I-140 processing time

Short answer

USCIS took a median of 3.9 months to decide I-140 petitions between April and June 2026, counting all employment categories together. With premium processing, USCIS must act within 15 business days for most categories and 45 business days for E13 managers and national interest waivers, for a $2,965 fee. After approval, your priority date and the Visa Bulletin decide when you can file for the green card.

Updated · Sources

What the data says today

USCIS publishes one I-140 line in its quarterly report. It does not split it by EB-1, EB-2 or EB-3, or by premium and regular processing.

MeasureI-140 figurePeriod
Median time to decide3.9 monthsApr–Jun 2026
Received62,932Apr–Jun 2026
Decided (approved + denied)45,044Apr–Jun 2026
Pending203,204Apr–Jun 2026 report

Source: USCIS, All Forms by Quarter, FY2026 Q3. Of the 45,044 decisions, 37,975 were approvals and 7,069 were denials. That is a denial share of 15.7% (our calculation: denials divided by decisions). The median covers cases USCIS finished in the quarter, so cases still waiting are not in it.

The monthly report to Congress for August 2026 has no I-140 line, so there is no recent average to compare. Because premium cases count in the same median, a regular case can take longer than 3.9 months. For the time USCIS shows for your category and service center, use its processing times page. It sits behind a security check, so we link it and do not copy it.

Premium processing for the I-140

Premium processing is a paid promise that USCIS will act on the petition within a set number of business days. “Act” means an approval, a denial, a request for evidence (RFE), a notice of intent to deny, or opening a fraud investigation. It does not promise an approval.

CategoryWho it coversPremium clock
E11, E12Extraordinary ability; outstanding professors and researchers15 business days
E21 (not NIW)Advanced degree or exceptional ability15 business days
E31, E32, EW3Skilled workers, professionals, other workers15 business days
E13Multinational executives and managers45 business days
E21 NIWNational interest waiver45 business days

Source: USCIS premium processing page, checked Nov. 4, 2026. For E31 and E32, USCIS adds “if designated as available”.

How the clock works, per that page:

  • It starts when USCIS receives a properly completed Form I-907 at the correct address.
  • An RFE or a notice of intent to deny stops and resets it. A new period starts when USCIS receives your response.
  • Only the petitioner, or a self-petitioner, can request it. The beneficiary can pay the fee but cannot sign or file the I-907.
  • If you file the I-140 and the I-907 together, you must file by mail (I-140 page).

The fees on the current G-1055 fee schedule (edition 10/26/26):

ItemFee
Form I-140$715 on paper, $665 online
Asylum Program Fee with an I-140$600; $300 for a small employer or self-petitioner; $0 for a nonprofit
Form I-907 with an I-140$2,965, paid separately from other fees

Your priority date and the Visa Bulletin

An approved I-140 does not make you a permanent resident. It puts you in line, and your place in line is the priority date (USCIS visa availability):

  • With a PERM labor certification: the date DOL accepted it for processing. See PERM processing time.
  • Without one (for example E11 or NIW): the date USCIS accepted the I-140.

USCIS prints the priority date on the I-797 notice. Each month the State Department’s Visa Bulletin lists cut-off dates by category and country. It has two charts: Final Action Dates and Dates for Filing. USCIS says each month which one applies to I-485 filings. For November 2026, its filing charts page says all employment-based categories must use the Dates for Filing chart (checked Nov. 4, 2026). A “C” means current. A “U” means no visas are available. Dates can also move back.

USCIS says employment-based visas are limited to 140,000 a year, with per-country limits. That is why two people with the same approved I-140 can wait very different times.

After approval: I-485 or the NVC

  • Inside the U.S. You file Form I-485, together with the I-140 if a visa number is available, or later when your date is reached (concurrent filing). Employment-based I-485s had a median of 6 months in April to June 2026, and an average of 11.8 months in August 2026 (I-485 processing time). An average and a median measure different things over different periods, so do not subtract one from the other.
  • Outside the U.S. The approved petition goes to the State Department’s National Visa Center, then to a consulate interview. See NVC processing time.

To follow the case online, see green card status. Before the I-140, you can track the labor certification on PERM case status. DOL’s PERM analyst review averaged 300 calendar days over the last 30 days, as of Oct. 31, 2026 (DOL FLAG). After certification, the I-140 must reach USCIS within 180 days, or USCIS rejects it.

If your case is outside normal processing time

The petitioner makes the inquiry: the employer or its attorney, or the self-petitioner. If the receipt date is past the I-140 time on the processing times page, they can use e-Request or the Contact Center. Two points apply only to this form:

  • Already premium. For a case with an I-907, USCIS gives 866-315-5718 for the service center. Have the receipt number ready.
  • Expedite or premium. For classifications that can use premium processing, USCIS says discretionary expedite requests are generally not available, except for nonprofit petitioners (premium processing page, expedite requests).

You can read what each message in your online case status means in our status index. The YourCaseStatus app (coming soon) will alert you when your status changes. For every form, see the processing times hub.

Frequently asked questions

How long does an I-140 take without premium processing?

USCIS decided I-140s in a median of 3.9 months in April to June 2026. That figure mixes EB-1, EB-2 and EB-3 cases, and premium and regular cases. For your category and service center, check the USCIS processing times page.

How long does I-140 premium processing take?

USCIS must act within 15 business days for E11, E12, E21 (not NIW), E31, E32 and EW3 petitions, and within 45 business days for E13 and E21 NIW. A request for evidence stops the clock, and a new period starts when USCIS gets your answer.

Can I upgrade a pending I-140 to premium processing?

Yes. The petitioner can file a standalone Form I-907 for a pending I-140. With a receipt that starts with IOE, it can go by PDF upload in the online account or by mail. The fee is $2,965 and there is no fee waiver.

What is my priority date for an I-140?

If your case needed a PERM labor certification, it is the day DOL accepted the PERM for processing. If not, it is the day USCIS accepted the I-140. USCIS prints it on the I-797 notice.

Can I file my I-485 together with the I-140?

Only when a visa number is available for your priority date. For November 2026, USCIS says employment-based applicants must use the Dates for Filing chart of the Visa Bulletin.

What if my PERM expired before the I-140 was filed?

USCIS rejects an I-140 with an expired labor certification. A certification expires 180 days after the date DOL certified it, so the I-140 must arrive before then.

Sources