I-140 Processing Time and Premium Processing: What Employers and Employees Should Know
— Key Takeaways Form I-140 is the immigrant petition filed by an employer (or self-petitioner) for an employment-based green card. Processing times vary by EB category: EB-1, EB-2, EB-3, and NIW each have different timelines. Premium processing is available for the I-140, guaranteeing an initial action within 15 business days for most categories. After approval, the I-140 establishes your priority date, which determines when you can file your I-485 or pursue consular processing. I-140 portability allows you to retain your priority date even if you change employers, under certain conditions. For foreign nationals seeking employment-based green cards, the Form I-140, Immigrant Petition for Alien Workers, is a critical step in the process. Whether you are an exceptional researcher, a skilled professional, or a multinational executive, understanding the I-140 processing time—and the availability of premium processing—can help you plan your immigration timeline effectively. This guide covers what the I-140 is, who files it, current processing time expectations for each employment-based category, premium processing availability and fees, and what happens after your I-140 is approved. We also discuss important topics like I-140 portability and priority date retention. What Is Form I-140? Form I-140, Immigrant Petition for Alien Workers, is the petition used by U.S. employers (and in some cases, self-petitioners) to sponsor a foreign national for an employment-based green card. The I-140 establishes that the beneficiary meets the qualifications for the requested employment-based category and that the employer has the ability to pay the offered wage (where applicable). The I-140 is typically filed after the completion of the PERM labor certification process (for EB-2 and EB-3 categories that require it). For EB-1 categories and National Interest Waiver (NIW) petitions, no labor certification is required. Who Files the I-140? In most cases, the U.S. employer files the I-140 on behalf of the foreign national employee. However, there are exceptions: EB-1A (Extraordinary Ability): The foreign national may self-petition—no employer sponsor is required. EB-2 NIW (National Interest Waiver): The foreign national may self-petition, demonstrating that their work is in the national interest. EB-1B (Outstanding Researchers/Professors): The employer files on behalf of the researcher or professor. EB-1C (Multinational Managers/Executives): The U.S. employer files on behalf of the transferring manager or executive. EB-2 and EB-3 (with PERM): The employer files after obtaining an approved PERM labor certification. I-140 Processing Times by Category I-140 processing times vary depending on the employment-based category and the USCIS service center handling the petition. Below is a general overview. Always verify current times on the USCIS processing times tool. EB Category General Processing Range (Without Premium) EB-1A (Extraordinary Ability) Several months; varies by service center EB-1B (Outstanding Researcher/Professor) Several months; varies by service center EB-1C (Multinational Manager/Executive) Several months; varies by service center EB-2 (with PERM) Several months; varies by service center EB-2 NIW (National Interest Waiver) Often longer due to case complexity; may take a year or more EB-3 (Skilled Workers, Professionals) Several months; varies by service center NIW petitions tend to take longer because they involve a more complex adjudication process. The petitioner must demonstrate that the proposed endeavor has substantial merit and national importance, and that the petitioner is well positioned to advance the endeavor. Premium Processing: Availability, Fees, and Timeframes Premium processing (Form I-907) is available for I-140 petitions across most employment-based categories. This service provides an expedited adjudication timeframe. How Premium Processing Works When you file Form I-907 alongside your I-140, USCIS guarantees an initial action on your case within a specified period. The initial action can be: An approval A denial A Request for Evidence (RFE) A Notice of Intent to Deny (NOID) If USCIS issues an RFE or NOID, the premium processing clock resets after you submit your response. Premium Processing Timeframes For most I-140 categories, the premium processing timeframe is 15 business days. However, USCIS has introduced different timeframes for certain categories: EB-1 and EB-2 (with PERM): Typically 15 business days EB-2 NIW: May have a longer adjudication window (check USCIS for current timeframes) EB-3: Typically 15 business days Premium Processing Fees The premium processing fee for the I-140 varies. USCIS periodically adjusts this fee. As of the most recent fee schedule, the fee depends on the petitioner classification and employer size. Always check the current fee on the USCIS website before filing, as fees are subject to change. The fee is paid in addition to the standard I-140 filing fee. How to Check Your I-140 Status You can check the status of your I-140 petition through: USCIS Case Status Online: Enter your receipt number at uscis.gov/casestatus. USCIS Online Account: Your employer or their attorney may be able to track the case through their USCIS account. Your immigration attorney: If the petition was filed through an attorney, they can check the case status and provide updates. Responding to a Request for Evidence (RFE) If USCIS issues an RFE on your I-140, it means the adjudicating officer needs additional documentation or information before making a decision. Common reasons for I-140 RFEs include: Insufficient evidence of the beneficiary’s qualifications Questions about the employer’s ability to pay the offered wage Incomplete documentation of the beneficiary’s work experience or education For EB-1A or NIW cases, insufficient evidence of extraordinary ability or national interest Responding thoroughly and on time is critical. A strong RFE response can mean the difference between approval and denial. Working with an experienced immigration attorney on your RFE response is strongly recommended. What Happens After I-140 Approval Once your I-140 is approved, the next steps depend on visa number availability: If a visa number is immediately available: You (or your attorney) can file Form I-485 to adjust status, or you can begin consular processing. If a visa number is not yet available: You must wait until your priority date becomes current on the Visa Bulletin before proceeding with the I-485 or consular processing. The I-140 approval also establishes your priority date—the date your underlying petition (PERM application or I-140, depending on the category) was filed. This date determines your place in the visa