Form I-140 Processing Times 2026

As of April 2026, I-140 processing takes 3–17 months depending on the service center and petition category. Nebraska Service Center (NSC) tends to be fastest for EB-1 and EB-2 petitions (3–6 months). California Service Center (CSC) and Texas Service Center (TSC) often run 8–17 months for EB-2 and EB-3. Premium processing ($2,965, 15 business days) is available for all I-140 categories. Use usvisastack.ai/processing-times/i-140 to see current service center data.

Premium processing (Form I-907) guarantees USCIS action within 15 business days on an I-140 petition. At $2,965, it is particularly valuable when: (1) You are in H-1B status and approaching the 6-year limit — premium lets you "reset" the H-1B clock via an approved I-140 + AC21; (2) You are switching employers and need the new I-140 approved quickly to port the priority date; (3) Your priority date is马上就要 current and you need the I-140 approved to file I-485. Note: If USCIS issues an RFE under premium processing, the 15-day clock restarts from the date they receive your response.

Once an I-140 is approved, your priority date is preserved for future green card applications even if the employer withdraws the petition or you change jobs. Under AC21 (Section 204(j)), if your I-140 is approved and your I-485 has been pending for 180+ days, you can switch employers without losing the green card process — the new job must be in the same or similar occupational classification. Your new employer would need to file a new I-140, but your original priority date is preserved.

Yes — EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver) allow self-petition, meaning no employer sponsorship is required. For EB-1A, you must demonstrate extraordinary ability through sustained national or international acclaim (10 criteria, meet 3+). For EB-2 NIW, you must prove that your work is in the national interest and you are well-positioned to advance that interest (Dhanasar three-prong test). Both are employer-independent — you file I-140 directly on your own behalf.

An approved I-140, combined with 180+ days of pending I-485, provides powerful job mobility under AC21: you can change employers without restarting the green card process, and you can extend H-1B beyond the standard 6-year limit in 1-year increments (or 3-year increments if your I-140 priority date is current). Your new employer must file a new I-140 — the approved one does not transfer to a new employer. However, your original priority date is preserved and used for the new petition.

PERM (Program Electronic Review Management) labor certification is the first step for EB-2 and EB-3 employment-based green cards. Your employer must prove there are no qualified US workers available for the position at the prevailing wage before filing I-140 on your behalf. The process involves: recruitment test (advertising in newspapers, online), prevailing wage determination (DOL), and test of the labor market. PERM takes 6–18 months if audited. Only EB-1A, EB-2 NIW, and EB-4 skip the PERM step.