Please email me at firstname.lastname@example.org if you need assistance in filing an FOIA request.
You can request copies of H1B/I-140 from USCIS by filing an FOIA (Freedom of Information Act). However, please note that there is no guarantee that you will obtain copies when you file an FOIA request. If USCIS is able to locate your records and it is acceptable to release such information, USCIS may release information on a CD when you file a request.
H1B Requests: Please file an H1B FOIA request only when you are sure that you actually have a case filed with USCIS, please do not attempt to file an FOIA request for an H1B Petition where you have applied for a Job with an Employer and you were offered a job. It does not necessarily mean that the Employer has filed your H1B Petition.
I-140 Requests: There is no guarantee that USCIS will send you information related to I-140 petition.
The best way to obtain above records is by approaching the H1B/I-140 employer.
You may write a letter LINK TO A SAMPLE LETTER with your Name, passport number, and case type. Please use a United States address as USCIS will send your case information in a Compact Disc. You can email or fax FOIA request to the following:
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Live Assistance: 1-800-375-5283
Fax (802) 288-1793 or (816) 350-5785
Although Notary is not required, it is a good idea to notarize the letter or form for authentication.
Please ensure you provide an email as USCIS will send you an email confirmation with a Unique Control Number. The control number will begin with the letters NRC, COW, APP, etc. and can be tracked at this Link
Alternatively, you may file FORM G-639 and it is not required. The form is little complicated, sending a simple letter is the best option. Please email me at email@example.com if you need assistance in filing an FOIA request.
How long does it take to obtain records?
USCIS takes up to 3 months to process your request, so file ASAP
I am not in the United States; can I still submit a request?
Yes, it’s better to use a local US address of a friend or relative
Will I get a copy of the I-797 Approval Notice?
No, USCIS may send you copies of forms with an Approval Stamp on the first page (if it was approved). These documents can be used for filing a new petition with USCIS. For example, filing an H1B as H1B Cap-Exempt.
Please post a comment with your Questions and I will reply. Thank you for reading.
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