Form I-140 for EB-1A and NIW: who files, where, the fees and premium processing

Who files the petition?

Form I-140, Immigrant Petition for Alien Workers, is filed by the petitioner for the beneficiary. Most I-140 categories need a US employer with a permanent job offer. EB-1A (Part 2, Item 1.a) and the NIW (Item 1.h) are the exceptions: any employer, individual or third party may file, including the beneficiary. Filing for yourself is called self-petitioning.

If the petitioner is a company or other legal entity, only an officer or employee who knows the facts and has authority to sign for it may sign. A typed or stamped name, or a signature by an attorney, representative or family member signing for the petitioner, is not accepted. An interpreter or preparer, if used, signs their own part of the form.

Sources: Form I-140 Instructions (edition 06/07/24), pages 1-4 and 8; USCIS, I-140, Immigrant Petition for Alien Workers (form page)

Tips that matter for self-petitioners

The USCIS I-140 page gives filing tips, and missing fields lead to rejection:

• Part 1 asks for an IRS Employer Identification Number or Social Security number, but USCIS says this does not apply to Item 1.a (extraordinary ability) or 1.h (NIW).
• Answer Item 5 (nonprofit or government research organization) No and Item 6 (number of full-time employees) Yes. USCIS uses these answers to decide whether the reduced Asylum Program Fee applies.
• Use the current edition (06/07/24) and make sure every page is from the same edition, or the form may be rejected.
• The 06/07/24 instructions posted on uscis.gov print "Draft Not for Production" on each page, although USCIS lists them as current. Check the posted instructions before relying on them.

Sources: USCIS, I-140, Immigrant Petition for Alien Workers (form page); Form I-140 Instructions (edition 06/07/24), pages 1-4 and 8

Online or by mail?

There are two options: file online through a USCIS online account, or mail a paper form. A self-petitioner can file Forms I-140 and I-485 (the adjustment of status application) together online. If you send Form I-140 together with Form I-907 to request premium processing, you must file by mail. If an online I-140 is already pending (receipt number starting with IOE), a standalone Form I-907 can be uploaded in the online account or mailed.

Sources: USCIS, I-140, Immigrant Petition for Alien Workers (form page); USCIS, Forms Available to File Online: Form I-485

Where to mail it

The address depends on what you send and the state where the beneficiary will work. Check the current USCIS address page on the day you send; it changes.

• Form I-140 alone: the USCIS Dallas Lockbox or Chicago Lockbox, by state of intended work.
• Form I-140 with Form I-485: the Dallas Lockbox for every state.
• Form I-140 with Form I-907, with or without Form I-485: the Elgin Lockbox or Phoenix Lockbox, by state.
• Form I-907 to upgrade a pending I-140: the Chicago, Dallas or Phoenix Lockbox, by state. USCIS changed this location on 7 October 2026 and accepts forms postmarked on or before 9 November 2026 at a prior location.

Sources: USCIS, Direct Filing Addresses for Form I-140; USCIS, How Do I Request Premium Processing? (who signs and where to file)

A conflict to check: premium processing and Lockboxes

The I-140 instructions say not to send premium processing requests to a USCIS Lockbox, while the current address page lists Lockbox addresses for Form I-140 with Form I-907. The premium processing page, last updated 23 March 2026, also says a standalone Form I-907 filed at a Lockbox will be rejected, while the address page changed on 7 October 2026 now lists Lockbox addresses for a standalone I-907. USCIS says it will reject both the petition and the premium request if they are not filed at the correct location, so follow the current address page and recheck it before sending.

Sources: Form I-140 Instructions (edition 06/07/24), pages 1-4 and 8; USCIS, Direct Filing Addresses for Form I-140; USCIS, How Do I Request Premium Processing? (who signs and where to file)

Government fees as of 19 October 2026

These amounts are from the USCIS fee schedule, Form G-1055, edition 10/16/26, as published on 19 October 2026. Each is per petition or per request, not per family member. Fees change, and a petition with the wrong fee is rejected, so recheck the current schedule before paying.

• Form I-140 filing fee: $715 on paper or $665 online.
• Asylum Program Fee, paid with the I-140: $600 for a regular petitioner, $300 for a small employer or self-petitioner, $0 for a nonprofit. The instructions define a small employer as one with 25 or fewer full-time equivalent employees in the US, including affiliates and subsidiaries.
• Form I-907 premium processing, optional: $2,965 for EB-1 and EB-2 classifications, paid separately from the other fees.
• Payment by mail is by credit, debit or prepaid card on Form G-1450, or US bank account on Form G-1650, unless the filer has an exemption for paper payment on Form G-1651. Online filings are paid in the online account.

Sources: Form G-1055 Fee Schedule (edition 10/16/26), Form I-140; Form G-1055 Fee Schedule (edition 10/16/26), Form I-907; Form I-140 Instructions (edition 06/07/24), pages 1-4 and 8

What the fees do not cover

The I-140 fees cover the petition only. Other government fees, such as Form I-485 if adjusting status in the US or immigrant visa fees if processing abroad, are separate and not listed here. Lawyer fees, translations and expert letters are not government fees at all.

Sources: Form G-1055 Fee Schedule (edition 10/16/26), Form I-140

What premium processing buys

Premium processing sets a deadline for USCIS to take action, or refund the premium fee: 15 business days for EB-1A (classification E11) and 45 business days for an NIW (E21 NIW). NIW petitions became eligible on 30 January 2023.

The clock starts when USCIS receives a properly completed Form I-907 at the correct address, meaning the information the instructions require, a valid signature and the correct fee. Action means an approved petition notice, a denial, a notice of intent to deny (NOID), a request for evidence (RFE) or a fraud investigation. An RFE or NOID stops the clock, and a new period starts when USCIS receives the response.

USCIS offers premium processing for Forms I-129, I-140, I-765 and I-539, not for Form I-485, and the wait for a visa number is a separate stage. Without premium processing, I-140 times vary; check the USCIS processing times page.

Sources: USCIS, How Do I Request Premium Processing? (Form I-140 timeframes); Form G-1055 Fee Schedule (edition 10/16/26), Form I-907

Who signs Form I-907 for a self-petitioner?

These official sources point different ways. The USCIS premium processing page says the petitioner or applicant, or their attorney or representative, completes and signs Form I-907. The fee schedule says Form I-907 may not be filed by a beneficiary or co-applicant of the form it is for. A self-petitioner is both petitioner and beneficiary, so check the current Form I-907 instructions before requesting premium processing.

Sources: USCIS, How Do I Request Premium Processing? (who signs and where to file); Form G-1055 Fee Schedule (edition 10/16/26), Form I-907

What the receipt and the decision mean

Each of these is a separate event:

• Rejection: a petition that is unsigned or has the wrong fee is rejected as deficient. You can correct it and resubmit. A petition is not properly filed until USCIS accepts it.
• Receipt: acceptance starts processing. For petitions without a labor certification, the instructions treat the I-140 filing date as the priority date, your place in line for a visa number.
• Biometrics, RFE or interview: USCIS may ask for biometrics, more evidence or originals, or an interview.
• Decision: USCIS notifies the petitioner in writing. An approved petition shows the beneficiary is eligible for the classification, but by itself grants neither permanent residence nor work authorization. The next step is adjustment of status in the US or an immigrant visa abroad.

Sources: Form I-140 Instructions (edition 06/07/24), Processing Information; Form I-140 Instructions (edition 06/07/24), pages 1-4 and 8

How Visa Trouble can help

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