I‑140 Premium Processing Duration – Alma Expectations

For many employers and skilled foreign workers, navigating the U.S. employment-based green card process can be complex and time-sensitive. A key step in this journey is filing Form I-140, the Immigrant Petition for Alien Worker, which establishes a worker’s eligibility for permanent residency based on employment. However, standard processing times for Form I-140 can stretch across several months or more, creating uncertainty and delays.

U.S. Citizenship and Immigration Services (USCIS) offers Premium Processing for some I-140 petitions to speed up the process. This service allows applicants to receive a decision within 15 to 45 business days, significantly improving standard wait times. 

As we move into 2025, understanding the I-140 Premium Processing timeline, eligibility requirements, and the latest updates is crucial for making informed and strategic decisions.

Key Takeaways

• What Form I-140 is and why it’s essential for the employment-based green card process.
• How premium processing speeds up I-140 decisions from months to just 15 business days.
• Rules about who can use special processing for EB-1, EB-2, and EB-3 visas.
• Step-by-step overview of filing Form I-140 and tracking your petition.
• Updated I-140 filing fees, Asylum Program Fee, and Premium Processing costs for 2025.

What is Form I-140?

The Immigrant Petition for Alien Worker, or Form I-140, is a petition submitted to the U.S. Citizenship and Immigration Services (USCIS) as a component of the employment-based green card application process. 

Also Read: Complete Guide to Understanding Form I-797

Importance of Form I-140

An important part of the employment-based immigration procedure in the United States is Form I-140. It is the foundation for many green card applications filed by foreign professionals, researchers, and skilled workers. Here's why Form I-140 is so important:

• Employment-Based Petition for a Green Card: Allows a U.S. employer (the petitioner) to officially request that the government grant a foreign worker an employment-based green card (EB-1, EB-2, or EB-3).
• Proof of Eligibility: Demonstrates that the beneficiary meets their respective employment-based category requirements.
• Step Toward Permanent Residency: Once accepted, the I-140 lets the foreign worker proceed to the next steps in getting a green card, like changing their status (Form I-485) or going through consular processing. Once accepted, the I-140 lets the foreign worker proceed to the next steps in getting a green card, such as adjusting their status (Form I-485) or going through consular processing. Think of the I-140 as your “golden ticket”—it secures your place in line by setting your priority date, especially important for applicants from high-demand countries like India, China, Mexico, or the Philippines.
• H-1B Extensions Beyond 6 Years: If your I-140 is approved but you are waiting for a green card due to visa backlogs, you can often extend your H-1B status beyond the normal 6-year limit.

Also Read: Understanding H-4 EAD: A Comprehensive Overview

Who can File Form I-140?

Form I-140 is very important for getting a U.S. green card through work. Understanding its requirements, processing times, and filing procedures can help ensure a smoother immigration journey.

• U.S. Employers: Most I-140 petitions must be filed by a U.S. employer who can prove their ability to pay the offered wage.
• Self-Petitioning Applicants: Certain foreign nationals—such as those with extraordinary ability (EB-1A) or those applying under the National Interest Waiver (EB-2 NIW)—can file their own I-140 petitions without an employer. This process is commonly referred to as “self-petitioning.”

Eligibility for Premium Processing

With premium processing, USCIS generally processes I-140 petitions within 15 business days. However, for EB-2 National Interest Waiver (NIW) and EB-1C Multinational Manager or Executive petitions, the premium processing timeframe is 45 business days.

The following types of I-140 petitions are currently eligible for premium processing from USCIS. However, processing times are subject to change, and premium processing does not guarantee approval, only expedited review.

The following types of I-140 petitions are currently eligible for premium processing from USCIS. However, processing times are subject to change, and premium processing does not guarantee approval, only expedited review.

• EB-1A: Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
• EB-1B: Outstanding professors and researchers.
• EB-1C: Certain multinational executives and managers.
• EB-2: Professionals with advanced degrees or exceptional ability.
• EB-3:
  
  • Professionals with a U.S. bachelor's degree or foreign equivalent.
  • To be skilled, a person must have trained or worked as a worker for at least two years.
  • Other workers perform unskilled labor (subject to visa availability).

I-140 Processing Time and Timeline

The standard processing time for Form I-140 varies depending on the employment-based (EB) category and the USCIS service center handling the petition. The typical processing period for standard I-140 petitions in FY 2025 is 7 to 8 months. However, with premium processing, this time frame is reduced to 15 business days.

Note: For EB-2 National Interest Waiver (NIW) and EB-1C Multinational Manager or Executive categories, premium processing takes up to 45 business days.

Historical Processing Time

Processing timeframes differ year to year. Here’s a detail on previous timelines. 

Premium Processing for I-140: Faster Processing Timeline

Premium processing offers a significantly faster timeline for applicants looking to expedite their Form I-140 petition. With this service, U.S. Citizenship and Immigration Services (USCIS) guarantees a decision within 15 to 45 business days of receiving the request. This option is ideal for those who need a quicker resolution to their employment-based green card application.

Here is how it works - 

• Applicants must file Form I-907 (Request for Premium Processing Service) either at the same time as their Form I-140 or separately at a later date if the I-140 was initially submitted under regular processing.
• USCIS will begin processing the request upon receipt of the premium processing fee, which is currently $2,805 for Form I-140.
• Within 15, USCIS will:
  
  • Approve the petition,
  • Deny the petition, or
  • If more information is needed, issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

Note: For EB-2 National Interest Waiver (NIW) and EB-1C Multinational Manager or Executive categories, premium processing takes up to 45 business days.

Also Read: H-1B Visa Transfer: Process, Fees, Processing Time, and Change of Employer

How to Check I-140 Processing Times?

If you're waiting for a decision on your Form I-140, monitoring processing times to manage expectations and plan ahead is important. 

Here's how you can check the latest updates:

1. Visit the USCIS Processing Times Page

Go to the official USCIS Case Processing Times tool.

2. Select the Form and Service Center
   
   • Under "Form," choose "I-140 | Immigrant Petition for Alien Worker."
   • Under "Form Category," choose the relevant employment-based category (e.g., EB-1A, EB-2 NIW, EB-3 Skilled Worker, etc.).
   • Choose the service center handling your case (Nebraska, Texas, California, Vermont, or Potomac).
3. View Current Processing Times

USCIS will display the estimated time range (for example, 8 to 14 months). This gives you an idea of how long similar petitions are currently taking.

4. Check Your Case Status

If you have your receipt number, you can also track the status of your specific case on the USCIS Case Status Online page.

Tip: Processing times are updated monthly, so it’s good practice to check back regularly if your case is still pending.

Form I-140 Filing Fees 

Filing Form I-140 (Immigrant Petition for Alien Worker) requires petitioners to pay a base filing fee and an Asylum Program Fee, which helps fund asylum processing in the U.S. 

The total amount depends on the type of petitioner.

1. Base Filing Fee

The base filing fee for Form I-140 is $715 for all petitioners, regardless of their size, industry, or tax-exempt status.

2. Asylum Program Fee

• Introduced by USCIS in January 2024 to fund asylum-related costs.
• Required for most employers filing Form I-140.
• The fee amount varies based on employer size and status:
  
  • Standard Fee: $600 for most petitioners.
  • Discounted Fee: $300 for small businesses with 25 or fewer full-time employees.
  • Exemptions: Nonprofit organizations do not have to pay this fee.

3. Total Fees Based on Petitioner Type

• Nonprofit Organizations & Exempt Small Businesses: $715 (base fee only, no Asylum Program Fee).
• Small Businesses (≤25 employees, non-exempt): $1,015 ($715 base fee + $300 Asylum Program Fee).
• All Other Petitioners: $1,315 ($715 base fee + $600 Asylum Program Fee).

These fees apply to all Form I-140 petitions, including those for EB-1, EB-2, and EB-3 employment-based green card categories.

4. Cost of Premium Processing for Form I-140

USCIS offers a Premium Processing service for petitioners who need expedited processing for Form I-140.

• Cost: $2,805 (in addition to the standard filing fees)
• Processing Time: 15 business days (Except EB-2 National Interest Waiver (NIW) and EB-1C Multinational Manager or Executive categories, premium processing takes up to 45 business days)
• Eligibility - Recently expanded to include:
  
  • EB-1C Classification – Multinational Executives and Managers
  • EB-2 NIW Classification – National Interest Waiver (NIW) cases

Disclaimer: USCIS filing fees and processing timelines are subject to change. Always verify the latest costs and eligibility details on the official USCIS Premium Processing page.

Factors that Affect I-140 Processing Time

Several important elements can impact the timeline for processing Form I-140, the Immigrant Petition for Alien Workers. Below are five primary factors that can determine how quickly or slowly your petition moves through the system:

1. USCIS Caseload and Processing Delays

The time it takes to process your I-140 petition often depends on how many cases the U.S. Citizenship and Immigration Services (USCIS) is currently handling. When the agency is overwhelmed with applications—such as work permits, green card adjustments, or naturalization requests—processing times may increase due to backlogs. In addition, staffing shortages or resource constraints at USCIS can further delay petition reviews.

‍

2. Visa Bulletin and Priority Date Status

The date USCIS received your petition becomes your "priority date." According to the U.S. Department of State's monthly visa bulletin, your case will not move forward until that date becomes "current." If your priority date is not yet current, it may significantly delay your petition, sometimes for months or even years.

For example, an individual born in India with an EB-2 I-140 petition may currently face an estimated 12-year wait for adjustment of status until their priority date becomes current.

3. Employment-Based Category Type

The specific employment-based category you file under directly impacts processing speed. For instance, petitions under the EB-1 category generally experience faster processing than those under EB-2 or EB-3, which tend to have longer wait times.

4. Errors or Missing Documents in Filing

Submitting an incomplete petition can drastically slow down the process. Missing forms, incorrect information, or a lack of required documents often result in a Request for Evidence (RFE) from USCIS. This request pauses the case until you provide the additional documentation. Timely and thorough responses to RFEs are essential to avoid further delays.

5. Labor Certification Requirement (PERM)

A certified PERM labor application is required for many employment-based green card categories before the I-140 petition can even be filed. This step, handled through the Department of Labor, verifies that no qualified U.S. workers are available for the role being offered. Because the PERM process alone can take several months, it adds significant time to the overall I-140 petition timeline.

‍

How can Alma Help with an Employment-Based Visa?

Employment-based immigration involves multiple steps, forms, and compliance checks, and getting it right is critical for your success. That’s where Alma comes in. Whether you’re filing Form I-140, pursuing an EB-1, EB-2, or EB-3 visa, or navigating extensions and upgrades, Alma helps you handle the process confidently and quickly.

Here’s how Alma supports your immigration journey:

• Expert Petition Preparation: Alma helps you prepare and review all necessary documents—including Form I-140—with a sharp eye for detail to avoid delays and RFEs.
• Fast 2-Week Turnaround: We work quickly to complete and submit your petition within 2 weeks, helping you meet tight visa timelines.
• Personalized Legal Guidance: From choosing the right EB category to responding to USCIS requests, Alma provides step-by-step legal support tailored to your case.
• Real-Time Case Updates: Stay informed with proactive communication at every stage.

Ready to take your next step with confidence? Schedule a free consultation with Alma today!

Conclusion

Filing Form I-140 is a crucial step in the employment-based green card process, and understanding the associated fees is essential for proper planning. The total cost depends on the base filing fee, the Asylum Program Fee, and whether Premium Processing is needed for faster adjudication. 

Recent USCIS updates have expanded Premium Processing eligibility, providing more options for applicants seeking expedited processing. By staying informed about these costs and timelines, petitioners can make strategic decisions that align with their immigration goals. Book a free consultation with us today.  

FAQs

1. Does premium processing guarantee I-140 approval?

No, premium processing only guarantees a faster decision—typically within 15 business days. However, for EB-2 National Interest Waiver (NIW) and EB-1C Multinational Manager or Executive petitions, premium processing takes up to 45 business days.

2. What happens if USCIS issues an RFE (Request for Evidence) during premium processing?

If USCIS issues an RFE, the premium processing clock, whether 15 business days (for most categories) or 45 business days (for EB-2 NIW and EB-1C)—pauses. It will resume once USCIS receives your complete response to the RFE.

3. Can premium processing fees be refunded?

Yes, USCIS will refund the premium processing fee if it does not take action within the promised timeframe, 15 business days for most I-140 petitions, or 45 business days for EB-2 National Interest Waiver (NIW) and EB-1C Multinational Manager or Executive petitions.

4. Is the I-140 petition tied to a specific employer?

Yes, the I-140 is typically tied to the sponsoring employer who filed it. However, under certain conditions, such as when your I-485 has been pending for 180 days or more, you may be able to port your I-140 to a new employer in the same or similar occupational classification. Additionally, as discussed, some I-140 categories allow self-petitioning, such as EB-1A (Extraordinary Ability) and EB-2 National Interest Waiver (NIW), which do not require an employer sponsor.

 5. Can I upgrade to premium processing if I originally filed with regular processing? 

Yes. You can "upgrade" to premium processing if you originally filed the I-140 with regular processing. Once you have your receipt number for your regular processing petition, you can submit Form I-907 and file it with the appropriate Service Center.

6. Are fee waivers available for I-907? 

Fee waivers not available. As per USCIS fee waiver regulations at 8 CFR 106.3(a), USCIS does not provide for a Fee Waiver for Form I-907.

7. Is premium processing guaranteed? 

No. USCIS may suspend premium processing at any time. As per, 8 CFR 106.4(2), USCIS may suspend the availability of premium processing for immigration benefit requests designated for premium processing if circumstances prevent the completion of processing of a significant number of such requests within the applicable processing timeframe.

‍