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.
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
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.
USCIS reviews the petition, verifies qualifications, and may issue an RFE (Request for Evidence) requiring additional documentation.
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.
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
Frequently asked questions
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.
Got a USCIS status update you don't understand? GreenLight decodes it in plain English (free).
Decode your status update →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.