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I-140

Filing tips for I-140 form

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Written by Quickfiling US
Updated over a week ago

The latest I-140 and filing instructions can be found at here. Starting on April 1st, 2024, USCIS will only accept new I-140 forms (Edition 04/01/24). This tutorial presents the new I-140 form (Edition 04/01/24) filing tips. At the end of this article you will find the file named "I-140-new-example-v1.0.pdf", an I-140 example with comments.

Type or print legibly in black ink.

Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many

children do you have” or “How many times have you departed the United States”), type or print “None” unless otherwise directed.

Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original, handwritten signature as valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink signature.

SOC Code. You can obtain the Standard Occupational Classification (SOC) System codes from DOL, Bureau of Labor Statistics at here. Type or print the code from left to right, entering one digit in each of the six boxes. If you use a code which is less than six digits, type or print the code left to right and then add zeros in the remaining unoccupied boxes. For example:

(1) Type or print the code sequence 19-1021 as 19-1021; or

(2) Type or print the code sequence 15-100 as 15-1000.

Adjustment of Status vs Consular Processing. Parts 4 and 7 of Form I-140 ask for your processing preferences, i.e., how you plan to apply for your green card when your Priority Date becomes current. 'Adjustment of Status,' commonly known as filing Form I-485, is the process of applying for a green card while in the United States. 'Consular Processing' involves applying for a green card through a U.S. Embassy or Consulate outside the United States. If you initially selected Adjustment of Status on your immigrant petition but later decide to opt for Consular Processing, or vice versa, you must inform USCIS of your decision. To request a change to Consular Processing, file Form I-824, Application for Action on an Approved Application or Petition.

Note: Be aware that Form I-824 may take a long time to process. Switching methods could delay your green card approval, so it's better not to change your initial choice if you aim to receive your green card earlier. Make your decision wisely.

Asylum Program Fee: The self-petitioner pays $300

An individual self-petitioner would pay the reduced Asylum Program Fee of $300 when filing Form I-140 as an EB-1A noncitizen of extraordinary ability or as an EB-2 with national interest waiver. On Form I-140, such self-petitioners must select Yes in Part 1, Question 6, to indicate that they currently employ a total of 25 or fewer full time employees. (https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule#:~:text=In%20addition%2C%20the%20fee%20rule,Immigrant%20Petition%20for%20Alien%20Workers )

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