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How to Fill Out Form I-140 for EB-1, EB-2 NIW, or EB-3

Form I-140 requests an employment-based immigrant classification. The petitioner may be a U.S. employer or a qualifying EB-1A or NIW self-petitioner.

Official edition: 06/07/24
Start the guided prefillDownload official form PDFDownload official instructions

This preparation and review worksheet is not an official USCIS form and cannot be filed.

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Part 1

Petitioner Information

Enter the legal-entity details for the employer, company, or self-petitioner.

Choose employer, individual self-petitioner, or another permitted entity.

Match IRS, state registration, and labor certification exactly.

Leave blank if none.

Copy from IRS records; never sent to AI.

Complete only when required for an individual petitioner.

Align with company records, tax returns, and job evidence.

Enter the legal mailing address.

How to prepare Form I-140

Confirm eligibility and filing category first, then match every answer to passports, civil documents, and immigration records.

  1. 1

    Identify the classification

    Distinguish EB-1A/B/C, EB-2, NIW, EB-3, and Schedule A.

  2. 2

    Verify petitioner and beneficiary

    Company legal name, EIN, beneficiary identity, and immigration records must align.

  3. 3

    Address labor certification or exemption

    Review ETA records, priority date, Schedule A, or NIW/EB-1 exemption basis.

  4. 4

    Align job, wage, and ability-to-pay evidence

    Duties, SOC, worksite, wage, and financial records must not conflict.

  5. 5

    Verify edition, fee, and filing method

    Reopen the official USCIS page on the filing date and verify edition, fee, online eligibility, and mailing instructions.

  6. 6

    Transfer to the official form and sign

    Transfer verified English answers to the current official PDF or myUSCIS, attach evidence, and complete every required signature.

Common evidence checklist

Evidence varies by category and case. Use this list to prepare, then review the current official instructions before filing.

  • Company registration, EIN, tax returns, annual reports, or audited financials
  • Labor certification, ETA records, or Schedule A evidence
  • Permanent job offer, duties, SOC, wage, and worksite records
  • Beneficiary degrees, evaluations, licenses, experience letters, and résumé
  • Evidence addressing each EB-1 or NIW legal criterion
  • Spouse, child, and processing-path information

Form I-140 FAQs

Which I-140 categories allow self-petitioning?+

EB-1A extraordinary ability and qualifying EB-2 NIW cases generally allow self-petitioning; most others require an employer.

Does I-140 approval grant a Green Card?+

No. I-140 approves the classification; visa availability and I-485 or consular processing are still required.

How does an employer show ability to pay?+

The employer generally shows continuing ability from the priority date using tax returns, annual reports, audited financials, or actual wage records.

Can this worksheet be filed directly with USCIS?+

No. This is a I-140 preparation and English review worksheet. Transfer the answers to the current official form or USCIS online system.

Should AI translate a person's name?+

No. Use the existing English spelling on the passport or official record. Names and identification numbers are never sent to AI.

Why are the fee and mailing address not hardcoded?+

USCIS changes fees, Lockbox routing, and online-filing eligibility. Verify the official page on the day of filing.

A free public reference tool. Not legal advice or affiliated with the U.S. government.Verify with official USCIS information
How to Fill Out Form I-140: EB-1, EB-2 NIW and EB-3 Guide | HuaRenCa