I-140 Processing Time — Immigrant Petition for Alien Workers 2026

Last updated: July 22, 2026. Data refreshed weekly from USCIS.gov processing-time pages. USVisaStack is not affiliated with USCIS, the Department of Labor, or the Department of State.

I-140 Processing Times by Service Center

Source: USCIS.gov. Data updated regularly.

About I-140 — Immigrant Petition for Alien Workers

Form I-140 is used for: EB-1, EB-2, EB-3. Processing times vary by USCIS service center and petition volume.

Premium processing (Form I-907) is available for many I-140 petitions — it guarantees a decision within 15 business days for an additional fee (currently $2,965).

What Is Form I-140 and Who Files It?

Form I-140 (Immigrant Petition for Alien Workers) is the employment-based green card petition. A sponsoring employer files it on behalf of a foreign national worker — or the foreign national self-petitions for EB-1A (extraordinary ability) or EB-2 NIW (National Interest Waiver). The I-140 sets your priority date, which determines your position in the employment-based green card queue.

Premium processing ($2,965) is available for all I-140 categories and guarantees USCIS action within 15 business days. For workers approaching H-1B's 6-year limit or with a soon-to-be-current priority date, premium processing is often worthwhile.

Routes to I-140: EB-1A and EB-2 NIW allow self-petition without employer sponsorship. EB-1B (outstanding professor/researcher), EB-1C (multinational manager), EB-2 (advanced degree), and EB-3 (skilled worker) require employer sponsorship and typically a prior PERM labor certification.

What the I-140 Processing Time Means for Your Green Card Timeline

The I-140 is just step one. After approval, your priority date must become current on the Visa Bulletin before you can file I-485 (adjustment of status) or attend a consular interview. For workers from India and China in EB-2 and EB-3 categories, priority date backlogs can extend 10–20+ years beyond the I-140 approval itself.

Workers in H-1B status with an approved I-140 can extend H-1B beyond the standard 6-year limit in 1-year increments (if PERM was filed 365+ days before the 6-year cap date) or 3-year increments (if the I-140 priority date is not current). This protection makes filing I-140 early extremely valuable even if you are years from a green card.

What to Do While Your I-140 Is Pending

• Consider premium processing if approaching H-1B limits: An approved I-140 before your 6-year H-1B cap date unlocks multi-year H-1B extensions under AC21.
• Maintain employer sponsorship: For employer-sponsored petitions, ensure your employment relationship remains in good standing — a withdrawn I-140 means the petition is gone, though your priority date may be preserved.
• Monitor priority date retrogression: The Visa Bulletin can move dates backwards. Track monthly at travel.state.gov or sign up for USVisaStack Visa Bulletin alerts.
• Respond to RFEs immediately: Common I-140 RFEs involve prevailing wage documentation, specialty occupation descriptions, or source-of-funds issues for EB-5. The standard response window is 87 days.

Protecting Your Priority Date If You Change Jobs

Under AC21 Section 204(j), an approved I-140 preserves your priority date even if the sponsoring employer withdraws the petition — provided your I-485 has been pending for 180 or more days. You can change to any employer in the same or similar occupational classification without restarting the green card process.

If your I-485 has not been pending 180+ days and your employer withdraws the I-140, the petition is revoked and you lose that priority date. This is why filing I-485 as soon as your priority date becomes current is often strategically important — it starts the 180-day AC21 clock even before the green card is approved.