I-140 Form Complete Guide: Step-by-Step Instructions for EB1A/EB2 NIW Self-Petitioners (2025)

Introduction

Filing Form I-140 (Immigration Petition for Alien Worker) for your EB1A or EB2 National Interest Waiver requires meticulous attention to detail. As a self-petitioner, even minor errors can result in USCIS returning your petition, causing significant delays in your immigration process.

Common I-140 Filing Mistakes to Avoid

When completing Form I-140 for EB2 NIW, self-petitioners frequently encounter these critical issues:

• Missing Signature: USCIS requires original hand-signed forms.
• Wrong Petition Category: Incorrectly marking employment-based preference category.
• Business Information Errors: Confusion over company details for self-petitioners.
• Incorrect Address Format: Not following USCIS address guidelines.

What This I-140 Guide Includes

This comprehensive guide provides:

• Field-by-field instructions for Form I-140 EB1A or EB2 NIW.
• Completed sample forms for every page.
• Specific guidance for self-petitioners.
• Common I-140 form rejection reasons and how to avoid them.

Disclaimer: This guide is for educational purposes only. Immigration requirements may change. Consult qualified immigration professionals for advice specific to your case.

Completed Page 1:

Part 1 – Information About You (the Petitioner)

Section-by-Section Guide

1.a. - 1.c.

Enter your name as the petitioner:

• 1.a. - First Name
• 1.b. - Last Name
• 1.c. - Middle Name: Leave blank if you do not have a middle name.

2.

Leave this blank as a self-petitioner.

3.a. - 3.i.

Fill in your mailing address. This is the address where USCIS will send your receipt notice and any other correspondence.

4.

Leave this blank as a self-petitioner.

5.

Select "No" as a self-petitioner. (This question relates to the asylum fee; as a self-petitioner, your I-140 fee is $300.)

6.

Select "Yes" as a self-petitioner. (This also affects the I-140 fee determination, confirming the $300 fee for self-petitioners.)

7.

Enter your Social Security Number (if you have one). If you do not have a Social Security Number, leave this field blank.

8.

Enter your USCIS Account Number (if applicable). If you do not have one, leave this field blank.

Part 2 – Petition Type

1.a. - 1.e.

Leave all fields blank in Page 1, Part 2 as a self-petitioner.

Part 2 – Petition Type

1.f. - 1.h.

Choose 1.a. as a self-petitioner for EB1A.

Or

Choose 1.h. as a self-petitioner for EB2 NIW.

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Part 3 - Information About the Person for Whom You Are Filing

1.a - 1.c

Enter your name as the beneficiary of this petition, if you are doing the self-peition, you are both the petitioner and the beneficiary, so put down your information to this section too.

• 1.a. - First Name
• 1.b. - Last Name
• 1.c. - Middle Name: Leave blank if you do not have a middle name.

I'll help you continue the guide for filling out Form I-140. I'll pick up from where you left off:

Mailing Address (continued)

2.a - 2.i

Enter your current U.S. mailing address. This should match the address you provided in Part 1 if you're a self-petitioner.

Other Information

3. Date of Birth

• Enter your date of birth in mm/dd/yyyy format
• Example: January 1, 1990 should be written as 01/01/1990

4. City/Town/Village of Birth

• Enter your city of birth exactly as it appears on your birth certificate
• Use English alphabet characters only

5. State/Province of Birth

• Enter your state/province of birth
• If your birth location doesn't have a state/province, you may leave this blank

6. Country of Birth

• Enter your country of birth
• Use the current name of the country, not historical names

7. Country of Citizenship

• Enter your current country of citizenship
• If you have multiple citizenships, list only one country

8. Alien Registration Number (A-Number)

• Enter your A-Number if you have one
• If you don't have an A-Number, leave this field blank
• Format: A123456789

9. U.S. Social Security Number

• Enter your SSN if you have one
• If you don't have an SSN, leave this field blank
• Format: 123-45-6789

Information About Last Arrival in the United States

(If you are not in the United States, you can leave this section empty)

10. Date of Last Arrival

• Enter the date you last entered the U.S. in mm/dd/yyyy format
• This should match the date stamp on your I-94 record

11.a. Form I-94 Number

• Enter your 11-digit I-94 number
• You can retrieve this number from CBP's website if needed

11.b. Expiration Date

• Enter the "Admit Until" date from your I-94
• For F-1 students with D/S (Duration of Status), enter "D/S" (if the form doesn't allow you to type D/S, write it by hand after printing out)

11.c. Current Immigration Status

• Enter your current status (e.g., F-1, H-1B, L-1)
• Use standard USCIS status codes

12-15. Passport Information

• Enter your current passport details:
  • Passport number
  • Travel document number (if different)
  • Country of issuance
  • Expiration date in mm/dd/yyyy format

Sample Entries Based on the Example Form

From the filled sample form shown in the image:

• Name: Tom Wong
• Address: 100 President St, Apt 10A
• City: Brooklyn
• State: NY
• ZIP: 10010
• Country: USA
• Birth Date: 01/01/1990
• Birth Place: Xian, Shaanxi, China
• Citizenship: China
• Passport Number: E00000000
• Travel Document:
• Passport Expiration: 01/01/2030

Important Tips:

• All dates must be in mm/dd/yyyy format
• Use CAPITAL letters for easier reading
• Ensure consistency across all documents
• Double-check all numbers and dates
• Make sure handwriting is clearly legible if not typing

Completed Page 3:

Part 4 - Processing Information

Initial Filing Choice

Choose only one option:

Option 1: Applying from Within U.S.

• Check box 2.a. if you're currently in the U.S. and will file I-485 for adjustment of status
• If the self-petitioners are already in the U.S. select this option
• If you are outside the US, choose Option 2 below.

Option 2: Consular Processing

• Check box 1.a. if you'll apply for immigrant visa at U.S. consulate abroad
• Fill in:
  • 1.b. City/Town where you'll apply
  • 1.c. Country where you'll apply

Additional Questions

Current Country of Residence

• If in U.S., enter "United States"
• If abroad, enter your current country of residence

Foreign Address

If you provided a U.S. address in Part 3, you must provide your foreign address:

• Street address (No P.O. Box)
• City/Town
• Province
• Postal code
• Country

From the sample form:

Street: No 8 Xian Dadao
Apt: 010101
City: Xian
Province: Shaanxi
Postal Code: 710000
Country: China

Native Alphabet Name/Address

• Only complete if your native language doesn't use Roman letters
• Enter your name and address in your native alphabet
• Leave blank if your native language uses Roman letters

6.a. - 10

I'll elaborate on Item Numbers 6.a. - 10. in Part 4 of Form I-140:

Part 4 - Processing Information (continued)

Item Numbers 6.a. - 10. Important Questions

6.a. Are you filing other petitions with this Form I-140?

• Mark "No" if this is your only petition
• Mark "Yes" if you're filing Form I-485, I-765, or I-131 concurrently
• From the sample form: Marked "No"

6.b. If you answered "Yes" to 6.a., select all that apply:

• Form I-485 (Adjustment of Status)
• Form I-131 (Advance Parole)
• Form I-765 (Employment Authorization)
• Other (requires explanation in Part 11)

7. Is the person in removal proceedings?

• Usually "No" for most applicants
• If "Yes," you must provide details in Part 11
• From the sample form: Marked "No"

8. Has any immigrant visa petition ever been filed for this person?

• Answer "Yes" if anyone has ever filed an immigrant petition for you
• Include prior I-140s, family-based petitions, or other immigrant petitions
• If "Yes," you must provide details in Part 11
• From the sample form: Marked "No"

9. Are you filing without an original labor certification?

• For EB1A/NIW self-petitioners: Mark "No"
• This question is primarily for employment-based petitions requiring labor certification

10. Are you requesting USCIS to request a duplicate labor certification?

• For EB1A/NIW self-petitioners: Mark "No"
• This is not applicable for EB1A or NIW categories as they don't require labor certification

Important Note: If you answer "Yes" to any of these questions, you may need to provide additional documentation or explanations in Part 11 (Additional Information). Be prepared to provide:

• Case numbers
• Office locations
• Dates of decisions
• Disposition of the decisions

Part 5 - Additional Information About the Petitioner

Completed Page 4:

Type of Petitioner

For self-petitioners:

• Check box 1.b. "Self"
• Leave boxes 1.a. and 1.c. unchecked

Employment Information

From the sample form:

• Occupation: Data Scientist
• Annual Income: $140,000

Part 6 - Basic Information About the Proposed Employment

This section should align with your petition category (EB1A or EB2 NIW):

1. Job Title: Enter your current or proposed position

2. SOC Code: Use the correct Standard Occupational Classification code

3. Nontechnical Description: Provide a clear, concise description of your work, based on your proposed endeavor in the US

4. Full-time Position: Usually "Yes" for self-petitioners

5. Hours per Week: Usually 40 hours for full-time positions

6. Permanent Position: Usually "Yes" for self-petitioners

7. New Position: Either "Yes" or "No"

8. Wages for the position: if you have the information

9. Worksite Address: if you have the information

Example:

Job Information

From the sample form:

• Job Title: Data Scientist
• SOC Code: 15-2051
• Job Description: "Design and implement sophisticated data processing algorithms and pipelines to detect and prevent fraud in U.S. financial systems."

Important details:

• Full-time position: Yes
• Permanent position: Yes
• New position: No
• Wages: Complete as applicable

Completed Page 5:

Part 7 - Information About Spouse and Children

This section requires information about your spouse and children who may be eligible for derivative benefits. From the sample form:

Spouse Information (Person 1)

• Family Name: Alice
• Given Name: Wong
• Date of Birth: 01/01/1991
• Country of Birth: China
• Relationship: Spouse
• Applying for adjustment of status: Yes
• Applying for visa abroad: No

Children Information (Person 2-6)

• List all unmarried children under 21
• Include:
  • Full name
  • Date of birth
  • Country of birth
  • Relationship (son/daughter)
  • Whether they're applying for adjustment/visa

Important: If you have no spouse or children, you can leave this section blank.

Completed Page 46:

Part 8 - Contact Information, Certification, and Signature

Petitioner's Contact Information

From the sample form:

• Family Name: Wong
• Given Name: Tom
• Title: Mr
• Daytime Phone: 1111111111
• Email: tom@gmail.com

Certification

As a self-petitioner, you must:

1. Review all responses
2. Verify all information is correct
3. Sign and date the form

Part 9 - Interpreter's Contact Information

Only complete if someone interpreted the form for you in another language. If you completed the form yourself in English, leave this section blank.

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Part 10 - Preparer's Information

Complete this section if someone else (like an attorney or immigration consultant) prepared your form. If you filled out the form yourself, leave this section blank.

Completed Page 8:

Part 11 - Additional Information

Use this section to:

• Provide additional details that didn't fit in earlier sections
• Explain any unique circumstances
• Add clarification to any answers

Formatting Additional Information:

1. Include your name and A-Number (if any)
2. Reference the specific:
   • Page Number
   • Part Number
   • Item Number
3. Provide your detailed explanation

Pro Tips:

• Type or print clearly in black ink
• Make sure all photocopied pages are legible
• Keep a complete copy of your submitted form
• Include all required supporting documents
• Follow USCIS filing instructions exactly