Does USCIS look at passport expiration when reviewing an I-140?

Generally, not as an approval criterion. When adjudicating the I-140 petition, USCIS focuses on whether the applicant meets the profile of the EB-1 category, meaning whether the achievements and qualifications presented support the requested classification. Passport validity is not the central point of this stage.

The passport is typically requested as an identification document and to confirm personal data, but the expiration date does not function as a direct requirement for the I-140 to be accepted. This changes in later stages: during consular processing or in the adjustment of status application, a valid passport becomes essential to move forward.

• In the I-140, the passport serves more for identification than as a merit criterion.
• Passport validity carries more weight during consular processing or in the adjustment of status.
• Keeping the document current avoids complications in later phases.

Since documentary requirements can vary by stage, the safest approach is to keep your passport up to date and check the current guidance from USCIS or an immigration professional throughout the process.

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.