I-140 Processing Time, Filing Fee, and Premium Processing (2026)

Form I-140 — the Immigrant Petition for Alien Worker — is the central filing in every employment-based green card case. Whether your employer is sponsoring you through the PERM labor certification process or you are self-petitioning through the National Interest Waiver, everything ultimately runs through the I-140. Understanding how long it takes, what it costs, and what the approval landscape looks like is essential before you file.

Standard I-140 Processing Times in 2026

Processing times at USCIS vary by petition type and service center, and they shift regularly. As a general benchmark:

• EB-2 PERM-based I-140: Standard processing typically runs 6 to 8 months for most service centers. However, USCIS has been slower in some periods, and individual cases can take longer.
• EB-2 NIW self-petition: Standard processing currently takes 12 to 18 months — the NIW requires more substantive adjudication of the Dhanasar three-prong test, making it slower than employer-sponsored petitions.

These are the timelines without expediting. For most applicants, waiting over a year for a decision without locking in a priority date is too long. That is where Premium Processing becomes relevant.

I-140 Premium Processing: Cost and Timeline

USCIS expanded Premium Processing to cover EB-2 NIW petitions in 2023. As of March 2026, the fee for Form I-907 (Premium Processing) increased to $2,965 — up from the prior rate, as part of USCIS's 2026 fee restructuring.

Premium Processing guarantees:

• For PERM-based EB-2 I-140s: adjudicatory action within 15 business days
• For EB-2 NIW self-petitions: adjudicatory action within 45 business days

"Adjudicatory action" means USCIS will issue an approval, a denial, or a Request for Evidence (RFE) within that window — not necessarily a final decision if an RFE is issued. If you receive an RFE, the clock pauses until you respond.

For most applicants, Premium Processing on the I-140 is worth serious consideration. Locking in your priority date quickly matters, especially for Indian and Chinese nationals where the queue moves by weeks per year.

I-140 Filing Fees in 2026

The 2026 USCIS fee schedule introduced several changes:

• Online filing: $665
• Paper filing: $715
• Asylum Program Fee surcharge (employers with 26+ employees): $600 additional
• Asylum Program Fee surcharge (small employers with 25 or fewer employees, or individual NIW self-petitioners): $300 additional
• 501(c)(3) non-profit organizations: Exempt from the Asylum Program Fee

For a self-petitioning NIW applicant using premium processing, the total government fees approach $4,000 before any legal costs — $665 (online filing) + $300 (Asylum Program Fee for self-petitioners) + $2,965 (premium processing).

For employer-sponsored cases with a large employer, the combined fees are higher still: $715 (paper) + $600 (Asylum Program surcharge) + $2,965 (premium processing) = $4,280 per petition.

I-140 Approval Rates: What the Data Shows

Approval rates have shifted dramatically in recent years, particularly for NIW petitions. Historical data tells a clear story:

• FY2022: NIW approval rate of approximately 95.7%
• FY2023: Dropped to 79.99%
• FY2024: Fell further to 43.31%
• Q4 FY2025: Hit a low of 35.7%
• Full-year FY2025 average: 55.2%

This collapse in approvals happened while application volumes were rising — NIW filings reached 66,276 in FY2025, up over 4% year-over-year. USCIS adjudicators are applying stricter scrutiny to all three Dhanasar prongs, with particular focus on national importance (Prong 1) and the petitioner's documented track record (Prong 2).

For employer-sponsored PERM-based EB-2 I-140s, approval rates remain significantly higher, but denials and RFEs do occur — most commonly due to issues with the employer's ability to pay the proffered wage, or educational qualification mismatches.

After I-140 Approval: What Happens Next

An approved I-140 locks in your priority date — the date the DOL accepted your PERM application, or the date USCIS received your NIW petition. This is the date that determines your place in the Visa Bulletin queue.

For Rest of World applicants filing now, EB-2 is current — meaning you can file Form I-485 (Adjustment of Status) immediately upon I-140 approval, or concurrently if processing allows. Total time from PERM filing to green card in hand: approximately 2.5 to 3 years for PERM, 12 to 24 months for NIW with premium processing.

For Indian and Chinese nationals, an approved I-140 does not mean a green card is imminent. It means you now hold a priority date in a queue that may take a decade or more to clear. The I-140 stays valid indefinitely once approved, and once it has been approved for 180 days, your employer cannot revoke it to strip you of the priority date — even if you leave the company.

The I-140 also enables H-1B extensions beyond the standard six-year cap. An approved I-140 allows unlimited one-year extensions, and a PERM filed at least 365 days before the cap-out date allows three-year H-1B extensions — critical for Indian nationals managing a multi-decade wait.

If you want to understand how the I-140 fits into your full green card strategy — including when to use premium processing, how to handle RFEs, and how to protect your priority date through employer changes — the US EB-2 Employment-Based Green Card Guide walks through the complete process.