(a) Adjudication Procedures. Detailed procedures for the receipting and adjudicating of Form I-140 are set forth in the I-140 Standard Operating Procedures (I-140 SOPs).  

(1) Form. Employment-based petitions seeking classification under section 203(b)(1), section 203(b)(2), or section 203 (b)(3) of the Act are filed on Form I-140 (Immigrant Petition for Alien Worker) with the appropriate fee as specified in 8 CFR 103(a)(7).  

(2) Filing.  Form I-140 must be filed with the appropriate Service Center as specified in the instruction to that form.  If an immigrant visa is available for the petition’s priority date (see section (c) of this chapter), and the beneficiary is otherwise eligible for adjustment of status, an Application to Register Permanent Residence or Adjust Status (Form I-485) may be filed concurrently with the I-140 petition.  

(3) Initial Processing. Regardless of the classification sought, there are several common steps taken to initiate processing of the petition:                

• Verify that the fee has been paid;
• Verify that the signature in Part 8 matches the petitioner's name in Part 1;
• Check the classification in Part 2.  Some classifications allow that the alien or anyone on the alien's behalf may file the petition; others require that the employer file it. Check at this point to see that the petition has been filed by the correct person;
• Review the documentation to see that the alien qualifies for the classification requested and that any required labor certification is attached.  If documents are missing or insufficient to establish eligibility for the classification, process and issue a request for evidence (RFE) as provided for in 8 CFR 103.2(b)(8).  Be sure your request is as specific as possible to eliminate future additional RFEs.