The I-140 processing time is the second most watched number for employment-based applicants, after the Visa Bulletin. USCIS publishes it in two ways: an online case processing tool, and quarterly data with a median for every form. This guide uses the quarterly data, which shows trends and pending counts.
As of October 29, 2026, the most recent quarter covers April to June 2026. The figures below come straight from USCIS's spreadsheets, so you can check them yourself, and they describe the agency as a whole rather than any one service center or any one case.
- I-140s completed in April to June 2026 had a median processing time of 3.9 months, up from 3.4 months in January to March.
- USCIS had 203,204 I-140s pending at the end of June 2026, up from 184,209 at the end of March.
- NIW petitions made up 96,297 of the pending I-140s at the end of June 2026.
- Premium processing is 15 business days for EB-1A, EB-1B and non-NIW EB-2; 45 business days for EB-1C and NIW.
- An RFE stops the premium clock, and a new timeframe starts when USCIS receives the response.
- The median covers all completed I-140s; USCIS's quarterly file does not break it out by category.
What is the current I-140 processing time?
| Quarter (FY 2026) | Received | Completed | Pending at end | Median |
|---|---|---|---|---|
| Q2: January to March 2026 | 51,110 | 54,647 | 184,209 | 3.4 months |
| Q3: April to June 2026 | 62,932 | 45,044 | 203,204 | 3.9 months |
(USCIS, Quarterly All Forms data, FY 2026 Q2; FY 2026 Q3)
In the latest quarter, USCIS received more I-140s than it completed, so the pending count rose by about 19,000. The median also moved up by half a month in a single quarter.
USCIS defines the median carefully: "The number of months presented is the median which is the time it took to complete 50% of all the cases processed in the quarter" (USCIS, Quarterly All Forms data, FY 2026 Q3). It looks backward at decided cases, so it can lag behind a growing queue. Our guide to USCIS processing times explains how this differs from the online tool.
Why did the queue grow?
Two things moved at once. Receipts rose from 51,110 in January to March to 62,932 in April to June, an increase of about 23 percent. Completions fell from 54,647 to 45,044 over the same period. When more petitions arrive and fewer are decided, the pending count climbs, and the median can rise as the cases being decided are ones that waited longer.
That pattern matters if you are deciding when to file. A median published today describes cases decided months ago. If the queue is still growing, petitions filed now may wait longer than the latest median suggests, especially in categories with the biggest backlogs.
Does the time differ by category?
The quarterly file gives a single median for all I-140s, but USCIS's separate I-140 file shows how different the queues are. At the end of June 2026:
| Category | Received (Q3) | Approved (Q3) | Denied (Q3) | Pending |
|---|---|---|---|---|
| EB-1A (E11) | 6,036 | 1,348 | 2,832 | 28,874 |
| EB-1B (E12) | 1,328 | 1,408 | 106 | 1,687 |
| EB-1C (E13) | 3,554 | 3,658 | 96 | 12,657 |
| EB-2 advanced degree (E21) | 15,476 | 12,154 | 323 | 8,644 |
| EB-2 NIW | 13,831 | 3,835 | 3,103 | 96,297 |
| EB-3 skilled worker (E31) | 9,547 | 5,649 | 194 | 39,674 |
| EB-3 professional (E32) | 8,208 | 5,846 | 125 | 6,269 |
| EB-3 other worker (EW3) | 4,952 | 4,077 | 290 | 9,102 |
(USCIS, Form I-140 data, FY 2026 Q3)
The contrast between categories is striking. PERM-based EB-2 petitions (E21) had 8,644 pending against 12,477 decisions in the quarter. NIW had 96,297 pending against 6,938 decisions. These counts are not wait times, but a queue many times larger than quarterly output points to longer regular processing for NIW and EB-1A. Our guides to NIW processing time and EB-1A processing time look at each.
How fast is premium processing?
Much faster, for a fee. The regulation sets these timeframes (8 CFR 106.4(e), eCFR):
| Petition | Premium timeframe |
|---|---|
| EB-1A, section 203(b)(1)(A) | "15 business days" |
| EB-1B, section 203(b)(1)(B) | "15 business days" |
| EB-2 not involving a national interest waiver | "15 business days" |
| EB-3 skilled, professional and other workers | "15 business days" |
| EB-1C, section 203(b)(1)(C) | "45 business days" |
| EB-2 "involving a waiver under section 203(b)(2)(B)" (NIW) | "45 business days" |
Premium processing guarantees an action, not an approval. "USCIS will issue an approval notice, denial notice, a notice of intent to deny, or a request for evidence within the premium processing timeframe" (8 CFR 106.4, eCFR).
Can you upgrade a pending petition to premium?
Yes, for the I-140 categories USCIS has opened to it. USCIS lists NIW as fully eligible: "As of Jan. 30, 2023, all pending and initial Form I-140 petitions under an E21 NIW classification are eligible to request premium processing." The same is true for EB-1C, where "all pending and initial Form I-140 petitions under an E13 multinational executive and manager classification are eligible" (USCIS, How Do I Request Premium Processing?). That means you can file under regular processing and upgrade later if your plans change, for example if a job change, a visa expiration or a newly current priority date makes the timeline more urgent.
What happens if you get an RFE?
The clock stops. USCIS says that if a petition "requires the submission of additional evidence or a response to a notice of intent to deny, the 15-, 30-, or 45-day premium processing time period will stop and reset" (USCIS, How Do I Request Premium Processing?). For regular processing, the regulation says "any time limitation imposed on USCIS for processing will be suspended as of the date of request" (8 CFR 103.2(b)(10)(i), eCFR). Our guide to responding to an RFE covers how to answer quickly and completely.
Can you file the I-485 at the same time?
Only if a visa is available. USCIS says you may concurrently file only if your priority date is earlier than the Final Action Date, the chart shows your category as current, or, when USCIS allows it, your date is earlier than the Dates for Filing cutoff (USCIS, Visa Availability and Priority Dates). For November 2026, USCIS says "for all employment-based preference categories, you must use the Dates for Filing chart" (USCIS, Adjustment of Status Filing Charts).
What does approval give you?
A place in line that is hard to lose. The regulation says an approved EB-1, EB-2 or EB-3 petition "accords the alien the priority date of the approved petition for any subsequently filed petition" in those categories (8 CFR 204.5(e), eCFR). Our guide to what comes after I-140 approval covers the next steps.
What this means for you
- Use 3.9 months as a rough all-category midpoint, not a promise for your case.
- If you file NIW or EB-1A, expect regular processing to run longer than PERM-based EB-2.
- Consider premium processing when timing matters, remembering it guarantees an action, not an approval.
- File a complete petition to avoid RFEs, which stop the clock.
- Check whether you can file the I-485 concurrently in the current month's chart.
Where to start
Our free evaluation at /evaluate/ maps your record against the EB-1A and NIW standards before you file, and Frank, our AI assistant at /frank, helps fill evidence gaps that commonly draw RFEs. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 29, 2026.
- USCIS, Quarterly All Forms data, FY 2026 Q2 (January to March 2026). I-140 receipts, completions, pending, median.
- USCIS, Quarterly All Forms data, FY 2026 Q3 (April to June 2026). I-140 receipts, completions, pending, median; median definition.
- USCIS, Form I-140 data, FY 2026 Q3. Receipts, approvals, denials and pending by category.
- 8 CFR 204.5(e) (eCFR, current text). Priority date retention after approval.
- 8 CFR 106.4 (eCFR, current text). Premium processing timeframes and actions.
- USCIS, How Do I Request Premium Processing?. Clock stops and resets after an RFE.
- 8 CFR 103.2(b)(10) (eCFR, current text). Suspension of processing time limits.
- USCIS, Visa Availability and Priority Dates and Adjustment of Status Filing Charts. Concurrent filing; November 2026 chart.
Frequently asked questions
What is the current I-140 processing time?
USCIS's latest quarterly data shows a median of 3.9 months for I-140 petitions completed between April and June 2026, up from 3.4 months in the previous quarter. That figure covers all I-140 categories combined. Your own case can take longer or shorter, depending on the category, the service center and whether USCIS sends a request for evidence.
How long does premium processing take for an I-140?
The regulation sets 15 business days for EB-1A, EB-1B and EB-2 petitions that do not request a national interest waiver, and 45 business days for EB-1C multinational managers and NIW petitions. Within that time USCIS issues an approval, denial, request for evidence or notice of intent to deny. An RFE stops the clock, which restarts when your response arrives.
Why is my NIW I-140 taking longer than the median?
The median combines every category. USCIS data shows NIW had 96,297 petitions pending at the end of June 2026, far more than any other I-140 category, against 6,938 NIW decisions in that quarter. A large queue relative to decisions suggests longer waits for regular processing, which is why many NIW filers consider premium processing.
Does I-140 approval mean I get a green card?
No. I-140 approval confirms you qualify for the category. You still need a visa number, shown by your priority date in the Visa Bulletin, and then an approved I-485 or immigrant visa. The regulation bars approval of a preference-category I-485 until the State Department allocates a visa number.
Can I file the I-485 with the I-140?
Yes, if a visa is available for your category and country. USCIS says you may concurrently file only if your priority date is earlier than the Final Action Date, the chart shows the category as current, or USCIS allows use of the Dates for Filing chart and your date is earlier than that cutoff. For November 2026, USCIS directs employment-based applicants to the Dates for Filing chart.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
