I-140Employment-Based Green Card

I-140 Timeline: How Long Does Immigrant Petition for Alien Workers Take?

Form I-140 is usually an employer-filed petition that establishes eligibility for an employment-based green card. EB-1A extraordinary-ability and EB-2 National Interest Waiver applicants may self-petition. Approval does not grant a green card; visa availability and the next required step still control.

Timing guidance

Standard processing: use the official USCIS selector for the exact classification and office. Eligible premium processing uses 15 or 45 business days, depending on classification.

Stage-by-stage breakdown

1
Employer files petition

Your sponsoring employer submits I-140 with supporting documentation proving your qualifications and the job offer. For EB-2 and EB-3, a certified PERM labor certification must typically be included.

Preparation and receipt timing vary; follow the USCIS account and mailed notice
2
USCIS adjudication

USCIS reviews the petition, verifies qualifications, and may issue an RFE (Request for Evidence) requiring additional documentation.

Standard: official USCIS selector · Eligible premium: 15 or 45 business days, depending on classification
3
Approval

USCIS approves the petition and issues an approval notice. The priority date was set by the labor-certification filing date when one was required, or otherwise by the properly filed I-140 petition date. Visa availability then determines when you can file I-485 or go through consular processing.

The decision notice controls the result and next steps

Key things to know

  • 1Form I-140 has a base filing fee and may require a separate Asylum Program Fee; premium processing has its own fee. Verify every applicable amount in current Form G-1055 before filing.
  • 2An employer files most I-140 petitions. The principal self-petition exceptions are EB-1A extraordinary ability and EB-2 National Interest Waiver. Priority-date retention and portability depend on the classification and facts; get advice before changing employers.
  • 3Premium processing requires qualifying adjudicative action within the applicable 15- or 45-business-day period, depending on the I-140 classification. That action can be an RFE rather than approval. The applicable period restarts once USCIS receives your response.
  • 4For an employment case requiring labor certification, the priority date is generally the date the labor-certification application was filed with DOL. If no labor certification was required, it is generally the date USCIS properly filed the immigrant petition. Use the priority date printed on the controlling notice.
  • 5If you change employers after your I-140 has been approved for 180+ days and your I-485 has been pending for 180+ days, you can "port" to a similar job without losing your priority date (AC21 portability).
  • 6EB-1A extraordinary-ability and EB-2 National Interest Waiver applicants may self-petition. Other EB-1 classifications, including outstanding professor/researcher and multinational manager/executive, are employer-filed.
  • 7I-140 approval alone does NOT allow you to work for the sponsoring employer or anyone else. You must still either file I-485 (if inside the U.S.) or go through consular processing abroad.

Related forms

I-485: Application to Register Permanent Residence or Adjust Status →I-765: Application for Employment Authorization →I-907: Request for Premium Processing Service →

Frequently asked questions

What is premium processing for I-140?
Premium processing is an optional service that costs $2,965 (as of the March 1, 2026 USCIS fee update) and requires qualifying adjudicative action within the applicable 15- or 45-business-day period, depending on the I-140 classification. The action can be an approval, denial, or RFE. If USCIS misses the applicable period, follow the current Form I-907 refund and continued-service rules.
Does I-140 approval mean I can work?
No. I-140 approval only confirms your eligibility category and priority date. To get work authorization, you must separately obtain an EAD (Form I-765), which requires either a pending I-485 or other qualifying basis. I-140 approval alone grants no work authorization.
What is a priority date and why does it matter for I-140?
For an employment case requiring labor certification, the priority date is generally the date the labor-certification application was filed with DOL. If no labor certification was required, it is generally the date USCIS properly filed the immigrant petition. Use the priority date printed on the controlling notice. The Visa Bulletin tracks whether a visa number is available for the category and chargeability area.
What happens if I change employers after I-140 is approved?
Under the AC21 portability law, if your I-485 has been pending for 180+ days and your I-140 has been approved, you can change to a same or similar occupation at a new employer without losing your place in line. Your priority date is preserved. The original I-140 approval remains valid for priority date purposes even if the sponsoring employer withdraws it after 180 days.
How does I-140 relate to I-485?
I-140 is the employment-based immigrant petition; I-485 is the adjustment application. They are separate steps. When a visa number is available under the chart USCIS authorizes for filing, an eligible applicant may file I-140 and I-485 together or file I-485 after the I-140 is approved. Immediate-relative rules do not determine employment-based I-140 concurrency.

Statuses to watch

When your I-140 moves through stages, you may see these status updates on my.uscis.gov. Click any to learn what it means.

Case Was Received →Case Was Approved →
⏱Processing times for I-140Current USCIS estimates by service centerSee recent anonymous activityCommunity Pulse: recent user-reported changes, shown only when enough data exists
Official USCIS page for I-140
Forms, instructions, and filing fees directly from USCIS.
uscis.gov →

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GreenLight is an independent tool and is NOT affiliated with USCIS, DHS, or any U.S. government agency. Nothing on this page constitutes legal advice. Timing depends on the filing category, office, notices, and case-specific facts. Always consult a licensed immigration attorney for advice specific to your situation. Verify all information at uscis.gov.