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I included my passport in the I-140 filing. Does USCIS keep it?

Contrary to what the question implies, the passport is not part of the I-140 filing, so USCIS does not retain it at this stage. Learn when the document actually becomes part of the process.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 21, 2026
1 min read
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It is worth clarifying the premise: the passport is not part of the I-140 filing. The I-140 is a petition that establishes the beneficiary’s eligibility for an employment-based green card category, and it is supported by evidence of that eligibility, not by your original passport.

Because the document is not part of this package, USCIS does not retain your passport during the I-140 adjudication. If you included a copy in a submission, it served only as supporting material and does not constitute retention of the original.

Your passport typically becomes relevant at later stages of the process, such as the consular appointment, where it is used to receive the immigrant visa, or during a document review at an interview, where it is examined and returned.

If you have received any communication about documents, always follow the official USCIS notices and, if in doubt, confirm the procedures through the official source or with an immigration professional.

Learn more about EB-1

Category
EB-1 Green Card (1st priority)
Requirement
Extraordinary ability
Self-petition
Allowed (no sponsor needed)
Processing
6-18 months
All about EB-1

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.

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I included my passport in the I-140 filing. Does USCIS keep it?

Contrary to what the question implies, the passport is not part of the I-140 filing, so USCIS does not retain it at this stage. Learn when the document actually becomes part of the process.

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