Form I-140 News

USCIS final RFE template for Form I-140, Immigrant Petition for Alien Worker, seeking E11 classification as an individual of extraordinary ability.

To see the template, check the attachment. 

Table A provides approval and denial data for petitioners of the I-140, Immigrant Petition for Alien Workers - (E-11 Extraordinary Ability, Professors, Researchers, or Executives)

Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010 

This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:

Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);

Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and

Aliens of Exceptional Ability under section 203(b)(2) INA.

Reopening of a denied I-140 case -  Cases when a denied I-140 is reopened, the center (TSC) usually reopens any ancillary applications like I-485, I-131 and I-765 that were denied only because of the denied I-140.  Generally the procedure takes about 60 days for the file to be acquired form National Records Center or AAO and to reopen. If the ancillary cases are not reopened within the 60 day period members can make an inquiry with the NCSC customer service line or –email to [email protected]

Filing I-824 together with the I-485 - The right thing to do when filing the I-824 is to file both the I-824 together with the I-485 or wait till the I-485 is approved. USCIS identifies the reasons as to why an I-824 is interfiled. However an I-824 should not be rejected or denied only because it is interfiled and the I-485 is not yet approved.
Note: If an I-824 is interfiled, it may not be approved at the same time as the I-485 and the I-485 processing times will apply.

I-140 processing and adjudications - On an average TSC is completing around 9,600 I-140 adjudications per month. As of now the incoming I-140 volume is slightly less.  As of reaching its goal TSC is close to becoming current on all I-140s which includes the ones filed during 2007 summer. About 5000 stand-alone I-140s are still awaiting adjudication the backlog.

Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice for the primary form.

When E-Filing Form I-907, Request for Premium Processing Service, by itself or concurrently with any other form, please send the associated Supporting Documentation to the appropriate address. 

For address please check attachment:

USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).

After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit.

Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled  

Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3  will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it  will forward he appeal  to the AAO.