I-140Employment-Based Green Card

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

Form I-140 is the employer-sponsored petition that establishes your eligibility for an employment-based green card. Your employer files it on your behalf. Approval does not grant a green card. It reserves your place in line and establishes your priority date.

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 is established. Visa number availability now 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.
  • 2Your employer files I-140, not you. However, your priority date belongs to you and is portable if you change employers under certain conditions (AC21 portability).
  • 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.
  • 4I-140 approval establishes your priority date: the date USCIS received the petition. This date determines your place in line for a visa number on the Visa Bulletin.
  • 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-1 (extraordinary ability, outstanding professors, and multinational managers) and EB-2 National Interest Waiver applicants can self-petition (no employer sponsor required).
  • 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?
Your priority date is the date USCIS received your I-140 petition. For employment-based categories with high demand (especially EB-2 and EB-3 from India and China), there are more approved petitions than available visa numbers each year. The Visa Bulletin tracks which priority dates are currently eligible. Applicants with earlier priority dates get their green cards first.
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 petition that establishes your eligibility and priority date. I-485 is the actual green card application you file once your priority date is current. They are two separate steps. If you are abroad, instead of I-485 you go through consular processing. I-140 must be approved (or concurrent-filed if you are an immediate relative) before I-485 can be filed.

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 real timelinesCommunity pulse: how long cases are actually taking
Official USCIS page for I-140
Forms, instructions, and filing fees directly from USCIS.
uscis.gov →

Got a USCIS status update you don't understand? GreenLight decodes it in plain English (free).

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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.