On Dec. 13, the U.S. Citizenship and Immigration Services (USCIS) updated the filing addresses for Premium Processing upgrades for Form I-140, Immigrant Petition for Alien Worker. This change resulted from the ongoing USCIS initiative to increase efficiency, reduce costs, and modernize U.S. immigration filings, "centralizing the digitization of immigration forms for downstream electronic adjudication." After Jan. 24, 2024, the USCIS will reject Form I-907, Request for Premium Processing, related to a pending Form I-140, if received at the incorrect filing location.

The USCIS webpage for direct filing addresses for Form I-140, Immigrant Petition for Alien Worker, includes specific instructions for the following:

  • Filing Form I-140 without Premium Processing or a concurrent Adjustment of Status;
  • Filing Form I-140 with a concurrent Adjustment of Status;
  • Filing Form I-140 with a concurrent Adjustment of Status and Premium Processing;
  • Filing Form I-140 with a concurrent request for Premium Processing; and
  • Filing Form I-907 to upgrade a pending Form I-140.

Given the frequency of announcements by USCIS of forthcoming changes to filing addresses, filing fees and other administrative components of U.S. immigrant and nonimmigrant filings, employers should work with their legal departments or legal counsel to closely monitor the USCIS website for updates. Failure to file a petition with the correct address may necessitate a complete refiling of the petition, resulting in significant delays and unnecessary expenses.

This article was co-authored by Tieranny Cutler, independent contract attorney.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.