1How long does the I-140 take right now?
With premium processing, USCIS issues a decision on Form I-140 within 15 business days of receiving the request. Without it, regular processing currently runs about 4 to 9 months, and the spread depends heavily on which service center handles the case. Premium processing costs an extra fee paid on top of the base filing fee, and it only guarantees a decision, not an approval.
The I-140 is generally the most predictable stage of the employment-based green card process, especially with premium processing. It's the prevailing wage and PERM stages before it, and the visa-bulletin wait after it, that introduce most of the uncertainty. Use the live USCIS processing-times tool for your specific form type and service center, since those ranges move month to month.
2I-140 vs PERM vs I-485: where does each one sit?
PERM (Department of Labor)
Labor certification proving no qualified US worker is available at the prevailing wage. Currently about 12 to 18 months end to end. Covered in the PERM processing time guide.
I-140 (USCIS)
The immigrant petition. Confirms the role qualifies for the category and the employer can pay the wage. 15 business days with premium processing, roughly 4 to 9 months regular.
I-485 (USCIS)
Adjustment of status to permanent resident, filed once your priority date is current. Currently runs roughly 8 to 14 months depending on field office.
These three forms are easy to confuse because they run in sequence and overlap in purpose. PERM comes first and is a Department of Labor step. The I-140 is the middle step, filed with USCIS. The I-485 is the final step, also USCIS.
The I-140 is your employer telling USCIS two things: that the job qualifies under the requested category (EB-2 or EB-3), and that the company can actually pay the offered wage. It relies on the certified PERM as its foundation. Once the I-140 is approved and your priority date is current under the visa bulletin, you move to the I-485 adjustment of status to actually become a permanent resident.
3What does an approved I-140 actually mean?
An approved I-140 establishes two things that matter for the rest of your case. First, it locks in your priority date, the queue position that determines when you can file the final green card step. Second, after the petition has been approved for 180 days, it gives you portability rights under AC21.
An approved I-140 does not make you a permanent resident, and it doesn't grant work authorization on its own. If you're on H-1B, an approved I-140 does let you extend your H-1B beyond the usual six-year limit in three-year increments while you wait for your priority date, which is one of the most practical benefits of reaching this stage.
- Locks your priority date so you keep your place in the green card queue
- Enables AC21 portability once approved for 180 days
- Allows H-1B extensions beyond six years in three-year blocks
- Does not grant status or work authorization by itself
4What happens to your I-140 if you change jobs?
Timing is everything. If you leave before the I-140 is approved, or before it has been approved for 180 days, your employer can withdraw it and you generally lose that petition. A new employer would need to file a fresh PERM and I-140. The one thing you may keep is your priority date from the earlier approved I-140, which can carry forward to a future petition.
Once your I-140 has been approved for 180 days, AC21 portability lets you change to a same or similar occupation and keep both your priority date and the pending green card process, even if the original employer withdraws the petition. If you're weighing a move on H-1B, the mechanics of transferring while protecting your case are laid out in the H-1B transfer guide.
Before accepting an offer from a new employer mid-process, confirm they sponsor green cards and not just H-1B. ShouldApply surfaces each company's H-1B and green card filing history from DOL and USCIS disclosure data, and the H-1B Sponsorship Checker lets you look up a single employer in seconds.
Before you switch employers mid green card process, confirm the new company actually files green card petitions.
Look Up an Employer5How do you check I-140 status?
Once the petition is filed, USCIS issues a receipt notice with a 13-character receipt number. You can enter that number in the USCIS online case status tool to see the current stage, and you can create a USCIS account to get status alerts. Your attorney or HR immigration team usually has direct visibility too.
For a general sense of how long your wait should be, the USCIS processing-times page lets you select Form I-140, your category, and your service center to see the current published range. Premium processing cases bypass that queue entirely with the 15 business day guarantee.
Written by
Jesse Johnson
Founder, ShouldApply
Founder of ShouldApply. I write about job search strategy, hiring, and how to spend your time on opportunities that actually fit. Full bio →
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Frequently Asked Questions
Premium processing guarantees a decision on Form I-140 within 15 business days of USCIS receiving the request, for an additional fee on top of the base filing fee. The guarantee is a decision, which can be an approval, a denial, or a request for evidence, not an automatic approval. If USCIS misses the window, the premium fee is refunded while the case continues.
Regular I-140 processing currently runs about 4 to 9 months, and the exact range depends on which USCIS service center handles your case and your immigrant category. These are general current ranges. Check the live USCIS processing-times tool for Form I-140 at your specific service center, since the published times shift month to month.
An approved I-140 locks in your priority date (your place in the green card queue), gives you AC21 portability after 180 days, and lets H-1B holders extend beyond the six-year limit in three-year increments. It does not make you a permanent resident and does not grant work authorization by itself. You still need a current priority date and an approved I-485 to get the green card.
If your I-140 has been approved for at least 180 days, AC21 portability lets you change to a same or similar role and keep both the petition and your priority date, even if the original employer withdraws it. If you leave before that 180-day mark, you generally lose the petition itself, though you may be able to recapture your priority date for a future filing.
PERM comes first. It is the Department of Labor labor certification step. Once PERM is certified, the employer files the I-140 immigrant petition with USCIS, which relies on the certified PERM as its foundation. After the I-140 is approved and the priority date is current, the I-485 adjustment of status is the final step.
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Reaching the I-140 is the easy part.
Picking an employer who actually files green card petitions is the hard part. Check any company's sponsorship history from DOL and USCIS disclosure data before you sign.
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