Before you begin eb1 green card process, you should check the instructions mentioned herein. Check out the eb-1a visa requirements online and start filling the form right away. Once you check online EB 1 visa requirements and follow the instructions, eb1 green card processing time will speed up.
General Instructions:
Responses may be typed or clearly written in black ink.
You may attach an extra sheet of paper if additional space is needed to complete an item. Please sign and date each additional sheet of paper and include the item number on the page.
Completely answer all questions. If the answer to a question is “none” or “not applicable”, then leave the question blank. DO NOT enter “N/A” or “none”.
If filing under EB-1A or EB-2 NIW, you are considered to be both the beneficiary and the petitioner. If filing under EB-1B, your employer is the petitioner and you are the beneficiary.
Part 1. Information about the Person or Organization Filing the Petition
1a. Family Name (Last Name)
1b. Given Name (First Name)
1c. Middle Name
Enter your full legal name if you are filing the I-140 under EB-2 NIW or EB-1A NIW. Enter your given name (first name), middle name (if any), and family name (last name) in the correct boxes. Leave item 1c. blank if you do not have a middle name. Please be sure that your name is entered correctly. Note: if your name is entered incorrectly, you will be required to place a service request to correct your name. This cannot be done until you have received the receipt notice from the I-140 form. Leave 1a.-1c. blank if you are filing under EB-1B NIW.
2. Company or Organization Name
If you are filing under EB-1B, enter the name of the organization or company that is the petitioner in your case. Leave this item blank if you are filing under EB-1A NIW or EB-2 NIW.
Other Information
3. IRS Tax Number
Enter the petitioner/employer’s 9-digit IRS tax number if you are filing under EB-1B. Leave the item blank if you are filing EB-2 or EB-1A NIW.
4. U.S. Social Security Number
Enter your full U.S. Social Security Number (if you have one) when filing under EB-2 NIW or EB-1A NIW. It is not acceptable to provide only a partial Social Security Number. Please leave this item blank if you do not have a Social Security Number. Also leave this item blank if you are filing under EB-1B.
Mailing Address
5a. In Care of Name
5b. Street Number and Name
5c. Apt.__Ste.__Flr.__
5d. City or Town
5e. State
5f. Zip Code
5g. Postal Code
5h. Province
5i. Country
When filing under EB-2 or EB-1A NIW, enter the full mailing address, including suite, apartment number, or floor, if applicable. Enter the petitioner/employer’s full mailing address if you are filing under EB-1B. A Postal Code or Province is not required if you enter a U.S. address. Please double-check the mailing address to be sure that it is entered correctly.
Part 2. Petition Type
This petition is being filed for: (Select only one box):
If you are filing under EB-1A, select 1a.
If you are filing under EB-1B, select 1b.
If you are filing under EB-2 NIW, select 1i.
Fill out a separate Form I-140 for each category if you are filing under multiple categories. Each separate I-140 form must be accompanied by a USCIS filing fee of $580 and a petition documentation package.
Leave 2a. and 2b. blank unless the I-140 form is being filed to amend a previously filed I-140 form. If this is the case, check the box next to 2a. and provide the receipt number of the previously filed I-140 being amended by this I- 140 form.
Part 3. Information about the Person for Whom You Are Filing
1a. Family Name(Last Name)
1b. Given Name (First Name)
1c. Middle Name
Please enter your full legal name. Be sure to enter your given name (first name), middle name (if any), and family name (last name) in the appropriate boxes. Leave 1c. blank if you do not have a middle name.
Mailing Address
2a. In Care of Name
2b. Street Number and Name
2c. Apt.__Ste.__Flr.__
2d. City or Town
2e. State
2f. Zip Code
2g. Postal Code
2h. Province
2i. Country
Please enter your full mailing address, including the suite, apartment number, or floor, if applicable. The address will be the same as the address entered in Part 1 if you are filing under EB-2 or EB-1A NIW .
Other Information
3. E-mail Address (if any)
Enter your email address, if you have one.
4. Daytime Phone Number
Enter your daytime telephone number.
5. Date of Birth (mm/dd/yyyy)
Enter your date of birth. Be sure to follow the format given which is month first, date second, and the 4-digit year last.
6. City/Town/Village of Birth
Enter your city/town/village of birth.
7. State/Province of Birth
Enter your state/province of birth (if any).
8. Country of Birth
Enter your country of birth.
9. Country of Citizenship
Enter your country of citizenship.
10. Country of Nationality
Enter your country of nationality.
11. Alien Registration Number (A-Number)
Enter your Alien Registration Number (also called A-Number or Alien Number), if you have one. You may already have a 7-9 digit A-Number if you have a Employment Authorization Document (EAD) or if you have a previously decided I-140 case.
12. U.S. Social Security Number (if any)
Enter your full Social Security Number (if any).
If you are currently in the U.S., complete 13, 14a., 14b., 14d., 14e., 15, and 16.
13. Date of Arrival (mm/dd/yyyy)
Enter the date of your most recent arrival in the U.S.
14a. I-94 Arrival-Departure Record Number :
Enter the 11-digit I-94 Arrival Number documenting your most recent arrival into the U.S. If you do not know your most recent I-94 Arrival Number, you can retrieve it at the following website: https://i94.cbp.dhs.gov/I94/request.html.
14b. Passport Number
Enter your passport number.
14c. Travel Document Number
This item can be left blank.
14d. Country of Issuance for Travel Document or Passport
Enter the name of the country which issued your passport. Note: a passport that was issued in the U.S. by your home country’s consulate or embassy is deemed to have been issued by your home country, not the U.S.
14e. Expiration Date for Passport or Travel Document (mm/dd/yyyy)
Enter the expiration date of your passport. Be sure to use the correct format which is month first, date second, and the 4-digit year last.
15. Current Nonimmigrant Status
Enter your current nonimmigrant visa status, e.g. H-1B, F-1, J-1, etc.
16. Date Status Expires: (mm/dd/yyyy)
Enter the date that the current nonimmigrant visa status expires. Be sure to use the correct format which is month first, date second, and the 4-digit year last. See the DS-2019 if you have a J-1 visa. See the I-20 if you have an F-1 visa. See the approval notice if you have an H-1B visa.
Part 4. Processing Information
Complete the following for the person named in Part 3: (Check one)
1a. Alien will apply for a visa abroad at a U.S. Embassy or consulate at:
1b. Alien is in the United States and will apply for adjustment of status to that of lawful permanent residence.
Alien’s country of current residence, or if now in the U.S., last country of permanent residence abroad.
Check the box next to 1a. if you are applying at a U.S. Department of State consulate abroad for a visa to come to the U.S. as a permanent resident. Enter the town or city and the country that will do the consular processing.
Check the box next to 1b. if you are filing a I-485 for adjustment of status to that of lawful permanent resident. Enter your last permanent residence country outside the U.S. If you have a valid nonimmigrant visa status and you are already in the U.S., you are eligible to file an I-485.
If your circumstances change or if you are not sure of the correct response, the selection can be changed at a future date. If you checked 1a. on the Form and afterward choose to file a I-485 instead, just go ahead and file the I-485 –there will be no extra steps or forms for this procedure. You should, however, notify the National Visa Center and/or consulate of the change. If you checked 1b. on the Form and afterward choose consular processing, just file a Form I-824 (Application for Action on an Approved Application or Petition) to have the I-140 approval notice sent to the National Visa Center.
Choose either 1a. or 1b. Both boxes should not be checked.
2a.-2f. If you provided a United States address in Part 3, provide the person’s foreign address:
Enter your full foreign address.
3a.-3c. If the person’s native alphabet is other than Roman letters, write the person’s foreign name and address in the native alphabet:
Enter your full name written in your native language if Roman letters are not your native language. If your native language uses Roman letters, leave 3a.-3c. blank. Since English is an official language in India, leave 3a.-3c. blank if you were born in India. German, Spanish, and French are illustrations of alphabets using Roman letters. Arabic, Chinese, Korean, and Nepali are illustrations of alphabets not using Roman letters. It is acceptable print the form and write your full name by hand in your native language.
3d.-3i. Mailing Address
Enter your full foreign address written in your native language if Roman letters are not your native language. If your native language uses Roman letters, leave 3d.-3i. blank. You can leave 3d.-3i. blank if you were born in India. It is acceptable to print the Form and write your full foreign address by hand in your native language.
4. Are any other petition(s) or application(s) being filed with this Form I-140?
Answer “yes” or “no”. If you answer “yes”, check any appropriate boxes. Note: Only answer “yes” if you will be concurrently filing the I-140 and the other form(s) (I-765, I-485, I-131, etc.). Answer “no” if your I-140 has been approved of if you are waiting for the receipt notice from the I-140.
5. Is the person for whom you are filing in removal proceedings?
Answer “no” unless you are currently involved in removal proceedings with the Immigration Court. If the answer is “yes”, provide the following data on a separate piece of paper and attach it to the Form: case number(s), office location(s), date of decision(s), and disposition of decision(s). Write “Part 4, 5” on the separate piece of paper, sign, and date it.
6. Has any immigrant visa petition ever been filed by or on behalf of this person?
If you filed an immigrant visa petition or if a petition was filed for you, e.g. I-485, I-130, or I-140, then the answer is “yes”. Otherwise, the answer is “no”. If the answer is “yes”, provide the following data on a separate piece of paper and attach it to the Form: case number(s), office location(s), date of decision(s), and disposition of decision(s). Write “Part 4, 6” on the separate piece of paper, sign, and date it.
7. Is the petition being filed without an original labor certification because the original labor certification was previously submitted in support of another Form I-140?
The answer is “no” if filing under EB-1A, EB-1B, or EB-2 NIW.
8. If the petition is being filed without an original labor certification, are you requesting that USCIS request a duplicate labor certification from the Department of Labor?
The answer is “no” if filing under EB-1A, EB-1B, or EB-2 NIW.
Part 5. Additional Information About the Petitioner
1a. Employer
1b. Self
1c. Other (Explain, e.g., Permanent Resident, U.S. citizen or any other person filing on behalf of the alien)
Check box 1a. if filing under EB-1B.
Check box 1b. if filing under EB-1A or EB-2 NIW.
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If a company, provide the following:
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Complete 2a.-2f. if filing under EB-1B. Enter “0” for 2d. and 2e. if the petitioner is a non-profit (e.g., a university).
Leave 2a.-2f. blank if filing under EB-1A or EB-2 NIW.
Leave 2g.-2i. blank if filing under EB-2 NIW, EB-1A, or EB-1B.
If an individual, provide the following:
If filing under EB-2 NIW or EB-1A, complete 3a. and 3b. with your occupation (e.g., chemist, engineer, physicist, etc.) and annual earnings.
Leave 3a. and 3b. blank if filing under EB-1B.
Part 6. Basic Information about the Proposed Employment
Leave Part 6 blank if you do not have prospective employment in the U.S. and are not already employed in the U.S.
Enter the specified data about your employment in Part 6 if you are currently employed in the U.S.
Enter the data about your proposed employment in Part 6 if you have prospective employment in the U.S.
1. Job Title
Enter your job title (e.g., Assistant Professor, Postdoctoral Researcher, etc.)
2. SOC Code
Choose the most suitable Standard Occupational Classification (SOC) code for your profession. Search for the SOC Code for your job title at the following link: http://www.bls.gov/soc/classification.htm. Choose the SOC Code that most closely matches your job title if you cannot find an exact match.
3. Non-technical Description of Job
Enter a concise, non-technical job description.
4. Is this a full-time position?
If the position includes 40 hours or more per week, answer “yes”. If the position is under 40 hours per week, answer “no”.
5. If the answer to Number 4 is “No,” how many hours per week for the position?
If you answered “no” to 4., enter the number of hours worked per week.
6. Is this a permanent position?
If you expect long-term employment and there is no cause for termination, answer “yes”. If the position is temporary, answer “no”.
7. Is this a new position?
If you began working in this position under 6 months ago, answer “yes”. If you began working in this position more than 6 months ago, answer “no”.
8. Wages: $____ per ____
Enter the dollar amount of your wages and stipulate whether you are paid hourly, weekly, monthly, or yearly.
9a.-9e. Address where the person will work if different from address in Part 1.
If the address is not the same as the one entered in Part 1, enter the full address where you will be employed.
Part 7. Information on Spouse and All Children of the Person for Whom You Are Filing
List husband/wife and all children related to the individual for whom the petition is being filed. Also, note if the individual will be applying for a visa abroad or for adjustment of status as the dependent of the individual for whom the petition is filed. Provide an attachment of additional family members, if needed.
Include your spouse (if any) and any children belonging to you, including those born in the U.S.
For each individual listed, provide his or her complete name, date of birth, country of birth, relationship to you, and indicate whether or not the individual will be applying for adjustment of status (filing an I- 485) or applying for a visa abroad (doing consular processing).
Answer “no” to both questions if the individual was born in the U.S.
Answer “no” to the one that is not being applied for, and “yes” to the one being applied for, if the individual was born outside of the U.S. An individual will be able to file a I-485 as a derivative beneficiary on your I-140 if he/she possesses valid non-immigrant visa status and is currently in the U.S. An individual needs to apply for an immigrant visa abroad so they may come to the U.S. as a permanent resident if he/she is currently outside of the U.S.
Never answer “yes” for both questions.
Part 8. Signature of Petitioner
The answers in this section should pertain to the individual signing the form for the petitioning employer if you are filing under EB-1B.
1a. Signature of Petitioner
Sign your name if you are filing under EB-2 or EB-1A NIW. The person authorized to sign for your employer should sign the form if you are filing under EB-1B.
1b. Date of Signature (mm/dd/yyyy)
Enter the current date. Use the correct format which is month first, date second, and the 4-digit year last.
2. Daytime Phone Number
Enter your current daytime phone number if you are filing under EB-2 or EB-1A NIW. Enter the current daytime phone number of the person signing the Form if filing under EB-1B.
3. Mobile Phone Number
Enter your current mobile phone number if you are filing under EB-2 or EB-1A NIW. Enter the current mobile phone number of the person signing the Form if you are filing under EB-1B.
4. E-mail Address (if any)
Enter your current email address if you are filing under EB-2 or EB-1A NIW. Enter the current email address for the person signing the Form if you are filing under EB-1B.
5. Job Title of Position with Petitioning Employer, If the Petition Is Being Filed by an Employer
Leave blank if you are filing under EB-2 or EB-21A NIW. Enter the current job title of the person signing the Form if you are filing under EB-1B.
Part 9. Signature of Person Preparing This Petition, If Other Than the Petitioner
Do not complete Part 9 if you do not have a representative or attorney. If you have a representative or attorney, then he/she needs to complete Part 9.
You also need to file a Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) along with Form I-140 if you have a representative or attorney.