Documents Required for I-140: EB-1, EB-2, and EB-3

The documents required for an I-140 petition fall into two layers: a common foundation that every filing needs, and a category-specific set of proofs that changes depending on whether you are filing under EB-1, EB-2, or EB-3. The foundation includes the completed Form I-140, the filing fee, evidence that the employer can pay the offered wage, and the beneficiary’s identity and credential documents. On top of that, most EB-2 and all EB-3 petitions need an approved permanent labor certification, and each preference category has its own evidentiary criteria the beneficiary must satisfy.

Get the initial evidence right the first time. A thin filing invites a Request for Evidence, and an RFE can add months to a case that could have been decided on the papers.

The Documents Every I-140 Needs

Start with Form I-140 itself. A U.S. employer typically files on behalf of the worker, though EB-1A extraordinary ability and EB-2 National Interest Waiver petitions allow self-petitioning.¹ The form asks for identifying information about the petitioner and the beneficiary, the employer’s IRS Employer Identification Number, and the specific preference category requested.² The filing fee accompanies the petition; check the USCIS fee schedule (Form G-1055) for the current amount, since fees change.

If an attorney or accredited representative is handling the case, include Form G-28, Notice of Entry of Appearance. G-28 lets the representative communicate with USCIS and receive official notices, including any RFE.

Ability-to-Pay Evidence

Ability to pay is the most scrutinized part of most petitions. The employer must submit copies of annual reports, federal tax returns, or audited financial statements for every year from the priority date forward.³ Not a single year. USCIS wants to see financial capacity from the date the labor certification was filed (or the I-140 filing date when no labor certification is required) all the way through the worker becoming a permanent resident.

Employers with 100 or more workers can substitute a statement from a financial officer for tax returns or annual reports.³ Smaller employers have no equivalent shortcut. USCIS may consider profit-and-loss statements, bank records, or personnel records as supplemental evidence. W-2s and pay stubs showing the employer has already been paying the beneficiary strengthen the case but do not replace the tax return or financial statement requirement. Employers who have filed multiple I-140 petitions must show they can pay every beneficiary, not just the one in the current case.

Beneficiary Documents and Translations

Include copies of the beneficiary’s passport biographic page, educational diplomas and transcripts, and any professional licenses relevant to the position. For a foreign degree, USCIS may consider a credential evaluation from an independent evaluator or an authorized school official to determine the U.S. equivalent, though the final call rests with the adjudicating officer.⁴

Any document in a foreign language must be accompanied by a full English translation. The translator signs a certification stating that the translation is complete and accurate and that the translator is competent to translate from the foreign language into English. The certification carries the translator’s name, signature, address, and the date.⁵

Labor Certification (ETA Form 9089)

Most EB-2 and all EB-3 petitions must have an approved permanent labor certification from the Department of Labor before the I-140 is filed. The certification (ETA Form 9089) confirms that no qualified U.S. workers are available for the position at the offered wage. Once approved, the certification must be filed with the I-140 within 180 days of its approval date; miss that window and the certification expires, forcing the employer to restart the labor certification process.⁶

EB-1 petitions and EB-2 National Interest Waiver petitions do not require a labor certification.

EB-1 Documents

The EB-1 first preference has three tracks, none of them requiring a labor certification.

EB-1A: Extraordinary Ability

An EB-1A petition must show that the beneficiary has sustained national or international acclaim and is among the small percentage at the very top of the field. This category allows self-petitioning. Submit either evidence of a single major internationally recognized award (Nobel Prize level) or documentation meeting at least three of ten regulatory criteria:⁷

Nationally or internationally recognized prizes for excellence.
Membership in associations requiring outstanding achievement, judged by recognized experts.
Published material about the beneficiary in professional publications or major media, with title, date, and author.
Service as a judge of others’ work in the same or a related field.
Original contributions of major significance to the field.
Authorship of scholarly articles in professional publications or major media.
Display of work at artistic exhibitions or showcases.
A leading or critical role for organizations with a distinguished reputation.
A salary significantly high relative to others in the field.
Commercial success in the performing arts, shown through receipts or sales figures.

Meeting three criteria only gets past the initial screening. USCIS then does a final merits determination, weighing whether the evidence as a whole genuinely demonstrates extraordinary ability and sustained acclaim.⁷ Petitions with thin evidence stretched across exactly three criteria often fail at that second stage.

EB-1B: Outstanding Professors and Researchers

EB-1B requires international recognition in a specific academic field, at least three years of teaching or research experience in that field, and a job offer for a tenured, tenure-track, or comparable permanent research position from a qualifying U.S. employer.⁸ Self-petitioning is not available.

The petition must include evidence meeting at least two of six criteria:⁹

Major prizes or awards for outstanding achievement in the academic field.
Membership in associations requiring outstanding achievements of members.
Published material by others, in professional publications, about the beneficiary’s work.
Service as a judge of others’ work in the same or an allied academic field.
Original scientific or scholarly research contributions to the field.
Authorship of scholarly books or articles in journals with international circulation.

If those standard criteria fit poorly, USCIS allows comparable evidence that is qualitatively similar to what the criteria describe.⁹

EB-1C: Multinational Managers or Executives

EB-1C is for workers transferring to a U.S. entity in a managerial or executive capacity. The beneficiary must have worked abroad for at least one year within the three years before the petition, in a managerial or executive role for a qualifying related entity, and the U.S. employer must have been doing business in the United States for at least one year.⁸

Include:

A detailed statement from an authorized official of the U.S. employer describing the beneficiary’s overseas employment history, job duties, and the managerial or executive nature of the role.
Evidence of the qualifying corporate relationship between the U.S. and foreign entities: ownership documents, annual reports, articles of incorporation.
Organizational charts showing the beneficiary’s position and reporting structure in both the foreign and U.S. organizations.
Financial documents showing the U.S. employer has been actively doing business for at least one year.

EB-2 Documents

The EB-2 second preference covers advanced-degree professionals, individuals of exceptional ability, and National Interest Waiver petitioners. Most EB-2 filings need an approved labor certification. The NIW is the exception.

Advanced Degree Professionals

The beneficiary must hold a U.S. master’s degree or higher (or foreign equivalent), or a U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive post-degree work experience in the specialty.¹⁰ Required evidence:

Official academic records such as transcripts and diplomas.
A credential evaluation for a foreign degree, from an independent evaluator or authorized school official.
For a bachelor’s-plus-experience filing, letters from current or former employers verifying at least five years of progressive work in the field after the degree was earned.

Exceptional Ability

Exceptional ability applies to people in the sciences, arts, or business whose expertise is significantly above what is ordinarily encountered. Include evidence meeting at least three of six criteria:¹¹

A degree, diploma, or certificate related to the area of exceptional ability.
Letters from current or former employers documenting at least ten years of full-time experience in the occupation.
A license or professional certification to practice.
A salary that demonstrates exceptional ability relative to others in the field.
Membership in professional associations.
Recognition for achievements and significant contributions by peers, government entities, or professional organizations.

Meeting the minimum three is only step one. USCIS then evaluates whether the overall evidence actually demonstrates exceptional ability.¹⁰

National Interest Waiver

The NIW lets certain EB-2 petitioners skip both the labor certification and the job offer. Self-petitioning is allowed. USCIS evaluates NIW petitions under a three-part framework focused on the proposed work rather than a specific job:¹⁰

The proposed endeavor has both substantial merit and national importance. The benefits should extend beyond a single employer or local area. Document the specific work in detail, and support it with evidence such as potential job creation, advancement of a field critical to U.S. interests, or improvements to public health, environmental quality, or national security.
The beneficiary is well positioned to advance the endeavor. Show the education, skills, track record, or concrete plan to actually carry the work forward. Progress already made, support from investors or relevant organizations, publications, and patents all help.
On balance, it benefits the United States to waive the job offer and labor certification. Evidence that the field itself makes traditional recruitment impractical, or that the person’s contributions are urgent enough to justify bypassing the standard process, can be persuasive.

NIW petitions live or die on specificity. “I will work in artificial intelligence” is not an endeavor. Describe exactly what work you plan to do and why it matters nationally.

EB-3 Documents

The EB-3 third preference includes skilled workers, professionals, and other (unskilled) workers. All three subcategories require an approved labor certification.

Skilled Workers

The beneficiary must show at least two years of job experience or training for the position.¹² Submit letters from previous employers confirming the experience, along with vocational training certificates or other documentation of the required skills. Relevant post-secondary education can count as training.

Professionals

Professionals must hold a U.S. bachelor’s degree or its foreign equivalent in the specific field of the job.¹² The key evidence is official academic records (transcripts, diploma), with a credential evaluation attached to any non-U.S. degree.

Other Workers

This subcategory covers positions requiring less than two years of training or experience. The approved labor certification is the central document, along with a job offer letter and basic documentation showing the beneficiary can perform the work. Only 10,000 visas are available annually in this subcategory, and wait times run considerably longer than for skilled workers and professionals.¹³

Filing Method and Package Assembly

USCIS accepts Form I-140 online and by mail. Online filing is available only for standalone I-140 petitions with no other form attached (Form G-28 is the one exception). If you are filing the I-140 together with Form I-485, Form I-907 for premium processing, or any other form, you must file by mail.² Premium processing can still be requested after an online I-140 filing by mailing Form I-907 separately.

Paper filings go to one of two lockboxes. Petitioners in roughly the western and southern states mail to the Dallas lockbox; those in the northeastern and midwestern states mail to Chicago. Different addresses apply when filing with Form I-485 or with premium processing. Check the USCIS direct filing addresses page for the exact address for your scenario.¹⁴ Wrong lockbox means delay or rejection.

USCIS accepts legible photocopies unless originals are specifically requested; the agency can ask for originals at any time and returns them after review. Use tabs and cover sheets, include a table of contents at the front, and make sure every document is legible. Paper clips are preferable to staples because USCIS scans documents during processing. For categories that require meeting a set number of criteria (EB-1A, EB-1B, EB-2B), label each tab with the criterion number and name so the officer can follow your evidence without guessing which criterion each document is meant to support.

What Triggers a Request for Evidence

When USCIS finds a filing incomplete or unconvincing, it issues an RFE giving the petitioner a deadline (typically 84 days) to submit more documentation. The most frequent RFE triggers involve ability to pay: missing tax returns, gaps in the financial record between the priority date and the present, and mismatches between the wage on the labor certification and payroll records. Foreign-degree filings without a credential evaluation, translations without a proper certification, and EB-1A or EB-2B petitions that touch three criteria but document each one thinly are also common RFE grounds.

Respond with strong documentation. USCIS can deny outright if the response does not resolve the deficiency, and a denial is harder to reverse than a well-answered RFE.

1
U.S. Citizenship and Immigration Services. Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers
2
U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers
3
U.S. Citizenship and Immigration Services. USCIS Policy Manual – Volume 6 Part E Chapter 4 – Ability to Pay
4
U.S. Citizenship and Immigration Services. USCIS Policy Manual – Volume 6 Part E Chapter 9 – Evaluation of Education Credentials
5
U.S. Department of State. Information about Translating Foreign Documents
6
U.S. Citizenship and Immigration Services. USCIS Policy Manual – Permanent Labor Certification
7
U.S. Citizenship and Immigration Services. USCIS Policy Manual – Volume 6 Part F Chapter 2 – Extraordinary Ability
8
U.S. Citizenship and Immigration Services. Employment-Based Immigration – First Preference EB-1
9
U.S. Citizenship and Immigration Services. USCIS Policy Manual – Volume 6 Part F Chapter 3 – Outstanding Professor or Researcher
10
U.S. Citizenship and Immigration Services. USCIS Policy Manual – Volume 6 Part F Chapter 5 – Advanced Degree or Exceptional Ability
11
U.S. Citizenship and Immigration Services. Employment-Based Immigration – Second Preference EB-2
12
U.S. Citizenship and Immigration Services. Employment-Based Immigration – Third Preference EB-3
13
U.S. Citizenship and Immigration Services. USCIS Policy Manual – Volume 6 Part F Chapter 7 – Skilled Worker, Professional, or Other Worker
14
U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker