Does USCIS look at the passport expiration date on the I-140?

When dealing with EB-1 visas and immigration matters, it is important to understand that each step of the process involves a specific review of the submitted documents. A common question is whether USCIS examines the passport validity when evaluating the I-140 petition. In most cases, the I-140 petition – which is the immigrant classification request based on employment – does not rely on the passport validity. The focus of this review is to verify if the candidate meets the specific criteria of the EB-1 category, demonstrating extraordinary abilities, notable achievements, or exceptional qualifications in their field.

Generally, USCIS requests passport copies to confirm identity and personal information, but it does not strictly check the expiration date as a direct requirement for accepting the I-140 petition. It is important to note that although the passport is not a critical factor for I-140 approval, it becomes an essential document in later stages of the immigrant process. For example, when it is time for consular processing or adjustment of status (I-485, where applicable), the passport must be valid for the candidate to proceed.

Therefore, it is recommended to keep documentation up to date and renew the passport before it expires or nears expiration, thus ensuring continuity of the process without unexpected issues. Following USCIS rules and guidelines is always crucial, as well as being cautious of messages or offers that promise miraculous solutions without proper legal backing.

Seeking information from reliable sources and, if necessary, consulting specialized professionals can help avoid mistakes and possible complications in the immigration process. Acting in an informed manner and aligned with United States laws is an important step toward success in any migration procedure.

In summary, while the passport expiration date is relevant for future stages of the process, USCIS does not use it as a main criterion for approval when reviewing the I-140 petition specifically.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.