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Last Updated On: December 28, 2023 | Published On: September 22, 2022
A green card represents a significant investment, so it makes sense that you would want to know everything about the process–including how long it will take. A large part of the time it takes to get an employment-based green card is the I-140 processing time, which isn’t the same for everyone. Find out what goes into this versatile form and what you can do to speed up the process.
The processing time for the I-140 varies widely depending on several factors. As of the time of this post the I-140 processing time is over a year. The first factor that affects processing times is the priority date of the petition. If you are not familiar with priority dates, it is the date that the USCIS receives your petition. In order to have a visa number become available for your petition, your priority date will need to be “current” with the final action dates given in the Department of State’s monthly visa bulletin.
These final action dates are broken up based on green card preference level as well as the country of origin and can move forward, backward, or remain locked. If your preference level is oversubscribed by others from your country of origin, you may find that your final action date will not see any movement or will move backward (retrogress). Once the final action date matches or passes your priority date, you will be able to move forward with consular processing or adjustment of status.
Learn about Changing Jobs After I-140 Approval.
If your priority date will not be current for several years, the USCIS might not begin to process your petition until the final action date gets closer to your priority date, which could add those years to your I-140 processing time.
The second factor that can influence the time it takes for your petition to be approved is the service center that is responsible for its processing. If the center has a large caseload, it may take longer than if the caseload is lighter. The field office you get assigned is based on the applicant’s zip code. The offices that handle cases from larger cities receive more work to process and therefore take longer. To determine which field office will be handling your case, you can use the field office locator tool (at the bottom of the page).
You can check the most up-to-date I-140 processing time for the designated center handling your case by using the USCIS Check Case Processing Time tool. Below are the processing times as of February 2023.
First select I-140, Immigrant Petition for Alien Workers, under Form. Then select the appropriate Form category under that section.
You can choose from:
In the last window, select the field office or service center then click ‘Get processing time’. Again, I-140 approval time will vary so discuss the most accurate time frame with your immigration attorney.
Lastly, a Request for Evidence (RFE) can add weeks or even months to your petition’s processing time. Think of an RFE as a second chance to bolster your case with missing documentation and avoid rejection or denial. When the USCIS sends an RFE, you will have a limited window of time to respond. There are a few ways that you can respond to an RFE:
The first thing you should do once you receive an RFE is to bring it to your immigration attorney to make sure that you make the best decision and your evidence is submitted on time.
What is the I-140 Form?
Also known as the Immigrant Petition for Alien Worker, the I-140 form is the document used to file an employment-based green card petition with the United States Citizenship and Immigration Services (USCIS). Employers who are interested in hiring foreign nationals for a permanent position are required to file this form to establish their eligibility.
Apart from employers, foreign professionals that qualify for EB-1A extraordinary ability or EB-2 National Interest Waiver can also file the I-140 to self-petition the USCIS for a green card. There is a lot that goes into the I-140 processing, which requires both the employer and employee to fulfill certain requirements. If the instructions are not followed, the petition may be rejected, delayed, or denied.
Many times we recommend preparing the I-140 well ahead of time so it can be ready to go once the PERM is certified. If an immigrant visa is available or if you need to wait for one to be available (depends on which green card category you’re applying for as well of your country) then when the priority date becomes current and the PERM is approved, you’ll e able to file both the I-140 and I-485 together.
If six months is too long to wait for your I-140 processing time, there are a few ways to help shorten it.
The first way is through I-140 premium processing. This optional service is provided for certain visas and green cards that make use of the I-129 and I-140 petitions. With an additional fee and an I-907 form, you can opt to have your petition’s processing time expedited.
While the regular I-140 process can take several months, with the premium processing service, your petition will be processed within 15 calendar days. This means the USCIS will make a decision on your case within 15 days and you will know the results of the decision sooner. Within those 15 days, you will receive one of these decisions: an approval notice, a denial notice, a request for further evidence (RFE), a notice of intent to deny (NOID), or notice requesting to commence an investigation for misrepresentation or fraud. If you receive an RFE or NOID, you will need to provide the information requested within the specified period given in the notice. Once you make the required information available, the USCIS will begin a new period of 15 calendar days for premium processing.
However, if the USCIS fails to process your petition in 15 days after you have submitted your I-907, then you will receive a refund. It is worth noting that not all employment-based green cards allow for premium processing. Specifically, it cannot be used for the EB-1C or EB-2 with a National Interest Waiver.
The I-907, Request for Premium Processing can be submitted together with the I-140 by the petitioner. However, if you have already submitted your I-140, you can still file the I-907 to expedite the pending petition. But if the USCIS has already issued a final decision on your petition, you can no longer use premium processing. Bear in mind that the I-907 request for I-140 premium processing can only be filed by the petitioner of the I-140 petition. This means only an employer, self-petitioning beneficiary, accredited representative or attorney can file the I-907.
If you are in a situation where your petition will not be processed until your priority date is closer to being current, then one way to shorten the I-140 processing time is to “port” your green card status.
While it seems like a simple transition, “porting” is much more involved than it sounds. In fact, it’s not really even porting. If you obtain the qualifications for a green card of a higher preference level and you also get a new position that requires those qualifications, you may be able to have your employer file a new petition for the higher preference level while retaining your original priority date.
Sound confusing? Here is an example:
Anala is a junior web developer from India with a bachelor’s degree who has a pending petition for an EB-3 visa. Because she has to wait almost a decade for her green card, she decides to study and obtain her master’s degree. When she gets her degree, she is promoted to senior web developer within her company. She then asks her employer to submit a second petition for an EB-2 green card now that she fulfills the requirements and has obtained a new position. Her employer indicates on the new petition that the original priority date should be retained, which reduces her I-140 processing time by several years.
Remember that you almost always need to have obtained a new position in order to qualify for the next preference level. Porting a green card is not necessarily a common practice and should not be attempted without the help of an experienced attorney.
While the I-140 is exclusively for employment-based green cards, that doesn’t mean that all of these green cards make use of it. These employment-based green card applications are in different categories, based on each applicant’s qualifications, experience, and achievements. Here are the immigrant visas that use the I-140:
The I-140 can be used for foreign professionals who qualify for any of these three EB-1 categories – EB-1A, EB-1B, and EB-1C.
EB-1A: To qualify for the EB-1A green card, you must demonstrate that you possess extraordinary achievements in science, education, arts, athletics, or business, through international or national recognition. If you can meet the eligibility criteria, you will be able to self-petition, meaning you will not need a U.S. employer to file the I-140 for you.
EB-1B: The EB-1B green card is for outstanding professors and researchers. This category requires applicants to demonstrate national or international recognition for their outstanding achievements in a particular academic field.
EB-1C: The EB-1C green card is for certain multinational executives and managers. The applicant must have worked at a foreign office of the sponsoring company for at least one year in the three years preceding the I-140 petition filing date. For both the EB-1B and EB-1C, the I-140 must be filed by a U.S. employer. You cannot self-petition as an employee or beneficiary.
The EB-2 green card is also divided into three categories, which are: advanced degree holders, those with exceptional ability, and those who qualify for a National Interest Waiver. It tends to have a longer processing time than the EB-1 in that it requires a PERM Labor Certification approval from the Department of Labor (DOL). For both the advanced degree and exceptional ability categories, your green card application must be sponsored by an employer. The employer must first process and obtain an approved PERM Labor Certification before they can file an I-140 petition on your behalf.
But if you qualify for an EB-2 NIW green card, you can bypass the Labor Certification requirement and also self-petition your I-140. With this privilege, the overall processing time for your employment-based green card may be substantially reduced. However, premium processing will no longer be available.
The EB-3 green card is also broken into three categories of applicants, which are: skilled workers, professionals, and unskilled workers. All three of these categories require both a PERM Labor Certification and a permanent full-time job offer from a U.S. employer.
Other employment-based green cards like the EB-4 and EB-5 use separate petition forms and so are not relevant to this post. Check with your immigration attorney if you are pursuing either of these two to find out what your processing time will be.
How to Expedite the I-140 Processing Time
Whether you are using the regular method or the premium processing service, the best way to avoid delays and expedite your petition is to file your I-140 properly. If necessary information and supporting documents are not provided, you may receive an RFE or NOID from the USCIS.
This may significantly prolong the processing time than anticipated. It may also lead to outright denial. We recommend that you work closely with your immigration attorney to avoid potential hitches and red flags. The following are some of the factors to take note when filing your I-140:
VisaNation Law Group’s immigration lawyers have years of experience helping qualified individuals immigrate to the U.S. They take care of the entire process from matching your qualifications to the right green card to filing your petition and making sure that all obstacles are handled professionally.
If you would like to speak with one of VisaNation Law Group’s immigration attorneys to start your road to a green card, schedule a consultation.
Like any aspect of U.S. law, immigration is a tricky and complicated process that can easily sap you of your time, energy, and resources if you're not careful. That's why it is always best to have a guide that can help you avoid common mistakes and fight on your behalf if complications arise. We specialize in employment-based immigration. So whether you need to know how long your I-140 processing time will be or you need to deal with an unexpected RFE, we'll be by your side every step of the way. VisaNation Law Group's experienced attorneys can help you achieve your immigration goals.
Tags: EB-2, Premium Processing, Processing Time
