Suppose you are an employer who wants to sponsor a foreign worker for a green card in the United States or a foreign worker who has been offered a permanent job there. In that case, you must file Form i-140, Immigrant Petition for Alien Worker. This form establishes your eligibility for an employment-based immigrant visa category and requests a visa number from the Department of State.
Form i-140 is one of the most important steps in your green card journey. It determines whether you qualify for an immigrant visa based on your skills, education, experience, and employer sponsorship. However, filing Form i-140 can also be lengthy and complex, requiring careful preparation and documentation.
In this article, we will explain what Form i-140 is, who can file it, what its benefits are, how long it takes to process it, how to check your case status online, how to expedite your processing time with premium processing service, and what tips you can follow to avoid delays and ensure a smooth process.
What is Form i-140?
Form i-140 is an immigration petition filed by an employer on behalf of a foreign worker offered a permanent job in the United States. The purpose of Form i-140 is to prove that the foreign worker meets the requirements for one of the employment-based immigrant visa categories and that there is no adverse impact on the U.S. labor market by hiring them.
Five main employment-based immigrant visa categories require Form i-140:
- EB1: Priority workers
- EB2: Professionals with advanced degrees or exceptional ability
- EB3: Skilled workers or professionals
- EB4: Special immigrants
- EB5: Investors
Each category has different eligibility criteria and documentation requirements that must be met by both the employer and the foreign worker. For example, some categories require a labor certification from the Department of Labor (DOL), which certifies that no qualified U.S. workers are available for the position offered to the foreign worker.
Who can file Form i-140 in 2024?
Form i-140 must be filed by an employer who has offered a permanent job to a foreign worker in one of the employment-based immigrant visa categories. The employer must have a valid employer-employee relationship with the foreign worker and intend to employ them after obtaining their green card.
Self-petitioning means that you can file Form i-140 on your behalf without having an employer sponsor you. This option is available only for some subcategories under EB1 (such as aliens of extraordinary ability or outstanding professors or researchers) and EB2 (such as national interest waiver applicants). The only exception to this rule is when the foreign worker qualifies for self-petitioning under certain circumstances.
How Long Does the i-140 Petition Take to Process?
The processing time for an I-140 petition can vary depending on several factors, including the current demand for visa numbers, the workload of the United States Citizenship and Immigration Services (USCIS), and the completeness and accuracy of the petition. Generally, the USCIS processes I-140 petitions within six months to a year from the filing date.
Factors affecting i-140 processing time
Let’s take a closer look at each factor that affects the processing time for Form i-140:
Type of visa preference category
The type of visa preference category you are applying for determines how complex and rigorous
the review process is by USCIS. There are five main visa preference categories for employment-based green cards:
- EB-1: Priority workers who have an extraordinary ability, outstanding professors or researchers, or multinational executives or managers
- EB-2: Professionals who have advanced degrees or exceptional ability
- EB-3: Skilled workers, professionals, or other workers
- EB-4: Special immigrants such as religious workers, broadcasters, translators, etc.
- EB-5: Investors who create jobs and contribute capital to the U.S. economy
Each visa preference category has different eligibility criteria and documentation requirements. Generally speaking, the higher the visa preference category, the more difficult it is to qualify and prove your eligibility.
Service center location
The service center location where your petition is filed also affects the processing time for Form i-140. USCIS has four service centers that handle i-140 petitions:
- California Service Center (CSC)
- Nebraska Service Center (NSC)
- Texas Service Center (TSC)
- Vermont Service Center (VSC)
Each service center has its own workload and processing speed. You can check the current processing times for each service center on the USCIS website.
Request for evidence
A request for evidence (RFE) is a notice from USCIS asking you to provide additional or missing information or documents to support your i-140 petition. An RFE can delay your petition’s processing time by several weeks or months, depending on how quickly you respond and how complex the requested evidence is.
To avoid getting an RFE, ensure your i-140 petition is complete and accurate before filing it. You should also include all relevant supporting documents demonstrating your eligibility for the visa preference category you are applying for.
Premium processing option
Premium processing is an optional service that allows you to expedite the processing your i-140 petition by paying an extra fee of $2,500. If you opt for premium processing, USCIS will process your petition within 15 calendar days of receiving it.
Premium processing can significantly reduce the waiting time for your i-140 approval. However, it does not guarantee that your petition will be approved or you will not receive an RFE. It only guarantees a faster response from USCIS.
Other Factors That Affect I-140 Processing Time
Several factors can affect the processing time for an I-140 petition. Understanding these factors can help you better predict how long your petition will take to process and what you can do to expedite the process.
Demand for Visa Numbers
The demand for visa numbers is one of the most significant factors affecting the processing time for an I-140 petition. The United States limits the number of visas it grants annually, and the demand for these visas can be much higher than the supply. When demand is high, it can take longer for the USCIS to process I-140 petitions and allocate visa numbers.
USCIS Workload
The workload of the USCIS is another significant factor that can affect the processing time for an I-140 petition. When the USCIS is processing many petitions, it may take longer to process individual petitions. Additionally, the USCIS may prioritize certain petitions over others, which can further impact processing times.
Completeness and Accuracy of Petition
The completeness and accuracy of the I-140 petition can also affect the processing time. If the petition is incomplete or contains errors or inconsistencies, it may be delayed or denied. It is important to ensure that all required documents are included with the petition and that they are accurate and consistent.
RFEs and Processing Delays
RFEs (Requests for Evidence) and processing delays can also impact the processing time for an I-140 petition. If the USCIS requests additional evidence to support the petition, processing can take additional time. Additionally, processing delays may occur due to security checks, background checks, or other factors.
Premium Processing Option for I-140 Petitions
For those who want to expedite the processing time for their I-140 petition, the USCIS offers a premium processing service for an additional fee. With premium processing, the USCIS guarantees a 15-day processing time for the petition. This service can be helpful for those who need their petition to be processed quickly for employment or other reasons.
However, it is important to note that not all types of I-140 petitions are eligible for premium processing. Also, premium processing does not guarantee petition approval, only expedited processing.
What are the benefits of Form i-140?
Form i-140 has several benefits for employers and foreign workers seeking a green card based on employment. Some of the benefits are:
- You can secure your priority date, which is the date when your employer filed Form i-140 on your behalf. This date determines your place in line for a visa number, which is limited by annual quotas and varies by country and visa category. Having an earlier priority date means you can apply for a green card sooner than others who filed later.
- You can extend your H-1B status beyond the maximum six-year limit if your i-140 petition is approved and your priority date needs to be updated. This allows you to continue working in the U.S. while waiting for your green card application to be processed.
- You can port your i-140 petition to a new employer if you change jobs after 180 days of filing Form i-485, Application to Register Permanent Residence, or Adjust Status, based on your approved i-140 petition. This means you do not have to start the process from scratch with your new employer as long as the job offer is in the same or similar occupational classification as the original one.
- You can apply for employment authorization based on compelling circumstances if you have an approved i-140 petition and face certain hardships that prevent you from maintaining or extending your nonimmigrant status. This allows you to work for any employer in the U.S. without being tied to a specific sponsor.
- You can apply for advance parole, a travel document allowing you to leave and re-enter the U.S. without abandoning your pending green card application. This gives you more flexibility and freedom to travel abroad for personal or professional reasons.
How long does it take to process Form i-140?
The processing time for Form i-140 varies depending on several factors, such as:
- The type of visa preference category you are applying for
- The service center location where your petition is filed
- The presence or absence of a request for evidence (RFE)
- The availability of a premium processing option
Generally speaking, the processing time for Form i-140 ranges from 6 months to 12 months, but it can be shorter or longer depending on these factors.
Tips for Reducing i-140 Processing Time
If you want to reduce the processing time for your I-140 petition, there are several steps you can take. These include:
- Ensuring that your petition is complete and accurate
- Responding promptly to any requests for additional evidence or information from the USCIS
- Using premium processing (if eligible) to expedite the process.
- Contacting an immigration attorney for assistance with the petition process
How to check Form i-140 status?
You can check Form i-140 status online using one of these methods:
- Online Case Status Tool: You can enter your receipt number on this tool to see the current status of your case.
- MyUSCIS Account: You can create a free account on this website to access more information about your case history and updates.
- E-mail Notifications: You can sign up for e-mail notifications when you file your petition online or by mail using Form G-1145, E-Notification of Application/Petition Acceptance. You will receive an e-mail or text message when USCIS accepts your petition and when there is any change in your case status.
- Phone Inquiry: You can call the USCIS Contact Center at 1-800-375-5283 to speak to a representative and check your case status. You will need to provide your receipt number and other personal information.
- In-Person Appointment: You can schedule an appointment at your local USCIS office using the InfoPass system. You can bring your receipt notice and other documents to ask questions about your case status.
What are some common reasons for Form i-140 denial?
Although rare, form I-140 denials can happen. The following are a few typical grounds for Form I-140 denials:
- Ineligibility for the visa preference category: If you meet the criteria or requirements for the visa preference category you are applying for, USCIS may accept your petition. For example, apply for EB-1A as an alien of extraordinary ability, but you need more evidence of national or international acclaim in your field. USCIS may find that you do not qualify for this category.
- Insufficient or incorrect documentation: If you complete all the necessary supporting documents or submit documents that are complete, accurate, accurate, or expired, USCIS may not accept your petition. For example, if you apply for EB-2 as someone of exceptional ability but need a valid labor certification from the Department of Labor (DOL), USCIS may reject your petition.
- Failure to respond to RFE: If you receive an RFE from USCIS and do not respond within the specified time frame or with adequate evidence, USCIS may deny your petition. For example, if USCIS asks you to submit additional letters of recommendation from experts in your field and you do not comply with this request, USCIS may conclude that you need more proof of your exceptional ability.
- Fraud or misrepresentation: If USCIS discovers that you have lied or misrepresented any information on your petition or supporting documents, USCIS may deny your petition and refer your case to immigration court for removal proceedings. For example, if you claim that you have a Ph.D. degree from a prestigious university, but it turns out that it is a fake degree from a diploma mill, USCIS may find that you have committed fraud and deny your petition.
What to do if Form i-140 is denied?
If Form i-140 is denied, you can challenge the decision or reapply for a green card. These options include:
Filing a motion to reopen or reconsider: You can file a motion to reopen or reconsider with USCIS within 30 days of receiving the denial notice. A motion to reopen is based on new facts or evidence unavailable when filing. A motion to reconsider is based on legal arguments that USCIS failed to apply the law or policy. You must submit a fee of $675 and supporting documents along with your motion.
Filing an appeal: You can file an appeal with the Administrative Appeals Office (AAO) within 30 days of receiving the denial notice. The AAO is an independent body within USCIS that reviews decisions made by USCIS officers. You must submit a fee of $675 and a brief explaining why you disagree with the decision, along with your appeal.
Refiling a new petition: You can refile a new petition with USCIS after correcting the issues that led to the denial of your previous petition. You must submit a new fee, new supporting documents, and your new petition. You may also choose a different visa preference category if you are eligible for more than one.
Seeking judicial review: You can seek judicial review by filing a lawsuit in federal court against USCIS within six months of receiving the denial notice. This option is usually reserved for cases where USCIS has violated your constitutional rights or acted arbitrarily or capriciously. You must hire a lawyer and pay court fees and legal expenses for this option.
If your I-140 petition is denied, you can appeal the decision or file a new one. It is important to carefully review the reasons for the denial and address any issues before filing a new petition or appealing the decision.
Conclusion
The processing time for an I-140 petition can be a significant factor in the green card process for immigrants. Understanding the factors affecting processing time and options for expediting the process can help immigrants plan their future in the United States.
Form i-140 is essential in obtaining a green card based on employment. It requires careful preparation and documentation to prove your eligibility for the visa preference category you are applying for. The processing time for Form i-140 depends on several factors, such as the type of visa preference category, the service center location, the presence or absence of RFE, and the availability of a premium processing option.
You can check Form i-140 status online using various methods, such as the online case status tool, MyUSCIS account, e-mail notifications, phone inquiries, or in-person appointments. If Form i-140 is denied, you can challenge the decision or reapply for a green card, such as filing a motion to reopen or reconsider, filing an appeal, refiling a new petition, or seeking judicial review.
I hope this information has been helpful to you. If you have any further questions about Form i-140 or any other immigration-related topics, please feel free to ask me.
FAQs
Current Processing Time for i-140 Petitions:
The processing time for I-140 petitions can vary depending on the USCIS workload and the specific processing center. According to the USCIS website, the current processing time for I-140 petitions ranges from 5 to 9 months.
Checking the Status of Your i-140 Petition:
You can check the Status of your I-140 petition on the USCIS website. You will need your receipt number, which you can find on your Form I-797 Notice of Action.
Expediting the Processing Time for Your i-140 Petition:
Under certain circumstances, you can expedite the processing time for your I-140 petition. This is done through the USCIS’s Premium Processing Service, which guarantees a response within 15 calendar days. However, expedited processing is only available for certain petitions and requires an additional fee.
Denial of Your i-140 Petition:
If your I-140 petition is denied, you may be able to file an appeal or a motion to reopen or reconsider the decision. Alternatively, you can refile the petition with additional evidence or a different strategy.
Premium Processing Service for i-140 Petitions:
The Premium Processing Service for I-140 petitions guarantees a response within 15 calendar days. The current fee for this service is $2,500 (as of 2023). However, not all I-140 petitions are eligible for this service, and specific criteria must be met to qualify.
