Immigrant's Guide to Understanding I-140 Processing Time

The I-140 petition or Immigrant Petition for Alien Worker is a step to consider for individuals seeking to obtain employment-based immigrant visas in the U.S. It’s important to understand the I-140 processing time involved in planning and preparing properly.

On average, the USCIS aims to process I-140 petitions within six months. However, it’s best to note that this is only an estimate. As such, the actual processing time can be shorter or longer.

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What is the I-140 Form?

I-140 Form

Screenshot from USCIS

Employers in the U.S. can apply for the employment-based immigration of a foreign national employee by submitting Form I-140.

The form’s purpose is to prove that the U.S. employer has a job opening and that no competent U.S. workers are available to fill it. It also serves as proof that the foreign worker being sponsored is qualified, educated, and experienced enough to carry out the job obligations. Then, they apply for immigration benefits.

Factors that Affect the I-140 Processing Time

Here are some factors that can influence the processing time of an I-140 petition:

Service Center workload. Some service centers may experience higher volumes of applications.
Priority date. The priority date is when the petition is filed. USCIS processes petitions in the order they are received, and the priority date establishes an immigrant’s place in the queue.
Visa Bulletin. The U.S. Department of State issues a monthly Visa Bulletin that indicates visa availability based on the country of chargeability.
Petition category. Different employment-based immigrant visa categories have varying demands and allocation of visa numbers. Certain categories may have more demand than others.
RFE (Request for Evidence). The processing time can be delayed if the USCIS issues an RFE seeking additional documentation. Responding to an RFE promptly is important for minimizing delays.
Government processing backlogs. Delays may occur due to broader issues within the immigration system.
Changes in immigration policies. Policy shifts or updates may lead to increased scrutiny or changes in procedures.
Geopolitical factors. Changes in diplomatic relations or geopolitical events can influence immigration policies.

Please check the U.S. Citizenship and Immigration Services or USCIS website for the most up-to-date details.

How to Prepare for a Successful I-140 Petition

To ensure a successful outcome and minimize delays in the I-140 processing time, it is best to prepare properly.

Here are the key steps to follow:

Step 1: Gathering the necessary documents

You need to gather all the necessary documents and evidence to support your eligibility for the desired visa category. Aside from Copies of the beneficiary’s passport and other identifying documents, some requirements of I-140 categories are:

EB-1 – Outstanding researchers and professors. Evidence of international acclaim includes awards, published articles, or citations—letters of recommendation from peers.
EB-2 – Professionals holding an advanced degree or persons of exceptional ability. Evidence of the beneficiary’s advanced degree or exceptional ability. Letters of recommendation from experts.
EB-3 – Skilled workers. Evidence of the beneficiary’s skills and experience. An employment authorization documents adn certification from the Department of Labor.
EB-5 Investors – Proof of the beneficiary’s investment of at least $1 million in a U.S. business. A business plan for the investment.

Step 2: Completing the I-140 form accurately

The form requires information about both the petitioner and the beneficiary. You need to provide accurate and up-to-date information to avoid any complications.

Omissions in the following fields will result in rejection:

Family Name / Company or Organization Name
Social Security Number / IRS Employer Identification Number
Mailing Address
Petition Type
Beneficiary’s date of birth

Remember to sign your form, or it will be rejected. It’s also advisable to seek professional assistance or consult an immigration attorney.

Step 3: Submitting the I-140 petition and supporting documents

It’s important to carefully review the submission requirements and ensure that all documents are included. The USCIS provides detailed instructions on the submission process, including the $700 filing fee.

It is advisable to keep copies of all submitted documents for reference.

Step 4: Monitoring the progress of your I-140 petition

After submitting the I-140 petition, it is important to monitor the progress of your case. The USCIS provides online tools to track the status of your petition.

It’s best to check the USCIS website and set up email alerts to be informed about any updates. If there are any delays or issues with your petition, it is important to address them promptly.

Tips for Expediting the I-140 Processing Time

While it is not possible to guarantee an expedited processing time, there are some steps you can take:

Premium processing. You can go for premium processing by paying an additional fee if eligible. This service guarantees a response from the USCIS within 15 calendar days.
Follow up on the application. Review your application status using the USCIS online tools. Remember to respond promptly to any requests for additional evidence or information.
Seek professional assistance. Consulting an immigration attorney or seeking professional assistance helps ensure that your application is well-prepared. This increases the chances of a smooth and timely processing time.

Conclusion

Mastering the I-140 processing time is crucial for individuals seeking employment-based immigrant visas in the United States. While delays can occur, addressing any issues promptly can help minimize the impact on the processing time.