The Immigrant Petition for Alien Workers, or Form I-140, is a crucial document for acquiring permanent resident status in the United States.

Typically, the processing time for Form I-140 varies depending on individual cases, influenced by various factors. Having a grasp of the distinct stages in the processing of this form will enable you to plan effectively and anticipate any possible delays.

What is Form I-140

Form I-140, utilized by the United States Citizenship and Immigration Services (USCIS), serves as an application for alien workers. Employers employ it to petition a noncitizen or foreign worker for permanent residency in the United States.

To initiate this process, employers must:

• Extend a job offer that the employee accepts
• Demonstrate sufficient available funds to cover the foreign worker’s salary, along with meeting any other requirements outlined on the form

Furthermore, foreign professionals eligible for certain employment-based immigration visas, such as EB-1, EB-2, and EB-3 categories, may also use Form I-140 to self-petition USCIS for permanent residency or a green card.

Various factors contribute to the I-140 processing, necessitating employers and employees to meet specific criteria. Noncompliance with instructions may lead to delays, denials, or rejections of the petition.

I-140 Processing Time

The typical processing period for Form I-140 spans from 4 to 22 months.

You can verify the I-140 processing duration for the service center handling your case using the USCIS Check Case Processing Times tool. However, it’s essential to understand that processing times serve as a reference rather than an absolute measure of petition completion duration. They are also based on the time it took USCIS to finalize at least 80% of cases over the preceding six months.

Typically, USCIS processes cases in the order they receive them. Each case is unique, and certain factors may cause some cases to require more time than others.

Factors Impacting I-140 Processing Time

Here are the five main factors that can affect I-140 processing time:

1. USCIS workload

The current workload of USCIS has the potential to impact the processing time of Form I-140, with cases experiencing delays due to the high volume of petitions being reviewed by USCIS.

Likewise, your petition’s completion may be delayed if USCIS is dealing with a backlog of petitions. Presently, the office is experiencing adjudication backlogs in various categories, including

• Applications for Employment Authorization Documents (EADs)
• Requests for Adjustment of Status (AOS)
• Applications for Naturalization

2. Priority date

The priority date of your petition is the date USCIS received it. For a visa number to become available for your case, your priority date must be “current” according to the final action dates specified in the monthly visa bulletin issued by the Department of State. Failure to meet this requirement means the agency will not commence processing your petition, potentially resulting in additional months or even years of waiting for your I-140 petition.

3. Category of Form I-140 Petition

I-140 Processing time can also be influenced by the type of visa or petition you are applying for.

EB-1 category cases generally experience shorter wait times in comparison to cases in the EB-2 and EB-3 categories.

4. Incomplete petitions

To expedite the processing of your I-140 petition, it must be comprehensive and include all necessary documentation. Any absence of required information or documentation will lead to delays or denials of your case, and it may be returned with a Request for Evidence (RFE).

An RFE is a USCIS request for additional information, supporting documents, or supplementary documentation to facilitate a decision on your case. This occurrence is frequent in employment-based immigration cases. If you receive an RFE, ensure a prompt and thorough response.

5. PERM Labor Certification Process

The PERM labor certification process is mandatory for the majority of employment-based immigrant visa categories. It verifies the unavailability of qualified U.S. workers to fill the position advertised or required by the foreign worker. This process typically spans several months and must be finalized before an employer can submit Form I-140 on behalf of a noncitizen worker.

Premium Processing Time for I-140

If you aim to reduce your waiting time, you have the option to choose I-140 premium processing. This is an elective service available for individuals seeking to accelerate the processing of their I-140 petitions; nevertheless, it entails an extra fee.

The standard processing period for I-140 petitions might span several months. However, selecting the premium processing service enables USCIS to adjudicate your petition within a swift 15-calendar-day timeframe.

During this 15-day period, you will receive one of the following determinations:

• An approval notification
• Request for Evidence (RFE)
• Intent to Deny Notice (NOID)
• Denial notification
• Request to initiate a fraud or misrepresentation investigation

If you receive a Notice of Intent to Deny (NOID) or Request for Evidence (RFE), you must furnish the requested information within the timeframe specified in the notice. Upon submission of the requisite documentation, USCIS will initiate a new 15-calendar-day period to expedite your petition.

Note: Premium processing is not available for all employment-based green cards. USCIS announced the final phase of the premium processing expansion for I-140 petitions.

How to submit Form I-140

Here are the key steps involved in filing I-140 petitions:

1.Submission of Form I-140

The employer is required to provide all essential documentation, which comprises:

• Verification of their adequate financial capacity to remunerate the employee’s wages.
• Confirmation that the offered job is a legitimate occupation in the United States.
• Documentation of any additional pertinent qualifications or experience necessary for the position.

2.Obtaining receipt notice

Upon submission of the I-140 application, you should expect to receive a receipt notice from USCIS, typically within 1-2 weeks. This notification signifies that your petition has been entered into the queue alongside other applications awaiting processing.

3.Preliminary Assessment by USCIS

Upon receipt of your petition by USCIS, they will conduct a comprehensive review of your application and accompanying documents to determine whether to approve or deny it.

You may check your case status online.

4.Obtaining Notice of Action (NOA)

After USCIS has completed processing your application, you should receive a Notice of Action (NOA) indicating whether your petition was approved or denied.

In the event of an approval notice, you can proceed to apply for and obtain a green card through either Adjustment of Status or Consular Processing. However, if your petition is denied, you have the option to appeal if you believe that USCIS made errors during the decision-making process.

Related Post: Sustained Acclaim: How to Meet the EB-1A Requirement