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USCIS Accepts Refiling of Rejected Forms I-140 with E-certification or Electronically Reproduced Signatures


On March 20, 2020, U.S. Citizenship and Immigration Services announced it would accept electronically reproduced signatures in benefit requests during the coronavirus (COVID-19) national emergency. Similarly, on March 24, 2020, the Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) announced that ETA Forms 9089, Application for Permanent Employment Certification (ETA 9089), will be issued electronically to employers and their authorized attorneys or agents.

USCIS inadvertently rejected some Forms I-140, Immigrant Petition for Alien Workers, that included these e-certified ETA-9089s or blue ETA-9089s with electronically reproduced signatures.  

USCIS asks affected petitioners to resubmit their Form I-140 with the blue ETA Form 9089s or e-certified ETA-9089s with either wet original signatures and/or scanned copies of the original signatures as well as a copy of the rejection notice. In the event the petitioner’s inadvertently rejected ETA-9089 expired between March 20 and May 18, 2020, USCIS will accept the re-filed Form I-140 petition along with the inadvertently rejected, expired ETA-9089 during the national emergency.