The U.S. Citizenship and Immigration Services (USCIS) has announced an important update regarding the filing procedures for Form I-140, Immigrant Petition for Alien Workers. This change is intended to align with the Foreign Labor Application Gateway (FLAG) system, which was introduced by the U.S. Department of Labor (DOL) in June 2023.

Employers who sponsor foreign workers and applicants seeking employment-based green cards should be aware of these updates to avoid delays or rejections. The new rules clarify how labor certification documents should be submitted alongside Form I-140.

Quick Recap: What is Form I-140?

Form I-140 is an essential step in the employment-based immigration process. Employers in the United States use this form to petition for foreign workers to obtain permanent residency (a green card). In most cases, before submitting Form I-140, employers must first receive a permanent labor certification from the DOL to demonstrate that hiring a foreign worker will not negatively affect U.S. workers.

Key Changes to the Form I-140 Filing Process

1. Employers Must Submit a Printed Copy of the Electronic Final Determination

USCIS now requires that employers include a printed copy of the Final Determination issued electronically by the DOL when filing Form I-140. This ensures that USCIS receives a properly approved labor certification.

2. New Documentation Requirements

• The Final Determination must be signed by all relevant parties, including the foreign worker, employer, and attorney or agent (if applicable).
• Employers filing for Schedule A occupations must submit:
  • A completed but uncertified Form ETA-9089, including all appendices.
  • A signed Final Determination.
  • A valid prevailing wage determination tracking number in Section E, Item 1 of the Form ETA-9089.
• Employers submitting Form I-140 with an NIW request must include:
  • A copy of Form ETA-9089, Appendix A.
  • A signed Final Determination.

3. No Changes to Processing or Adjudication

USCIS has clarified that these new documentary requirements do not impact the processing times or decision-making procedures for Form I-140 petitions. The change is simply meant to standardize and clarify the submission process.

What Applicants and Employers Should Do Next

If you are submitting Form I-140, it is essential to follow the new procedures carefully:

• Double-check that the Final Determination includes all necessary signatures.
• Include a printed copy of the electronically issued Final Determination with your Form I-140 submission.
• If applying under Schedule A or NIW categories, ensure all additional required documents are attached.
• Stay updated with USCIS and DOL announcements in case further changes occur.