I recently submitted an I-140 petition under the EB-2 NIW category, which does not require a labor certification. However, I received a rejection notice stating that my petition was rejected due to the absence of a valid labor certification and because I used an outdated I-140 form. Could you please provide guidance on how to proceed? 1. Would it be acceptable to refile the petition using the correct I-140 form without a labor certification, as NIW petitions do not require one? 2. USCIS returned my original petition with stamps indicating the received dates. Am I allowed to reuse this original petition when refiling, or do I need to submit entirely new documents?

User's Location: Silver Spring, Alabama, United States of America

Category: Employment-based Green Card