One of the first steps for an immigrant seeking an employment based visa is to have an I-140 filed on their behalf. The process involves the employer providing the necessary information to the USCIS about the foreign employee they intend on hiring (after an offer has been made). Information including the job title, annual salary, and the physical U.S. workplace address are critical so the USCIS knows it is a legitimate offer.
However, sometimes things don’t always go according to plan and a prospective employee gets a different job offer, or simply needs to withdraw their application because of some other life event. In the event of sudden changes that need to be made while ones I-140 is pending with the USCIS, there are important steps and consideration to make. This blog will be dedicated to better understanding what those steps are.
What is an I-140 Amendment?
If there has been an error with the employer that is supposed to hire you, or the employer is now having you fill a slightly different position within the same company, immigrants who have their I-140 pending need to request to their employer to file what is called an I-140 Amendment. Basically, this requires the employer to download the same I-140 form on the USCIS website, except this time, under Part 2, the employer needs to check the box stating the reason they are filing again is to amend a previous form.
This will notify the USCIS that there have been some changes with the offer, but that the PERM certification with the Department of Labor is still valid.
If applicants decide to do nothing and start working under a position or salary that was not agreed upon, or stated in the first I-140 petition, they could face immigration penalties as the USCIS originally approved the petition for a different, albeit similar, offer.
Withdrawing an application
If applicants want to withdraw their pending I-140 because of personal or professional reasons, they are absolutely allowed to do so by contacting the USCIS. But if they have received a new job offer, they will have to go through the process again with a new employer. It does not matter if the job industry is similar or the position is the same, if the job offer is with a new company the entire process has to start over.
In addition, if the I-140 petition has already been approved for 180 days, the applicant can no longer revoke their application. This is because the applicant will have already retained a priority visa date based on the category they have filed under. Thus, in order to become a lawful permanent resident based on the continued approval of such an existing I-140, the beneficiary must either obtain a new job offer, or have a new I-140 petition filed on their behalf.
Here is more evidence that will need to be submitted to the USCIS when withdrawing an I-140:
- A statement that the I-140 petitioner wishes to withdraw the petition
- The I-140 receipt number
- The name, address, and phone number of the petitioner (organization)
- The name of the beneficiary, and A-number (if applicable)
- Petitioner’s signature and accompanying G-28 attorney signature (if applicable)
Applicants wishing to withdraw need to have their withdrawal letter sent to either the Texas or Nebraska USCIS Service Center(s):
Please send to the Texas Center if your previously approved I-140 was filed at either the Texas or Vermont Service Center:
USCIS Texas Service Center
PO Box 851745
Mesquite, TX 75185
Please send to the Nebraska Center if your previously approved I-140 was filed at either the California or Nebraska Service Center:
USCIS Nebraska Service Center
P.O. Box 82521
Lincoln, NE 68501-2521