I-140 Processing Times: Shorten Your Green Card Timeline

By Charmaine C. Rozario Reviewed by Richard T. Herman

Immigration Articles, Immigration Guides, 11 min read

If you’re looking to obtain permanent resident status in the United States through the employment based immigration process, Form I-140 (Immigrant Petition for Alien Workers) is a crucial step in the process. Understanding the costs, eligibility, processing times, and premium processing options will help you navigate the system effectively.

In this guide, we’ll cover everything you need to know, including:

The purpose of Form I-140
Factors that impact I-140 conventional processing times
Costs and premium processing fees
How to file Form I-140 and avoid delays
Additional resources to help streamline your immigration process

What is Form I-140?

Form I-140 is filed by U.S. employers on behalf of foreign workers to petition for employment-based immigrant visas (green cards). It verifies that:

A valid job offer exists for a foreign worker
The employer has sufficient funds to pay the offered wage
The foreign worker meets the qualifications for the role

Certain categories allow self-petitioning, meaning an individual can file an I-140 without an employer’s sponsorship.

Employment-Based Categories Eligible for Form I-140

EB-1 (Priority Workers)
- Individuals with extraordinary ability (scientists, artists, business leaders, etc.)
- Outstanding professors or researchers
- Multinational executives or managers
EB-2 (Advanced Degrees or Exceptional Ability)
- Workers with master’s degrees or higher
- Individuals with exceptional ability in arts, sciences, or business
- National Interest Waiver (NIW) applicants who benefit the U.S.
EB-3 (Skilled Workers and Professionals)
- Workers with bachelor’s degrees or skilled labor experience
- Unskilled workers in certain labor shortage occupations

I-140 Processing Time

Regular Processing Time

Conventional processing times for Form I-140 vary depending on:

USCIS service center handling the petition
Visa category (EB-1, EB-2, EB-3)
USCIS workload and backlog

On average, processing can take 4.5 to 14.5 months. The average processing time can be affected by factors such as case volume and policy changes. You can check estimated times for your petition using the USCIS Case Processing Times Tool.

Current Processing Times for I-140

Currently, the USCIS Service Centers in Nebraska and Texas handle all the I-140 petitions.

As of March, 2025, this is what USCIS is reporting on processing times for various I-140 petitions based on category:

I-140 Petition Type Min Processing Time (Months) Max Processing Time (Months)

—————————————————————————–

EB-1A 13.0 14.5

EB-1B 12.0 14.0

EB-1C 9.0 13.0

EB-2 7.5 8.5

EB-2 NIW 11.0 14.5

EB-3 Skilled 4.5 7.5

EB-3 Unskilled 8.5 10.5

Schedule A Nurses 12.0 12.5

The processing times above represent a significant jump from processing times in recent years.

Factors That Affect I-140 Processing Time

1. USCIS Workload and Backlogs

Delays can occur due to high application volumes and staffing shortages.

2. Priority Date and Visa Bulletin

The priority date is when USCIS receives your petition.
Your application cannot proceed until your priority date becomes current on the Visa Bulletin.

3. Type of I-140 Petition

EB-1 petitions (especially for extraordinary ability) typically process faster than EB-2 and EB-3 petitions.

4. Completeness of Petition

Missing documents or incorrect information can trigger a Request for Evidence (RFE), causing delays.

5. PERM Labor Certification

Required for EB-2 and EB-3 petitions (except for National Interest Waivers).
Can take 12-24 months before I-140 can be filed.
Employers should also consider the associated filing fee, which includes the base filing fee and any additional fees for premium processing.

Premium Processing Time

For an additional fee, USCIS offers premium processing services, which guarantee expedited adjudication for certain immigration petitions, specifically Form I-140, within 15 to 45 calendar days. If USCIS does not process the petition within that time, they refund the premium processing fee.

Cost of Form I-140

Filing Fees

Regular processing: $715 (paid by the employer)
Premium processing: $2,805 (optional, speeds up processing time)
Additional costs may include attorney fees, labor certification fees, and document translations

Premium Processing for I-140

What is Premium Processing?

Premium Processing is an expedited service offered by U.S. Citizenship and Immigration Services (USCIS) for certain immigration forms. This service allows applicants to receive faster adjudication of their applications for an additional fee. Premium Processing ensures that USCIS takes adjudicative action within a specified time frame, typically ranging from 15 to 45 business days, depending on the form type.

Who Can Use Premium Processing?

Eligible categories:

EB-1: Extraordinary Ability, Outstanding Professors, Multinational Executives
EB-2: Advanced Degree, Exceptional Ability (including NIW)
EB-3: Skilled and Unskilled Workers

What Happens in 15 Days?

Within 15 days, USCIS will:

✅ Approve the petition

🚨 Issue a Request for Evidence (RFE)

❌ Issue a Notice of Intent to Deny (NOID)

🔍 Investigate potential fraud or misrepresentation

If USCIS requests additional evidence (RFE or NOID), the 15-day clock restarts once the applicant submits the requested documents.

How to Request Premium Processing for Immigration Applications

Step 1: Complete the Required Forms

Download Form I-907 (Request for Premium Processing Service) from USCIS website.
Ensure you have the correct primary form (e.g. I-140).

Step 2: Verify Filing Locations

Pending applications: Submit Form I-907 to the appropriate USCIS lockbox or online.
New applications: Submit Form I-907 along with the primary form.
Check current USCIS addresses.

Step 3: Pay the Premium Processing Fee

Form I-140: $2,805 (15 business days).
Form I-140 (EB-1C and EB-2 NIW): $2,805 (45 business days).
Payments can be made via credit card, debit card, check, or money order.

Step 4: Submit Your Application

Online filing: USCIS online portal.
By mail: Ensure that all required documents, fees, and signatures are included.

What Happens After Filing?

Processing Timelines

USCIS guarantees processing within the designated timeframe or refunds the Premium Processing fee.
Possible outcomes include:
- Approval Notice
- Denial Notice
- Request for Evidence (RFE)
- Notice of Intent to Deny (NOID)
- Fraud Investigation
If additional evidence is required, the Premium Processing clock pauses until the requested documents are submitted.

Tracking Your Application

Check case status: USCIS Case Status Tool.

How Do I Contact USCIS for Premium Processing Issues?

Online Inquiry: e-Request Self-Service Tool.
Customer Service Hotline: 1-800-375-5283.
In-person appointment: Schedule via InfoPass.

How to File Form I-140

Step 1: Gather Necessary Documents

Ensure you have:

Job offer letter from the employer
Proof of employer’s financial ability (tax returns, bank statements)
Educational credentials of the foreign worker
PERM labor certification (if applicable)
Any additional evidence required for the visa category

Step 2: Submit the Form I-140

File electronically or by mail to the correct USCIS service center.
If using premium processing, submit Form I-907 and the $2,805 fee.

Step 3: Receive a Receipt Notice

USCIS will issue a receipt notice confirming they received the petition.

Step 4: Case Review and Decision

USCIS reviews the application and may issue an RFE if additional information is needed.
If approved, the priority date determines when the applicant can apply for Adjustment of Status (I-485) or Consular Processing to adjust status and obtain permanent residency.

I-140 Processing Times & Premium Processing FAQs

General I-140 Processing FAQs

1. What is the I-140 Immigrant Petition for Alien Workers?

The I-140 petition is a form used by U.S. employers to petition for an employment-based green card on behalf of foreign nationals. It is part of the permanent residency (green card) process.

2. What are the main categories of I-140 petitions?

I-140 petitions are filed under different preference categories:

EB-1: Priority Workers (Extraordinary Ability, Outstanding Professors/Researchers, and Multinational Executives/Managers)
EB-2: Members of Professions with Advanced Degrees or Exceptional Ability (including National Interest Waiver)
EB-3: Skilled Workers, Professionals, and Other Workers
EB-4: Certain Special Immigrants
EB-5: Immigrant Investors

3. What factors affect I-140 processing times?

Processing times depend on:

USCIS service center workload
Whether a labor certification (PERM) is required
Country of chargeability (priority date retrogression)
Completeness and accuracy of the petition
Whether the case is subject to an RFE (Request for Evidence)
Availability of premium processing

4. Where can I check current I-140 processing times?

You can check processing times at the USCIS Check Case Processing Times page: https://egov.uscis.gov/processing-times/

5. How long does it take for USCIS to process an I-140 petition?

Regular processing: The processing time for the I-140 Immigrant Petition, which is a crucial step in obtaining permanent resident status, ranges from 6 months to 2+ years, depending on the category and service center.
Premium processing: 15 calendar days.

I-140 Processing Times by Category

6. What is the processing time for EB-1 (Extraordinary Ability, Outstanding Professor/Researcher, and Multinational Manager)?

Regular processing: 6 to 12 months (varies by service center).
Premium processing: 15 calendar days.

7. What is the processing time for EB-2 (Advanced Degree, Exceptional Ability, National Interest Waiver)?

Regular processing:
- EB-2 PERM-based: 6-12 months (excluding labor certification time).
- EB-2 NIW (National Interest Waiver): 12-24 months.
Premium processing:
- EB-2 PERM-based: 15 calendar days.
- EB-2 NIW: Now eligible for premium processing (as of 2023), takes 45 calendar days.

8. What is the processing time for EB-3 (Skilled Workers, Professionals, Other Workers)?

Regular processing: 6-18 months (varies by service center).
Premium processing: 15 calendar days.

9. What is the processing time for EB-4 (Special Immigrants)?

Regular processing: 12-24 months.
Premium processing: Not available.

10. What is the processing time for EB-5 (Investor Visa)?

Regular processing: 12-36 months (varies based on workload).
Premium processing: Not available.

Premium Processing (Form I-907) FAQs

11. What is Premium Processing for I-140?

Premium Processing (Form I-907) allows petitioners to expedite their I-140 processing for a fee, ensuring 15 calendar days of processing (except for NIW, which takes 45 days).

12. How much does Premium Processing cost?

As of 2024, the Premium Processing fee is $2,805 for most I-140 petitions.
For NIW cases, the Premium Processing fee is $2,500.

13. Which I-140 categories are eligible for Premium Processing?

Premium Processing is available for:
✔️ EB-1A (Extraordinary Ability)
✔️ EB-1B (Outstanding Professors and Researchers)
✔️ EB-1C (Multinational Executives/Managers)
✔️ EB-2 (Advanced Degree/Exceptional Ability – PERM-based)
✔️ EB-2 NIW (Newly eligible; takes 45 days)
✔️ EB-3 (Skilled Workers and Professionals)

🚫 Not available for:
❌ EB-4 (Religious Workers, Broadcasters, etc.)
❌ EB-5 (Investor Visa)

14. Can I upgrade my pending I-140 to Premium Processing?

Yes, if your category allows Premium Processing, you can file Form I-907 even after the I-140 was originally submitted under regular processing.

15. What happens if USCIS does not process my case within 15 days under Premium Processing?

If USCIS does not adjudicate the I-140 within 15 calendar days (or 45 days for NIW), they will refund the Premium Processing fee and continue to process the case on an expedited basis.

16. If my I-140 is filed concurrently with an I-485, can I request Premium Processing?

Yes, but Premium Processing only applies to the I-140. Your I-485 (Adjustment of Status) will still be processed separately under normal processing times.

17. Can USCIS issue an RFE (Request for Evidence) during Premium Processing?

Yes. If an RFE is issued, the 15-day clock resets when USCIS receives the RFE response.

18. Can Premium Processing speed up an I-485, EAD, or Advance Parole application?

No. Premium Processing only applies to the I-140 petition. I-485, EAD, and Advance Parole applications are processed under their regular timelines.

19. What happens if my I-140 is denied after Premium Processing?

If denied, you can:

File a Motion to Reopen or Reconsider (Form I-290B).
File a new I-140 petition if eligibility requirements are met.

Premium Processing fees are non-refundable unless USCIS fails to process the petition within the required timeframe.

20. Can I request Premium Processing if my priority date is retrogressed?

Yes, but an I-140 approval does not affect priority date movement. Even with Premium Processing, if your priority date is not current, you must wait for visa availability.

Miscellaneous I-140 Processing & Premium Processing FAQs

21. Can I file multiple I-140 petitions under different categories?

Yes, it is possible to file multiple I-140 petitions (e.g., EB-2 NIW and EB-1A) to increase chances of approval.

22. If my I-140 is approved, can I change employers?

Yes, but under AC21 portability rules, you can change jobs while your I-485 is pending if the new job is in the same or similar occupation.

23. Does an I-140 approval give me work authorization?

No, I-140 approval alone does not grant work authorization. You need an EAD (Employment Authorization Document) or a valid work visa (H-1B, L-1, etc.).

24. What happens if my employer withdraws my I-140?

If withdrawn before 180 days of approval: Your priority date is lost.
If withdrawn after 180 days of approval: You retain your priority date for a future I-140.

How Herman Legal Group Can Help

Navigating the I-140 process can be complex, but you don’t have to do it alone. At Herman Legal Group in Cleveland, our experienced immigration attorneys specialize in employment-based petitions and are dedicated to guiding you through every step of the process. We can assist with:

Filing Form I-140 correctly to avoid unnecessary delays
Responding effectively to Requests for Evidence (RFEs)
Monitoring priority dates and providing insights on Visa Bulletin updates
Assisting with premium processing to expedite your case when eligible

Whether you’re an employer petitioning for a valued employee or a professional seeking to secure your future in the U.S., Herman Legal Group is here to provide trusted legal support. Contact us today to discuss your case and ensure a smooth I-140 filing process.

Additional Resources

🔹 USCIS Processing Times
🔹 Visa Bulletin – U.S. Department of State
🔹 Premium Processing FAQs

USCIS Case Inquiry

USCIS Form I-907 Page
USCIS Contact Center: 800-375-5283 (TTY 800-767-1833)