We learned in the last few hours that USCIS has quietly implemented electornic submission for I-140 packages in two key employment-based green card categories: EB-2 National Interest Waiver (NIW) and EB-1A for Extraordinary Ability. A business immigration attorney, Jiaqi Ji, posted it in LinkedIn and we have since verified it. Below are some preliminary details, pending official USCIS information on the matter.
What we know so far
USCIS has not made a public announcement about this implementation of electronic submission in EB2 NIW or EB1A. in fact, if one visits the I-140 website (USCIS.gov/I-140) there is still no mention about it. In fact, only paper filings are described in the USCIS site for the I-140 form. We expect a press release or at least a note on the I-140 site in the coming hours/days.
What has happened is that USCIS has enabled electronic submissions of I-140 in these two categories in the USCIS Account platform “MyUSCIS“.
If one logs into USCIS with their credentials
How the new system works (pending official instructions!)
While it is still too early to say with full confidence, since it was released with no instructions. We went in and “played” with it, and the method seems to be the following:
1. Select the petition type
The first step is to select the eliginility category for I-140 in the platform, and then choose between EB-1A or EB-2 NIW (as of now those are the only employment categories shown as options).
2. Upload the completed I-140 form
The second step is to upload a PDF containing the filled out I-140 petition.The file must be a PDF and for all the other documents that can be uploaded, it cannot exceed 12 MB. The form will probably be accepted without ink signature here, since there is a signature menu at the very end of the electronic submission (during the last step). Of course, we will need to wait for official instructions to be sure.
We already observed some issues with this system during this step. For example, the platform returns an error when entering a foreign address, as it asks for a US state and ZIP code. Hopefully they will correct this issue before the real launch.
3. Upload evidence
The following step is to upload all the rest of the evidence. This would include everything that goes into a typical I-140 package in each of the categories. For example, in EB-2 NIW we are talking about form ETA-9089, proof of advanced degree or exceptional ability, and all evidence (exhibits) related to the three prongs of the Matter of Dhanasar. And of course, the petition cover letter that serves as a guide for the officer. In EB-1A, we would include the petition cover letter and all the exhibits that substantiate each of the criteria for extraordinary ability. In both categories we would also need to attach the forms for payment of fees (G-1450 or G-1650).
Here one will be able to upload different types of files, including PDF or images, but the limit is still 12MB for each of those files.
4. Review, Sign and Submit
After all the documents were uploaded, the last step is to review everything and submit. The platform allows the applicant to see all the files attached to the submission and observe if the system returned any error.
The platform also provides a total for the fees. In our tests, we observed that the total was wrong (it indicated $965 instead of $1,015 for an EB-1A petition as self-applicant). This is another thing to keep an eye on, to make sure USCIS personnel do not get confused and incorrectly reject the package because of this discrepancy.
As a last step, USCIS requests an electronic signature, which consists on typing the full name of the petitioner:
The advantages of an electronic system
What we don’t know yet and a word of caution
We do not have instructions from the agency, so we ask petitioners to be careful.
As of now, we would not use the electronic submission system until clear instructions are posted online, or we have evidence from other petitioners/lawyers that have successfully filed through the platform.
From our side, we will update our DIY courses as soon as we feel confident with the new tool or when the paper filing is discontinued (whichever comes first). This is the benefit of enrolling in our EB-2 NIW or EB-1A courses: we keep them updated and our students informed at all times.
