Can I update evidence after submitting the I-140?

As a rule, there is no voluntary ‘update’ of evidence once the I-140 has been filed. For this reason, in the EB-1 process, the ideal approach is to gather and organize the complete body of evidence before submission, since the petition is evaluated based on what was presented at filing.

The natural opportunity to add documents typically arises when the USCIS issues an RFE (Request for Evidence). When responding to an RFE, you may include supplemental or updated documents and, where relevant, present significant achievements that occurred after filing, as long as they relate to the criteria under review.

• Once filed, the I-140 does not receive spontaneous updates to evidence.
• An RFE is the typical moment to include new or supplemental evidence.
• Preparing a complete dossier before submission reduces the need for corrections later.

Because the procedure has its own rules, if a significant new development arises it is worth confirming the appropriate course of action with the USCIS or an immigration professional before sending any document outside of a formal request.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.