The USCIS provides 11 pages of instructions on how to complete an Adjustment of Status request through the filing of Form I-140. Foreign applicants who seek an approval of EB-1 status based on extraordinary skills (EB-1A), outstanding professor or researcher (EB-1B), or multinational supervisor or managerial criteria (EB-1C) must file Form I-140. An experienced immigration lawyer can guide you through the form, the instructions, and all related criteria.

General instructions for Form I-140

Some of the basic requirements for completing Form I-140 are:

Signature

Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a stamped or typewritten name in place of a signature.” Only an officer or an employee who knows the facts asserted in the petition (and who has the authority to sign legal forms) can sign on behalf of a corporation or other legal entity. Signatures can include photocopies, faxes, or scanned copies of the original document (with the original ink signature).

Filing Fee

The Form/Petition must have the required filing fee.

Evidence

EB-1 applicants must submit all evidence and supporting documentation (according to the checklist of requirements) for each category of EB-1 visa – A, B, or C.

Biometric Services Agreement

The applicant must acknowledge they understand the USCIS may require that the applicant appear to be interviewed and to be asked to provide their fingerprints, have a photo taken, and provide their signature – to verify their identity and to “conduct background and security checks, including a check of criminal history records maintained by the Federal Investigation (FBI), before making a decision on your application or petition.

Copies

“You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application or petition.”

Original documents

If original documents are requested and supplied, the original documents will be returned after the USCIS determines it doesn’t need them anymore. If you supply original documents that were not requested, the applicant should understand that those documents may not be returned, instead they may be destroyed.

Translations

“If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must include the translator’s signature. The Department of Homeland Security (DHS) recommends the certification contain the translator’s printed name, the signature date, and the translator’s contact information.”

Additional Form I-1401 requirements

The form should be typed or printed legibly in black ink.

There are many other requirements to complete Form I-1410 that must be included such as

  • Meeting the specific checklist criteria for each sub-category – extraordinary skills (EB-1A), outstanding professor or researcher (EB-1B), or multinational supervisor or managerial criteria (EB-1C).
  • Information about a spouse or any minor dependents who will be coming with you.
  • Information about a job offer – unless the applicant is seeking a visa based on “Extraordinary Ability.” This information may include tax and Social Security numbers
  • An arrival-departure record.
  • The filing fee.
  • Other criteria depending on your EB-1 category and other immigration requirements.

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