Form I-140 processing time
I-140 Advanced degree or exceptional ability requesting a National Interest Waiver (NIW)
Processing time trend
Months to decision
FY diamonds are USCIS-published yearly national averages. Weekly points average our daily snapshots. Daily points are individual USCIS snapshots from the last 30 days.
Summary · Updated 2026-06-23
As of 2026-06-23, USCIS reports a 26.5 Months to 29 Months processing time for Form I-140 Advanced degree or exceptional ability requesting a National Interest Waiver (NIW) cases handled by Service Center Operations (SCOPS). This range represents the time to complete 80% of these cases. If your filing receipt is dated before January 25, 2024, you may submit a case inquiry to USCIS.
How long does I-140 Advanced degree or exceptional ability requesting a National Interest Waiver (NIW) take?
USCIS currently publishes a range of 26.5 Months to 29 Months for Form I-140 Advanced degree or exceptional ability requesting a National Interest Waiver (NIW) cases handled by Service Center Operations (SCOPS), as of . This is the time to complete 80% of cases of this type at this office — your case may resolve faster or slower than the published range.
Can I submit a case inquiry?
USCIS accepts case inquiries when your receipt date is older than the published inquiry date. For I-140 Advanced degree or exceptional ability requesting a National Interest Waiver (NIW) at Service Center Operations (SCOPS), that date is currently January 25, 2024. If your filing receipt is dated before that, you can submit a service request through your USCIS online account.
Sponsored
Stuck waiting on USCIS? Talk to an immigration attorney free for 15 minutes.
How to read the chart
The chart combines four data sources, oldest to newest: USCIS-published fiscal-year averages from FY2014 (including the current partial year), drawn from USCIS's Historic Processing Times page; weekly averages computed from our daily snapshots; and daily snapshots for the most recent 30 days. A flat line means the published range was unchanged in our snapshots, not that nothing is happening on individual cases.
Source & methodology
All processing-time figures on this page come directly from USCIS's official Processing Times tool. We snapshot the published ranges every weekday and store the time series for trend analysis. Historic fiscal-year medians come from USCIS's Historic Processing Times page. This site is independent and not affiliated with USCIS or any government agency.
Frequently asked questions about I-140
What is Form I-140?
Immigrant Petition for Alien Worker. It's the employment-based green card petition typically filed by the US employer (or by the foreign worker themselves for EB-1A, EB-2 NIW, and EB-5). I-140 approval creates a priority date that the beneficiary later uses to file I-485 (adjustment) or pursue consular processing.
Which categories does I-140 cover?
EB-1 (priority workers — extraordinary ability, outstanding researchers, multinational managers), EB-2 (advanced degree professionals, exceptional ability, and National Interest Waivers), and EB-3 (skilled workers, professionals, and other workers).
Is premium processing available for I-140?
Yes, for most I-140 categories. File Form I-907 with $2,805 (as of 2024 fee rule) to guarantee USCIS action within 15 business days. EB-1C multinational manager and EB-2 NIW were added to premium processing in 2022.
What is the priority date?
The date your PERM labor certification was filed with the Department of Labor (for EB-2 and EB-3 cases requiring PERM), or the date USCIS received your I-140 (for EB-1A, EB-2 NIW, and other PERM-exempt categories). Your priority date is your place in line for a visa number.
What's the difference between EB-2 and EB-3?
EB-2 requires a US Master's degree (or higher) or a Bachelor's plus 5 years of progressive experience; EB-3 requires a Bachelor's plus job requirements of less than 5 years (Professional), 2+ years experience/training (Skilled), or less than 2 years training (Other Workers). EB-2 NIW is self-petitionable with no PERM and no employer. See our EB-2 vs EB-3 guide for the full comparison.
Can I change jobs after I-140 is approved?
Yes, under AC21 §106(c), once your I-485 has been pending 180+ days, you can change to a same-or-similar occupation without losing your priority date or green card eligibility. Your I-140 also remains valid for retaining the priority date even if you change employers before filing I-485 (subject to a 180-day requirement from approval).
How long is PERM labor certification taking?
PERM is a Department of Labor process that precedes most EB-2 and EB-3 I-140 filings. As of 2025-2026, PERM is taking approximately 14-18 months from filing for adjudication, plus an additional 6 months for the prevailing wage determination beforehand. Audits significantly extend timing.
Helpful guides
Other I-140 case types
- Advanced degree or exceptional ability (E21)
- Extraordinary ability (E11)
- Multinational executive or manager (E13)
- Outstanding professor or researcher (E12)
- Schedule A Nurses
- Skilled worker or professional (E31; E32)
Sponsored · Immigration attorney
Case taking longer than expected?
Litwin Law offers a free consultation for delayed USCIS cases. Talk to an attorney about your options.
Book free consult →Feedback
Spot something off?
Tell us — we read every note.