fyllyoImmigration Forms
Form I-140
Immigrant Petition for Alien Workers
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Form reference
Before you begin.
Use these notes as a starting point. Check the issuing agency’s current form and instructions for your client’s situation.
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Gather Your I-140 Petition Details
Before you start Form I-140, Immigrant Petition for Alien Workers, collect the basics: employer (petitioner) details, the beneficiary’s passport-style info, the offered job title/duties, and which category you’re filing under (EB-1, EB-2/NIW, EB-3, etc.). If applicable, keep your labor certification details, priority date info, and proof of the employer’s ability to pay the offered wage handy. Don’t forget spouse/children details if you want them listed on the petition.
Details worth checking
Using the Wrong Form Edition (Outdated PDF)
USCIS can reject filings that use an outdated edition of Form I-140 or the wrong version from an unofficial source. This is frustrating because it can reset timelines and force a full resubmission with the correct form.
Missing or Incomplete Petitioner Details (Employer/Company Info)
Form I-140 requires clear petitioner details (legal name, address, business info, and EIN when applicable). Missing or mismatched company information can lead to delays, requests for evidence (RFEs), or filing confusion—especially when multiple entities are involved.
Wrong Petition Type or Category Selection (EB-1 / EB-2 / EB-3 / NIW)
Choosing the wrong classification is one of the highest-impact mistakes on Form I-140 because it affects eligibility evidence, processing logic, and what USCIS expects to see. A category mismatch can trigger RFEs or denial even when the beneficiary is otherwise qualified.
Beneficiary Identity Errors (Name, DOB, Birth/Citizenship, A-Number)
Small identity mistakes—misspelled names, incorrect dates of birth, wrong country of birth/citizenship, or missing A-Number—can cause serious delays. These details must match official documents, and inconsistencies can create avoidable back-and-forth with USCIS.
Incomplete U.S. Status / Travel History Details (Last Arrival, I-94, Current Status)
If the beneficiary is in the U.S., Form I-140 often requires details about last arrival and current immigration status. Missing or inconsistent arrival/status information can slow processing because USCIS can’t easily validate the beneficiary’s current situation.
Mailing Address Mistakes That Break USCIS Communication
Incomplete addresses (missing apartment/suite, ZIP, or country) can cause notices and receipts to go to the wrong place—or not arrive at all. That can lead to missed deadlines and avoidable delays in the Form I-140 process.
G-28 Representation Issues (Attorney/Accredited Rep Not Properly Included)
If an attorney or accredited representative is involved, missing Form G-28/G-28I or incomplete attorney identifiers can delay recognition of representation. That can create confusion about who receives notices and who can communicate with USCIS about the petition.
Supporting Document Gaps (Ability to Pay, Labor Cert, Evidence for Category)
A common reason Form I-140 cases get delayed is missing or disorganized evidence—especially proof of ability to pay the offered wage, labor certification details (when required), or category-specific proof (like NIW support). Missing documents often leads to RFEs and weeks or months of added time.
Extra Pages Done Wrong (No Page/Part/Item Reference, No Signature/Date)
When you need extra space, USCIS expects each additional sheet to clearly reference the page/part/item it belongs to, include identifiers (like name and A-Number if any), and be signed and dated. Missing these details can cause attachments to be ignored or misfiled, creating delays.
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