What Is Form I-140?
Form I-140 (Immigrant Petition for Alien Workers) is the employer-filed petition that establishes your eligibility for an employment-based green card. It is required for EB-1B, EB-1C, EB-2, EB-3, and EB-2 NIW (self-petition) categories. The I-140 is the second step in the employment-based green card process (after PERM labor certification for EB-2 and EB-3, or filed directly for EB-1 and NIW).
I-140 Processing Times by Category (April 2026)
| Category | Regular Processing | Premium Processing |
|---|---|---|
| EB-1A (Extraordinary Ability) | 6-12 months | 15 business days ($2,805) |
| EB-1B (Outstanding Researcher) | 6-12 months | 15 business days ($2,805) |
| EB-1C (Multinational Manager) | 8-14 months | 15 business days ($2,805) |
| EB-2 (Advanced Degree) | 6-14 months | 15 business days ($2,805) |
| EB-2 NIW (National Interest Waiver) | 8-16 months | 15 business days ($2,805) |
| EB-3 (Skilled Worker/Professional) | 6-12 months | 15 business days ($2,805) |
Check current times at egov.uscis.gov/processing-times. Select Form I-140 and the appropriate service center (Texas or Nebraska).
Premium Processing: Worth Every Dollar
Premium processing costs $2,805 and guarantees a response within 15 business days. The response can be an approval, denial, RFE, or NOID — it is not guaranteed to be an approval. However, premium processing eliminates the 6-14 month uncertainty of regular processing. For most applicants, the $2,805 investment is absolutely worth it — a 15-day response vs a 12-month wait can mean the difference between capturing a current Visa Bulletin date or missing it.
What Happens After I-140 Approval
Once approved, your I-140 establishes your priority date — the date your PERM was filed (for EB-2/EB-3) or the date your I-140 was filed (for EB-1 and NIW). This priority date determines when you can file I-485 adjustment of status based on the Visa Bulletin. Use our Green Card Calculator to check if your priority date is current.
I-140 and Job Changes
Your I-140 is employer-specific — your employer filed it for a specific position. If you change employers, the old employer can revoke the I-140. However, if the I-140 was approved for 180+ days before revocation, your priority date is preserved under AC21 portability. This means you keep your place in line even if you move to a new employer. The new employer would need to file a new PERM and I-140, but can "capture" your original priority date.
Common I-140 RFE Issues
The most frequent I-140 RFEs involve the employer's ability to pay the offered wage (USCIS checks the company's financial capacity), the beneficiary's qualifications not matching the position requirements, insufficient evidence for EB-1A extraordinary ability or NIW national interest, PERM job description discrepancies with the I-140 petition, and credential evaluation issues for foreign degrees. Respond to RFEs within the deadline (typically 87 days) with comprehensive evidence.
Strategy: File I-140 with premium processing whenever possible. The $2,805 fee is a small fraction of the total green card cost and eliminates months of uncertainty. If your priority date is current when the I-140 is approved, you can file I-485 concurrently or immediately after — saving potentially years of total processing time.
Frequently Asked Questions
How long does I-140 take without premium processing?
Regular I-140 processing takes 6-16 months depending on the EB category and service center. Texas and Nebraska Service Centers handle all I-140 petitions.
Can I file I-140 and I-485 at the same time?
Yes, if your priority date is current on the Visa Bulletin. Concurrent filing saves significant time and allows you to get an EAD and Advance Parole while waiting.
What happens if my I-140 is denied?
Your employer can file a motion to reopen or reconsider, appeal to the Administrative Appeals Office (AAO), or file a new I-140 with stronger evidence. Your priority date from the denied I-140 is lost unless the denial is reversed.