Form I-140 Processing Times in August 2026: What to Expect and How to Prevent Delays

Processing times for Form I-140 currently span 2.5 to 30 months. Also known as the immigrant petition for alien workers, filing this document marks the first step to obtain an employment-based Green Card.

For many foreign nationals interested in the EB-1 or EB-2, wait times play a huge factor into their decision on an immigration pathway. Knowing how long USCIS takes on average helps applicants and sponsoring employers plan, especially when a nonimmigrant visa will expire soon.

What are the latest processing times for Form I-140?

As of August 2026, USCIS takes 2.5 to 30 months to complete 80% of I-140 petitions. The category determines the wait. Petitions based on an approved PERM labor certification move fastest, while self-petitioned and executive categories take the longest:

At a glance, these numbers imply that the EB-1 and EB-2 NIW categories take significantly longer to process. Manifest immigration attorney Ana Gabriela Urizar says this is true at the I-140 stage, but doesn’t necessarily reflect the full story.

“Before an EB-2 PERM or EB-3 petitioner can file Form I-140, they must obtain PERM certification from the Department of Labor,” she says. “That process itself takes two and half years to complete on average, which can severely delay when someone can apply for a Green Card.”

Self-petitioned categories like the EB-1A or EB-2 NIW skip the lengthy PERM certification, but then require officers to more closely vet qualifications. “At the I-140 stage, that review takes far longer per case, which can explain the discrepancy in processing times,” Urizar explains.

How have I-140 processing times changed over the years?

I-140 processing is faster today than at any point in the past six years. So far in fiscal year 2026, USCIS has decided half of all regular petitions in 3.7 months. That is down from a peak median of 9.3 months in fiscal year 2022. Premium processing has moved the other way, creeping up from a 0.3-month median to 1.1 months over the same period.

Source: USCIS Historical National Median Processing Times, queried July 2026.

These medians may seem much lower than the figures provided above, and Urizar notes that it’s because they measure different things.

“The historical median marks the point where half of all I-140 petitions were complete, across every category. Meanwhile, the ranges on the USCIS Processing Times Tool show how long 80% of recent cases took in one category,” she explains. “The takeaway for anyone filing in 2026 should be that regular processing moves faster for PERM-based categories, and that in the slower self-petitioned and executive categories, premium processing remains the only reliable path to a fast decision.”

How can I speed up my Form I-140 processing time?

Through premium processing, USCIS allows Form I-140 petitioners to receive a decision in:

• 45 business days for EB-1C Multinational Executives and EB-2 NIW cases, or
• 15 business days for EB-1A, PERM EB-2, and all other I-140 categories.

Manifest immigration attorney Urizar says premium processing can be a huge unlock for those who can afford it. "This option can be especially helpful for those who are not impacted by Visa Bulletin backlogs, as you won’t have to wait months to file for an adjustment of status," she says.

Here is how the two options compare for each category as of August 2026:

The contrast is starkest in the categories that do not require PERM processing. On average, an EB-1A or EB-2 NIW petitioner who upgrades trades a wait of two years for a decision in weeks.

What does the premium processing clock actually guarantee?

Premium processing guarantees action, not approval. Within the 15 or 45 day window, premium processing guarantees that your I-140 petition will receive one of three outcomes:

• An approval
• A denial
• A Request for Evidence (RFE).

If the officer issues an RFE, the adjudication process pauses, and a fresh timeline begins once USCIS receives a response.

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

Without premium processing, most PERM-based I-140 petitions are decided in a few months, while regular EB-1A and EB-1C petitions can run past two years. But whether that wait matters depends on the case, Urizar explains.

“Premium processing has little value to an applicant whose priority date sits years away from becoming current,” she says. “For individuals who self-petition, an earlier approval would not change when the Green Card process can move forward. Employers filing for several workers at once also frequently reserve the fee for time-sensitive cases only.”

From her experience as an immigration attorney, waiting becomes risky when a beneficiary’s status could expire in the near future. “For instance, a worker nearing their six-year H-1B status limit may need a quick I-140 approval to qualify for extensions beyond that cap,” she says. “A slow regular timeline can put that eligibility in doubt.”

Urizar also notes that an RFE can be a great risk under regular processing. With no guarantees on when an immigration officer could decide on your response, a single additional request could stretch the I-140 wait well past the published range.

What can influence the speed of my Form I-140 filing?

Your filing category

Wait times differ significantly depending on which I-140 category you’re filing under. For example, most EB-2 PERM petitions are adjudicated in around 2.5 months. NIW petitions, on the other hand, often take closer to 27 months.

Before you file, Urizar recommends understanding the average wait time for your category, and setting realistic expectations for yourself (and your employer sponsor, if applicable). If you need a quick decision in your initial I-140 filing, consider opting for premium processing.

Errors and omissions in the I-140 petition

In I-140 petitions, Urizar says that vague job descriptions are one of the most common mistakes. She recommends either writing a thorough addendum on the last page or noting "See support letter" and making sure that letter fully covers the role.

For self-petitioning NIW applicants, another frequent error is omitting the signed pages of the ETA 9089 labor certification. Both issues invite RFEs that can add months to your wait.

Filing timing relative to PERM expiration

Once USCIS certifies your PERM labor certification, you have a six-month window to file the I-140. Urizar recommends filing well ahead of the deadline rather than waiting until the last few weeks, as any delay in intake puts your PERM certification at risk of expiring.

Tips to minimize delays in Form I-140

To reduce the risk of avoidable delays, immigration attorney Urizar suggests:

• Organizing documents early: Having the necessary materials already on hand can mitigate last-minute scrambles for evidence, especially for EB-1A and EB-2 NIW cases.
• Double-checking before filing: An I-140 petition has several fields that must be completed fully and with accurate answers. If you have any questions or concerns regarding what you should fill out, consult with an immigration attorney.
• Responding quickly to government requests: Requests for Evidence should be handled promptly, as they can delay a case by weeks.

What happens after your Form I-140 is approved?

An approved I-140 petition locks in a beneficiary’s priority date, which helps if they want to apply for a new I-140 in the future. They can always request the earlier priority date. However, you don’t need an approval to file for Adjustment of Status. As long as your priority date is current under the latest Visa Bulletin, you are likely able to apply for AOS. For PERM-based EB-2 and EB-3 cases, this date is when the ETA-9089 application gets filed with the Department of Labor. For EB-1 and EB-2 NIW cases, it’s the day USCIS receives the I-140 petition.

Once a visa number becomes available for the applicant’s category and country of birth, they can then file Form I-485 to adjust status within the U.S., or seek Green Card consular processing abroad.

How Manifest Law can help

Waiting for your I-140 petition to adjudicate can feel overwhelming, especially if you haven’t filed and are concerned about lengthy wait times affecting your ability to stay and work in the U.S. Whether you’re gathering evidence or looking into ways to expedite a case decision, Manifest Law’s immigration attorneys can guide you through each step required to obtain your employment-based Green Card.

If you’re ready to take the next step or need assistance with Form I-140, request a consultation with Manifest today. Our team can help you file for an EB-1, EB-2, or EB-3 Green Card with confidence and no stress.

Frequently asked questions about I-140 processing times

What should I do if my Form I-140 processing time is taking longer than expected?

Through the e-Request portal, you can check the status of your USCIS case. Before you can file a request, you’ll need to enter your receipt date. The website will then let you know if enough time has passed for you to submit an inquiry.

Can I add premium processing to an I-140 that is already pending?

Yes. Petitioners can file Form I-907 to upgrade a pending I-140 at any time. The 15 or 45 business day clock starts when USCIS accepts the upgrade request, not on the original filing date.

How much does I-140 premium processing cost in 2026?

The premium processing fee for Form I-140 is $2,965 as of March 1, 2026, when USCIS adjusted premium fees for inflation. To request the service, the petitioner files Form I-907 with the fee, either together with the I-140 or as an upgrade while the petition is pending. The fee comes on top of the I-140 filing fee itself. USCIS adjusts premium fees every two years, so confirm the current amount on the USCIS website before filing.

Are I-140 petitions processed in the order they’re received?

USCIS does not offer guidance in how it orders Form I-140 processing. Several factors could affect this, including case backlogs and the category you’re filing under.

How do I know when my I-140 petition has been approved?

USCIS will issue you an I-797 approval notice. In some cases, you may be able to see an update on your myUSCIS account or through the federal agency’s case status portal.

How does USCIS calculate processing times for Form I-140?

USCIS calculates Form I-140 processing times by taking the average time 80% of petitions are completed in. Remember that these are estimates, and that your individual wait time may differ due to several factors.

Are USCIS’s Form I-140 processing times accurate?

Yes, though they are not guarantees of how long your I-140 petition will take to adjudicate. The published time frames in the USCIS Processing Times tool are ranges based on recently completed cases, while the historic processing times are medians. Use them as a general planning tool, not as a promise of when your petition will be adjudicated.

Do I need to file Form I-140 for my EB-5 Green Card?

No, you do not need to file Form I-140 for an EB-5 Investor Green Card. The I-140 petition is used to apply for the EB-1, EB-2, or EB-3 categories.

Do I-140 processing times differ by service center?

Yes. USCIS processes Form I-140 at its Nebraska and Texas service centers. Each center posts its own timeline for every category on the USCIS processing times tool. Petitioners cannot choose their center; USCIS assigns cases based on workload. The first three letters of the receipt number reveal the assignment: LIN means Nebraska, and SRC means Texas.

Do I keep my priority date if I change employers after my I-140 is approved?

Yes, in most cases. Under federal regulation, a beneficiary keeps the date from an approved I-140 for use with a future petition. The exception is when I-140 petitions are revoked by USCIS, usually for fraud, misrepresentation, or a labor certification problem.