Processing Times for Form I-140 Immigrant Petition for Alien Worker

1. How long does it take to process Form I-140 petitions?


The processing time for Form I-140 petitions can vary, depending on the type of petition and the particular USCIS Service Center processing the application. In general, the processing time for I-140 petitions can range from 1 to 8 months.

2. How long does USCIS take to process I-140 petitions?


The processing time for an I-140 petition can vary widely depending on the type of petition and the current backlog. Generally, processing times range from 6 months to over a year. However, you can check the current processing times for your petition type on the USCIS website.

3. Is there a way to estimate I-140 processing time?


The United States Citizenship and Immigration Services (USCIS) does not offer estimated times for processing I-140 petitions. Processing times are subject to change, and can vary significantly depending on an individual case. The USCIS website provides information on current processing times for I-140 petitions.

4. What factors affect the processing time of an I-140 petition?


The processing time for an I-140 petition is affected by a variety of factors, including the nature and complexity of the case, the amount of supporting evidence submitted, the time it takes for USCIS to review the case, the number of similar cases ahead of yours in the queue, and whether or not you are eligible for premium processing. The availability and workloads of USCIS staff also influence the processing times. Additionally, USCIS has implemented certain initiatives to determine which I-140 petitions receive priority processing.

5. What is the current processing time for I-140 petitions?


As of October 2020, the current processing time for I-140 petitions is 4 to 6 months. However, depending on the service center, the processing time may vary.

6. How often does USCIS update its processing times for Form I-140 petitions?


USCIS updates its processing times for Form I-140 petitions every month.

7. What happens if my I-140 petition processing time exceeds the published processing time?


If your I-140 petition processing time exceeds the published processing time, you may contact the United States Citizenship and Immigration Services (USCIS) National Customer Service Center for additional information on your petition. You can also contact your local USCIS office for assistance.

8. Does premium processing speed up the processing of Form I-140 petitions?


Yes, premium processing does speed up the processing of Form I-140 petitions. Generally, USCIS will process Form I-140 petitions within 15 calendar days when using premium processing.

9. Is there an expedited process for filing a Form I-140 petition?


No, the Form I-140 petition process cannot be expedited.

10. Are there any special applications of the Form I-140 that may be processed faster than other applications?


Yes, some applications for the Form I-140 may be eligible for expedited processing, such as those related to national interest or those related to EB-1A, EB-1B, and EB-2 NIW applications.

11. How long can an applicant expect to wait for a decision on their I-140 petition?


The processing time for an I-140 petition can vary depending on the type of petition and the USCIS office that is handling it. As of May 2020, the USCIS processing time for the I-140 is approximately 4 to 7 months.

12. What documents should be included with a Form I-140 application?


The documents required to accompany a Form I-140 application are:

1. Copy of a job offer letter from the employer that outlines the job duties, salary, and all other terms and conditions of employment.

2. Evidence of the beneficiary’s education, skills, experience, and any other qualifications required for the position.

3. Evidence of the employer’s ability to pay the stated wage, such as federal income tax returns, financial statements, or similar documents.

4. Evidence of a permanent labor certification or PERM application approved by the U.S. Department of Labor.

5. If applicable, evidence that the beneficiary is exempt from PERM labor certification requirements.

6. Proof of any legal authorization to work in the U.S., such as a valid work visa or a previous permanent resident card.

7. Any additional documents requested by USCIS for specific categories of aliens seeking permanent residence.

13. Will an incomplete application result in a longer processing time for a Form I-140 petition?


Yes, an incomplete application can delay the processing time of a Form I-140 petition as the government will need to request any missing information or documents required to decide the case.

14. Is there any way to check on the status of an I-140 petition while it is being processed?


Yes, you can check the status of your I-140 petition by using the USCIS online case status tool or calling the National Customer Service Center at 1-800-375-5283. The USCIS processing times for I-140 petitions can also be found on their website.

15. Does USCIS provide any support services or resources for applicants seeking information about the processing time of Form I-140 petitions?


USCIS does not provide any support services or resources for applicants seeking information about the processing time of Form I-140 petitions. However, USCIS publishes its processing times each month on its website. The processing times are updated each month and provide the average time it takes to complete various forms. Additionally, applicants may contact the USCIS National Customer Service Center with any questions they have about their specific petitions.

16. Are there any tools available to help employers track their Form I-140 processing times?


Yes, there are multiple tools available to help employers track their Form I-140 processing times. The most popular ones are the USCIS Processing Times tool, the VisaPro Tracker, and the MyVisaJobs Tracker.

17. Does the issuance of an RFE impact the processing time of Form I-140 petition or extend it significantly?


No, the issuance of an RFE does not usually impact the processing time of the Form I-140 petition or extend it significantly. The processing time will depend on many factors such as the type of I-140 petition, the state in which it is being processed, and the complexity of the case. If an RFE is issued, USCIS will usually respond within 30 days or less.

18. What is the standard fee for filing a Form I-140 petition?


The filing fee for a Form I-140 petition is $700.

19. Does filing a duplicate application result in increased processing times for a Form I-140 petition?


No, filing a duplicate application does not increase processing times for a Form I-140 petition. The time taken to process a Form I-140 petition is determined by the number of applications received by U.S. Citizenship and Immigration Services (USCIS). USCIS processes all applications on a first-come, first-served basis, regardless of whether it is a duplicate application.

20. Are processing times for Form I-140 petitions different depending on the type of applicant?


Yes, processing times for Form I-140 petitions vary depending on the type of applicant. The current processing times for Form I-140 petitions can be found on the USCIS website. Processing times also differ depending on the applicant’s specific visa type and the USCIS service center handling the case.