to file Form I-140 in EB-1B category?
Yes, to apply for an EB-1B visa you need to have a permanent job offer from a U.S. employer who is willing to sponsor your immigration petition.
The employer must file Form I-140, Immigrant Petition for Alien Worker, on your behalf. The purpose of the EB-1B category is to facilitate the immigration of individuals who have demonstrated outstanding achievements in their academic or research careers.
If you are an outstanding professor or researcher and have the necessary qualifications, you may work with a U.S. employer who is willing to sponsor your petition. The employer will play a crucial role in the filing process, as they will need to provide supporting documentation to establish your eligibility for the EB-1B category.
Is Labor Certification (PERM) required for filing Form I-140 in EB-1B category?
EB-1B Form I-140 filing fee
Form I-140 filing fees are provided below:
- Basic fee: $700 (this fee must be paid by all applicants)
- Premium Processing Fee: $2,500 (optional). If you want to expedite the processing of the I-140, you may choose to use premium processing by filing Form I-907. If a premium processing fee is paid, USCIS will review Form I-140 application in 15 calendar days
EB-1B Form I-140 checklist of required documents
Here is a general checklist of required documents for an EB-1B Form I-140 petition (submit photocopies only):
Examples of acceptable documents
|Previous U.S. nonimmigrant history||Only if you have ever been in the U.S. (if applicable):|
|Applicant’s educational credentials||
|Applicant’s practice licenses||
|U.S. job offer documentation||
|Proof of international recognition as outstanding professor/researcher and documentation of 3 years of experience in teaching and/or research||
Proof that you meet at least two of the following six criteria:
Evidence of receipt of major prizes or awards for outstanding achievement in the academic field. Examples of acceptable evidence include:
Evidence of membership in associations that require their members to demonstrate outstanding achievement, for example:
Evidence of published material in professional publications about applicant’s work in the academic field. Examples of acceptable evidence include:
Evidence of participation, either on a panel or individually, as a judge of the work of others in the academic field. Examples of acceptable documents include:
Evidence of original scientific or scholarly research contributions in the field, for example:
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field, such as:
Any other evidence demonstrating how the applicant’s work has impacted the field and/or received recognition.
|Dependents’ documentation||Only if family members will be applying for permanent residence at the same time as the applicant:
How to fill out Form I-140 for EB-1B application
NOTE: The Form I-140 instructions provided below apply to EB-1B category only. If you are filing Form I-140 under any other category (EB-1A, 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-1B:
- 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: As a U.S. employer is required to file Form I-140 in the EB-1B category, enter “N/A” in response to Questions 1.a.-1.c.
Question 2 – Company or Organization Name: Enter the company’s/organization’s current legal name according to the FEIN (Federal Employer Identification Number).
Questions 3.a. – 3.i.: Enter the employer’s current U.S. mailing address.
Question 4 – IRS Employer Identification Number (EIN): Enter the employer’s IRS FEIN (Federal Employer Identification Number).
Question 5 – U.S. Social Security Number (SSN) (if any): enter “N/A”.
Question 6 – USCIS Online Account Number (if any): If the employer has ever created an USCIS Online Account Number, enter it here.
If the employer has 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: leave this box blank.
Box 1.b – An outstanding professor or researcher – Select this box if you are filing the petition for an EB-1B Outstanding Professor or Researcher.
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-1B applicants, leave it blank.
Part 3. Information About the Person for Whom You Are Filing
“Beneficiary” is the foreign professor/researcher being sponsored for permanent residency. Part 3 gathers information about the beneficiary
Questions 1.a.-1.c.– Full Name of the Beneficiary: enter the beneficiary’s full legal name as shown on their birth certificate, passport or legal change of name document.
Questions 2.a. – 2.i. –: Enter the beneficiary’s current U.S. mailing address. If the beneficiary is located abroad, a foreign address can be listed here.
Question 3 – Date of Birth: Enter the beneficiary’s date of birth in the mm/dd/yyyy format.
Question 4 – City/Town/Village of Birth: Enter the city of the beneficiary’s birth according to the birth certificate.
Question 5 – State or Province of Birth: Enter the beneficiary’s state or province of birth according to the birth certificate. If not applicable, enter “NA.”
Question 6 – Country of Birth: Provide the beneficiary’s country of birth.
Question 7 – Country of Citizenship or Nationality: enter the beneficiary’s current citizenship or nationality. If the beneficiary holds more than one country of citizenship/nationality, enter them all.
Question 8 – Alien Registration Number (A-Number) (if any): Enter the beneficiary’s Alien Registration Number (also known as an “A-Number” or “A#”) here, if the beneficiary has one. Most beneficiaries 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. SSN (if any): Enter the beneficiary’s SSN issued by the U.S. Social Security Administration (if any). If the beneficiary has 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 the beneficiary was never issued a SSN, enter “None”.
Information About His or Her Last Arrival in the United States
If the beneficiary is located outside the U.S., you can skip Questions 10-15.
If the beneficiary is physically present in the U.S., answer Questions 10-15.
Question 10 – Date of Last Arrival: Enter the date on which the beneficiary last entered the U.S. in the mm/dd/yyyy format. The beneficiary’s date of last arrival will be listed on the I-94. If the beneficiary’s 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 the beneficiary’s I-94 record.
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 the beneficiary at the time of his/her most recent entry into the U.S. If the beneficiary’s 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 be listed as “D/S,” or “Duration of Status.” Where the beneficiary’s I-94 lists “D/S” as the expiration date, enter “D/S” in this field.
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 the beneficiary’s I-94 record at the time of his/her last arrival (i.e., F-1, H-1B, O-1, etc.)
Question 12 – Passport Number: Enter the beneficiary’s passport number that was used at the time of his/her last entry into the U.S.
Question 13 – Travel Document Number: if the beneficiary used a travel document (for example, Refugee Travel Document, Advance Parole document, etc.) at the time of his/her last entry into the U.S., enter the travel document’s number here. Most beneficiaries 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 the beneficiary used when traveling to the U.S. most recently.
Question 15 – Expiration Date for Passport or Travel Document: Enter the expiration date of the passport or travel document the beneficiary 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 the beneficiary is located outside the U.S. and will be applying for an immigrant visa abroad (process known as “Consular Processing“).
Box 1.b. City or Town – enter the city/town of the location of the U.S. embassy or Consulate where the beneficiary would like to apply for an immigrant visa. As a general rule, the beneficiary 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 the beneficiary 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 the beneficiary is 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 the beneficiary is abroad, enter the country of beneficiary’s current residence. If the beneficiary is currently in the U.S., enter the country where the beneficiary last resided prior to entering the U.S.
If the beneficiary’s U.S. address was provided in Part 3., enter the beneficiary’s foreign address in Questions 3.a.-3.f.:
Questions 3.a. – 3.f. – Foreign Address: enter the beneficiary’s foreign address here.
If the beneficiary’s native alphabet is other than Roman letters, type or print the beneficiary’s foreign name and address in the native alphabet in Item Numbers 4.a.-4.c.
Questions 4.a. – 4.c. – If the beneficiary’s native alphabet is other than Roman letters (those used in the English alphabet), type or print the beneficiary’s full name in the native alphabet.
Questions 5.a.-5.g. – If the beneficiary’s native alphabet is other than Roman letters (those used in the English alphabet), type or print the beneficiary’s 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” or “No” to indicate whether the beneficiary is filing concurrent applications with the I-140 petition (for example, Forms I-485, I-765, I-131, etc.)
Question 6.b If you answered “Yes” to Item Number 6.a., select all applicable boxes – if the beneficiary is filing Form I-485 concurrently with Form I-140, choose which forms the beneficiary will be filing:
- Form I-485 Application for Adjustment of Status – check this box if the beneficiary is concurrently filing Form I-485;
- Form I-131 Application for Travel Authorization – check this box if the beneficiary is concurrently filing Form I-131 (Advance Parole document application);
- Form I-765 Application for Employment Authorization – check this box if the beneficiary is concurrently filing Form I-765 (Employment Authorization Document application);
- Other – check this box if the beneficiary will be filing concurrently any other applications with Form I-140 (for example, Form I-824 Application for Action on an Approved petition). If this box is selected, provide an explanation in Part 11. Additional Information.
Question 7 – Is the person for whom you are filing in removal proceedings? – Answer “No” if the beneficiary is not currently in removal (deportation) proceedings (including administratively closed). Answer “Yes” if the beneficiary is 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 the beneficiary or any other person has ever filed an immigrant petition (for example, Forms I-140, I-130, I-360, etc.) on beneficiary’s behalf. Answer “No” if the beneficiary or no one else has ever filed any immigrant petitions on beneficiary’s 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. Certified Labor Certification is not required for the EB-1B category.
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. Certified Labor Certification is not required for the EB-1B category.
Part 5. Additional Information About the Petitioner
Type of Petitioner (select only one box):
Check one (and only one) box to indicate type of petitioner who is filing Form I-140:
Box 1.a – Employer: Check this box. The EB-1B category requires a U.S. employer.
Box 1.b – Self: Leave this box blank.
Box 1.c – Other (For example, Lawful Permanent Resident, 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 (this section gathers information about the US employer):
Question 2 – Type of Business: Enter the type of business of the U.S. employer
Question 3 – Date Established: Enter the date the U.S. employer was established.
Question 4 – Current Number of U.S. Employees: Enter the current number of U.S. employees.
Question 5 – Gross Annual Income: Enter the U.S. employer’s gross annual income, in U.S. dollars.
Question 6 – Net Annual Income: Enter the U.S. employer’s net annual income, in U.S. dollars.
Question 7 – NAICS Code: Enter the North American Industry Classification System (NAICS) code for the U.S. employer. Enter the NAICS code from left to right, entering one digit per box. If you use a NAICS code that is less than six digits, type the code left to right and add zeros in the remaining boxes.
Question 8 – Labor Certification DOL Case Number: Type “NA”.
Question 9 – Labor Certification DOL Filing Date: Type “NA”.
Question 10 – Labor Certification Expiration Date: Type “NA”.
Questions 11 and 12 – Information About Individual Petitioner: Type “NA”.
Part 6. Basic Information About the Proposed Employment
Question 1 – Job Title: Here, provide the offered position’s job title. For EB-1B applications, the offered position must be a tenured or tenure-track position as a teacher or permanent researcher position.
Question 2 – SOC Code: Enter the Standard Occupational Classification (SOC) System code for the offered position. Type the SOC code from left to right, entering one digit per box. If the SOC code has less than six digits, type the code left to right and add zeros in the remaining boxes.
Question 3 – Nontechnical Job Description: Enter a nontechnical job description for the offered position. As discussed above, for EB-1B petitions, the offered position must be a tenured or tenure-track position as a teacher or a permanent researcher position.
Question 4 – Is this a full-time position? – Answer “Yes,” as an offer of full-time employment is required for EB-1B applicants.
Question 5 – If the answer to Item Number 4. is “No,” how many hours per week for the position? – Type “NA”.
Question 6 – Is this a permanent position? – Answer “Yes” as the offered position must be permanent.
Question 7 – Is this a new position?: Check “Yes” or “No”.
Question 8 – Wages (Specify hour, week, month, or year): Enter the proposed salary, in U.S. dollars, and the frequency of payments (hour, week, month, or year). There is no minimum wage requirement for petitions filed under EB-1B.
Questions 9.a. – 9.e. – Enter the location for the offered position. If there is more than one worksite location, you can provide them all in Part 11.
Part 7. Information About the Spouse and All Children of the Person for Whom You Are Filing
In this section, enter the information about the beneficiary’s spouse and all children (if applicable). If the beneficiary is not married and/or does 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 the beneficiary’s family member’s application being denied. Information about ALL of the beneficiary’s children must be provided.
For each family member answer the following questions:
- Family Name – enter the last name of the beneficiary’s family member as indicated on their birth certificate, passport, legal name change document
- Given Name – enter the given name(s) of the beneficiary’s family member as it appears on their birth certificate, passport, legal name change document
- Middle Name – enter the middle name (if any) of the beneficiary’s family member as it appears on their birth certificate, passport, legal name change document
- Date of birth – enter the beneficiary’s family member’s date of birth in mm/dd/yyyy format
- Country of birth – enter the beneficiary’s family member’s country of birth
- Relationship – enter “spouse” or “child”
- Is he or she applying for adjustment of status? – Answer “Yes” if the beneficiary’s 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 the beneficiary’s family member will not be filing Form I-485
- Is he or she applying for a visa abroad? – Answer “Yes” if the beneficiary’s 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
Part 8 must be completed and signed by the U.S. employer (“Petitioner”)
Question 1.a. – If the petitioner can comfortably read and understand the application in English, then check the box in Question 1.a.
The petitioner should carefully review the entire application for accuracy prior to signing.
Question 1.b. – If the petitioner is not proficient enough in reading English, then a competent interpreter needs to read through the application with the petitioner 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 the petitioner’s request (for example, an attorney). If a preparer was used to prepare the application, Part 10 must be completed too.
“Authorized signatory” is the person authorized to sign immigration forms on behalf of the US employer (for example, Director, CEO, etc.)
Question 3.a. – Authorized Signatory’s Family Name (Last Name) – enter the last name of the petitioner or authorized signatory who is signing the form.
Question 3.b. – Authorized Signatory’s Given Name (First Name ) – enter the last name of the petitioner or authorized signatory who is signing the form.
Question 4 – Authorized Signatory’s Title – enter the job title of the petitioner or authorized signatory.
Question 5 – Authorized Signatory’s Daytime Telephone Number – enter the signing petitioner’s or authorized signatory’s phone number.
Question 6 – Authorized Signatory’s Mobile Telephone Number – enter the signing petitioner’s or authorized signatory’s mobile phone number (if applicable).
Question 7 – Authorized Signatory’s Email Address (if any) – enter the signing petitioner’s or authorized signatory’s email address.
Question 8 – Petitioner’s or Authorized Signatory’s Signature
Question 8.a. – Petitioner’s Signature – the petitioner or authorized signatory must sign the form in this field. 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 petition to the US employer. 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-1B 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 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 (spouse and unmarried children under 21) who are physically present in the U.S. and meet all the eligibility requirements listed above at the time of filing.
Priority Date: For the EB-1B 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 your behalf in the EB-1, EB-2, or EB-3 preference category.
Where to send EB-1B 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-1B 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 5 months to 7 months to get Form I-140 (EB-1B category) reviewed by USCIS. Check the latest average case processing times on the USCIS website (choose Form I-140, then “Outstanding Professor or Researcher (E12)” 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 pay the premium fee of $2,500, USCIS will review your Form I-140 petition in 15 calendar days.