You can use USCIS FOIA request form G-639 to get I-140 information.
USCIS FOIA request (Freedom of Information request Act) is the answer to question “How to get i-140 copy from USCIS” if your employer is not sharing.
FOIA Filing fees
Filing fees for FOIA is $0 (zero). Its free with some conditions.
For your I-140 document request, you will most probably will NOT be required to pay anything.
Please do NOT send any fees payment at the time of your request. After receipt of your FOIA request, USCIS will contact you if any fees are required.
Except for commercial requests, the first 100 pages of reproduction and the first 2 hours of search time are provided without charge.
Thereafter, requests processed may incur fees of 10 cents per page for duplication.
Fees are charged if the combined cost for searches, duplication, and/or review is more than $14, and by submitting Form G-639, you agree to pay for fees up to $25.
#1 FOIA Request Online – USCIS FIRST Site
USCIS FIRST system allows FOIA request to be made online. You will get an email your records are ready for download online in your account.
Create an account on USCIS website and link it to your case, you will be able to log in to the digital delivery center to view and download the records you requested. If you are already registered on USCIS website, you can login and link the case to your existing account.
#2 File FOIA by Postal Mail
Send a postal mail with form G-639 for Freedom of Information Act/Privacy Act Request.U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P.O. Box 648010
Lee’s Summit, MO 64064-8010
#3 FOIA Request by Email
Email OR FAX are also acceptable as a valid FOIA request by USCIS. Fill the same form G-639, get it notarized and then scan and send it to email address or FAX it.USCIS Contact Center: 800-375-5283 or TTY 800-767-1833
Fax: 802-288-1793 or 816-350-5785
Sample G-639 form for I 140 – pre-filled
This sample pre-filled FOIA request gets you i140 approval notice and receipt number directly from USCIS without informing your employer.
Open link in new window.
You can use this same FOIA request to get other immigration records too.
USCIS FOIA Request Status Track – I140
FOIA request for i140 processing time is 1.5 months.
I-140 request is considered a simple request and hence falls in TRACK-1 request.
USCIS FOIA Request Control Number Status
USCIS sends an acknowledgement of FOIA application receipt by paper mail with FOIA control number (receipt number) to track your application status.
USCIS might first send a mail letter with UNC number in case they need more info about your identity. The UNC number is converted to NRC number after they have verified your identity. You will receive another mail letter with NRC number and PIN.
The USCIS FIRST (online account) is useful only after you get NRC number and PIN so as to register and receive the document online.
It can take up to 3 weeks for the mail to arrive. Use FOIA request control number (NRC) to check the status here on USCIS FOIA website.
Is Alien registration number mandatory?
Alien number is not required for FOIA request. But, it is better to provide as much information as possible to USCIS for easy search of your record.
For the primary beneficiary of I-140 application, the Alien number will be written on the I-140 approval form itself. Where is my A number?
Sample i797 approval looks like this for I140 applications:
Open link in new window.
Hence, it is possible that you do not have it with you. This is fine and you should leave the field as blank in that case.
If the primary I-140 beneficiary has the EAD, then the Alien number can be found on EAD card mentioned as USCIS#.
Documents required for G-639 form
There are no supporting documents required for FOIA request and form G-639 request.
But, I strongly recommend to send a notarized copy of your passport or your driving license to help USCIS check your identity.
Many times, USCIS rejects the FOIA request simply because they cannot verify your identity.
The notary is not required for form G-639.
We recommend getting notary on G-639 to prove your identity and faster processing. In-fact, you should sign the form in front of NOTARY.
If you do not want notary, just sign yourself ‘under penalty of perjury‘.
You can file USCIS FOIA request to get i140 information online using USCIS FIRST website. It is fast and more reliable than email or mail requests.
Once your i140 request has been completed, USCIS makes the i140 receipt copy available for download online on FIRST website electronically.
USCIS FOIA filing fees is zero (0) dollars.