USCIS Expands Online Filing for EB-1 and NIW Petitions

The Shift to Digital

USCIS has significantly expanded its digital capabilities, now allowing Form I-140 (Immigrant Petition for Alien Workers) to be distinctively filed eligible for online submission. This covers key employment-based categories, including EB-1A (Extraordinary Ability) and EB-2 National Interest Waiver (NIW).

Benefits of Online Filing

1. Immediate Receipt: No waiting for weeks to get a receipt notice in the mail. You get an instant confirmation and receipt number.
2. Error Prevention: The system flags missing fields or signature errors before submission, reducing the risk of rejection.
3. Direct Evidence Upload: You can upload your evidence directly. Note the 12 MB limit per file, which often requires splitting large PDFs into logical exhibits (e.g., "Exhibit A - Awards", "Exhibit B - Press").
4. status Tracking: Real-time case status updates in your USCIS online account.

Limitations in 2025

• Standalone Only: Currently, you can only file the I-140 online as a standalone petition. If you are concurrently filing Form I-485 (Adjustment of Status), you must still file the entire package by mail.
• Premium Processing: While you can file the I-140 online, if you want Premium Processing (Form I-907), the workflow has evolved. You can now often file I-907 online for an already pending online I-140, or file them together digitally if supported for your specific classification at the time of filing. Always check the latest USCIS forms page, as this capability is rapidly rolling out.

NIW Policy Updates (Jan 2025)

Alongside the technical expansion, USCIS issued updated policy guidance on January 15, 2025, clarifying the "National Importance" prong of the Dhanasar test. This guidance provides more examples of how STEM entrepreneurs and researchers can meet the threshold, further encouraging the use of the NIW category.

How to File Online

1. Create a myUSCIS account.
2. Select "File a Form Online" and choose I-140.
3. Complete the data fields (which mirror the paper form).
4. Upload your cover letter and index of exhibits.
5. Upload your supporting evidence (pdfs).
6. Pay the filing fee via Pay.gov (credit card or bank transfer).

Conclusion

For petitioners seeking to avoid the "mailroom black hole," online filing is a game-changer. However, specific care must be taken with file management to ensure high-resolution evidence is readable within the file size constraints.