Tagged #i-140
Every article we've published on this topic, sorted by the agency's own announcement date.
USCIS May Now Deny Benefit Requests with Invalid Signatures
An interim final rule effective July 10, 2026 gives USCIS adjudicators explicit authority to deny (not merely reject) immigration benefit requests found to have invalid signatures after acceptance—with fee retention and no cure opportunity.
EB-3 to EB-2 Upgrade: Porting a Priority Date Through a Second PERM and I-140
Why employers file a second PERM and I-140 to upgrade an employee from EB-3 to EB-2 — how 8 CFR 204.5(e) priority-date porting works and what USCIS demands as proof.
USCIS Tightens Signature Rules: Invalid Signatures Now Mean Denial, Not Just Rejection
Starting July 10, 2026, USCIS can deny immigration petitions with invalid signatures discovered after acceptance, retain filing fees, and treat the case as fully adjudicated. Practitioners must audit signature practices for H-1B, I-140, and I-485 filings.
USCIS Premium Processing After the 2024 Fee Rule: $2,805 for Most I-129 and I-140s, 15 Business Days, and What That Clock Actually Buys
The February 2024 fee rule pushed I-129 and most I-140 premium processing to $2,805 and aligned timelines across categories. The 15-business-day clock buys an action, not an approval.
AC21 §104(c): The 3-Year H-1B Extension Beyond the 6-Year Cap
When an approved I-140 in an oversubscribed category traps an H-1B worker past year six, AC21 §104(c) provides a 3-year extension. Here is the eligibility test, the documentary record, and the most common denials.
AC21 §106(a): The 1-Year H-1B Extension on a Pending PERM or I-140
Section 106(a) of AC21 lets H-1B workers extend in one-year increments past the six-year cap if a PERM or I-140 has been pending for 365+ days. Here is the eligibility test and the §104(c) handoff.
Defending an Approved I-140 or I-130 from a USCIS NOIR Under INA §205
An NOIR — notice of intent to revoke — is USCIS announcing it intends to undo an already-approved petition. The 33-day response window and the Matter of Estime good-and-sufficient-cause standard are unforgiving.
I-140 Portability Under AC21 §106(c): Switching Employers 180 Days After I-485
How AC21 §106(c) and INA §204(j) let an EB beneficiary change jobs once the I-485 has been pending 180 days, what 'same or similar occupation' means, and how Form I-485 Supplement J fits in.
EB-2 National Interest Waiver: Matter of Dhanasar's Three-Prong Framework
How the AAO's 2016 precedent decision Matter of Dhanasar replaced the NYSDOT framework for EB-2 national-interest-waiver petitions — substantial merit and national importance, well-positioned petitioner, and the on-balance benefit prong.
EB-1B Outstanding Professor or Researcher: Six Criteria, Three-Year Experience, and the Tenure-Track Job Offer
How USCIS adjudicates EB-1B outstanding-professor-or-researcher petitions under INA § 203(b)(1)(B) and 8 CFR 204.5(i) — the six regulatory criteria, the international-recognition standard, and the employer's burden to document a qualifying permanent research position.
EB-1A Extraordinary Ability: The 10 Regulatory Criteria and Kazarian's Two-Prong Review
How USCIS adjudicates EB-1A extraordinary-ability petitions under 8 CFR 204.5(h)(3) and the Ninth Circuit's two-step Kazarian framework — a practitioner's map to the ten criteria, the comparable-evidence rule, and the final-merits determination.
I-140 Ability to Pay: Audited Financials, Net Income, and the Net-Current-Assets Workaround
How USCIS evaluates a sponsoring employer's ability to pay the proffered wage under 8 CFR 204.5(g)(2), the three accepted proofs, and the Matter of Sonegawa totality-of-circumstances escape hatch.
EB-1C Multinational Manager or Executive: Qualifying Relationships and the One-Year-in-Three Abroad Rule
How USCIS adjudicates EB-1C multinational-manager-or-executive petitions under INA § 203(b)(1)(C) and 8 CFR 204.5(j) — the qualifying-organization tests, the one-year-in-three abroad rule, and the managerial-vs-executive-capacity definitions at INA § 101(a)(44).
EB-3 Skilled Worker, Professional, and Other Worker: The Three Splits and Why They Matter
How INA § 203(b)(3) and 8 CFR 204.5(l) divide EB-3 into three sub-classifications — skilled workers, professionals, and other workers — and why the split drives PERM minimum-requirements drafting, visa-bulletin movement, and the 10,000-per-year EW cap.