EB1A I-140 Petition – Document Checklist

I didn’t write any blog post for a while. I have been working hard on EB1A DIY kit to provide you an example of successful application and help you to prepare your own EB1A case. EB1A DIY kit will be available very soon – more details at the end of this post.

Today, I am back with another blog post helping you to put together the documents for the I-140 EB1A petition.

This is the first part of the two stages. I-140 petition might be submitted as a separate petition (non-concurrent filing). An applicant waits until he gets the decision of his I-140 petition. And then he files I-485 petition in the second step.

The other way how to submit EB1A case to USCIS is to file both petitions (I-140 and I-485) together. This is called concurrent filing.

Let’s see what documents and evidence might be submitted in the I-140 petition (filed separately).

Forms and Fees

Checks or money orders are usually placed on the top of the whole package of the papers. Forms come after the checks.

I-140 – Immigrant Petition for Alien Worker

Download the latest version of this form, fill and sign it.

The current fee is $700. USCIS website requires to pay the fee with a money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions (when filing at a USCIS Lockbox facility). If you pay by check, you must make your check payable to U.S. Department of Homeland Security.

I-907 – Premium Processing (Optional)

You can use this form to get the I-140 decision faster (guaranteed 15 calendar day processing time), but it is optional.

This is a great advantage of EB1A green card, compared to another self-petition green card EB2 NIW. But it is not cheap! The current cost is $1,225.

Find the current version of the form here, fill and sign it. The same payment options as mentioned above are available.

Petition Letter

Petition letter demonstrating applicant’s extraordinary ability is the core of EB1A I-140 petition. Choose at least three of the EB1A requirements and explain how do you satisfy these criteria. Don’t forget to sign the letter.

In our EB1A case (DIY kit), we also included another very short letter mentioning what kind of petition was submitted (I-140 + premium processing) and what documents were included.

Recommendation Letters

This is very important part of every EB1A case. Submit signed reference letters from your experts in the field. They might be ordered from the most important one to the least. Usually, reference letters from independent experts carry more weight.

Supporting Evidence – USCIS Requirements

USCIS website includes these tips and requirements:

In almost all cases, submit a photocopy of your supporting document to USCIS. If you choose to send USCIS the original, USCIS may keep the original for our records.

Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator’s certification that he or she is competent to translate the foreign language into English.

Please note that all the evidence mentioned below should serve only as an informative guide. But it does NOT mean that you have to submit everything from the following list.

Curriculum Vitae

The most current version of your CV might include a summary of your work experience, education, awards, list of publications etc. Make sure that all the data correspond to the facts mentioned in your EB1A petition letter.

Educational Documentation

I-140 petition might include any of the following documents:

• university degrees – Bachelor’s, Master’s, Ph.D. etc.
• transcripts of academic record – more detailed information about completed courses, grades etc.
• university information – if the university’s importance play a significant role in EB1A case, official information about the university might be valuable evidence

Work Experience

If the I-140 petition includes the facts about applicant’s employment it should be supported by evidence, for example, letter from employer, job offer, salary information etc.

Applicant’s Publications

Peer-reviewed articles, published in nationally or internationally circulated journals, might be included in EB1A petition. The most valuable are: first author publications, published in high impact factor journals, widely cited etc.

Citations

Citations show applicant’s impact on the whole field. Valuable resources to demonstrate the number of citations are, for example, Google Scholar or Scopus.

Invited Talks

Show the proof of invitation to talk on the conferences, universities, important events in the field etc. Requested expert advising for notable institutions or media might be valuable too.

Reviewing

Submit requests to review other peers’ work (for example journal papers) in the same field as applicant and confirmation of finished reviews. Invitation only is not sufficient, the review has to be completed (submit the proof in the form of email, letter etc.). Quality of journals and quantity of reviews might be considered.

Prizes or Awards

USCIS officer is looking for awards for YOUR work, not your employer’s. Make sure the award is nationally or internationally recognized in your field. Submit a receipt of receiving the award. Provide an evidence (for example a letter from award committee) how many people were nominated and criteria for eligibility to show the significance of that particular award.

Academic scholarships and grants might be insufficient to satisfy this EB1A requirement.

Memberships

Submit only membership which requires outstanding achievements for admission, judged by recognized national or international experts. Include the proof of membership and criteria to be admitted to membership.

USCIS officer is instructed to reject memberships based only on payment of membership fees, years of experience, level of education, affiliation to certain employment etc.

Media Publications About Applicant

Provide media publications which show specifically applicant’s work (not his employer’s) and his extraordinary results (not lower level). Title, date, and author of the publication must be included. Information about media’s significance should be also submitted. Local publications might be insufficient.

USCIS officer needs to see that the circulation is high compared to other circulation statistics and who the intended audience of the publication is.

High Salary

Submit evidence showing applicant’s salary (payslips, job offer letter) and compare it to others working in the similar position, in the same field. You can include the proof of other peers’ salaries in the form of statistics or surveys, for example, The Bureau of Labor Statistics (BLS), The Department of Labor’s Career One Stop website, The Department of Labor’s Office of Foreign Labor Certification Online Wage Library etc.

Leading Or Critical Role

Provide an evidence of your job title and appropriate matching duties to demonstrate your leading role. Also, include the evidence that the assigned project ended successfully.

In contrast, a critical role is not about the title but rather applicant’s extraordinary performance and significant importance to the outcome. Letter from an employer might be used to demonstrate critical role.

Also note that organization, where the applicant works in a leading or critical role, must have a distinguished reputation. Don’t forget to submit the evidence about this fact too.

Artistic Exhibitions Or Showcases

You must provide an evidence that the work is actually YOURS. Also, show that your work is displayed at an artistic exhibition (public showing) or a showcase (a setting for exhibiting something or someone especially in an attractive or favorable aspect). And most importantly, demonstrate that the performance attracted a substantial audience or show an extraordinary number of sold tickets.

Commercial Successes in the Performing Arts

Evidence of commercial successes in the performing arts might be submitted in the form of box office receipts, sales numbers etc. USCIS officer focuses on volume of sales compared to others involved in similar pursuits in the performing arts.

Non-immigrant Status Documentation

Provide an evidence that you have been maintaining your status if you are in the USA, for example:

• approvals
• visas
• entries
• I-94 record
• passport biographic page
• DS-2019 (if on J-1 visa) etc.

I have just gone through all EB1A requirements and showed you what kind of evidence might be submitted in I-140 petition. This is only for your inspiration but NOT a complete list – you might find better evidence for your particular EB1A case.

EB1A DIY Kit Update

As I promised, I will provide EB1A DIY kit to help you prepare your own EB1A case. This DIY kit includes a successful EB1A application based on a real case, prepared by an experienced lawyer.

I finally finished this EB1A DIY kit and it is currently reviewed by Joseph Atkin (immigration lawyer and author of the EB1A case). This is the final review just to make sure everything is up to date. Which means that EB1A DIY kit will be released very soon, in a few days!

I am planning special 30% discount only for the first week after the launch so make sure you don’t miss it.

If you have any questions please feel free to ask in the comments below this blog post. I am glad to help.