E-file clarification: EB1-EA or EB2-NIW

[vamsi23]

Hi All

I have see lot of posts saying that we can e-mail I-140. However, I noticed on USCIS site for Instructions for Electronically Filing Form I-140 (under purpose of form) that
"This form is filed on behalf of an alien, and not by the alien."

That means if we are filing on our own, we can use e-filing facility. Please correct me if I am wrong.

Thanks
vamsi

 

[baikal3]

Hi All

I have see lot of posts saying that we can e-mail I-140. However, I noticed on USCIS site for Instructions for Electronically Filing Form I-140 (under purpose of form) that
"This form is filed on behalf of an alien, and not by the alien."

That means if we are filing on our own, we can use e-filing facility. Please correct me if I am wrong.

Thanks
vamsi

The wording at the e-filing instruction page is slightly inaccurate. The point is that for almost all types of I-140 applications the petitioner is the employer rather than the alien (the alien is the beneficiary). There are some types of I-140 petitions where both the petitioner and the beneficiary are the alien. This includes EB1-EA.

The bottom line is that, as the instruction page says further below, "Any other alien, except those listed above, may be the beneficiary of an E-Filed I-140 petition." The exceptions are:
"*You are applying for a waiver of the filing fee.
*You are requesting that your case be expedited (does not include filing for Premium Processing)
*You are a Soviet scientist."

Unless one of the above three exceptions applies to you, you may e-file I-140 in the EB1-EA category yourself.