How much does I-140 cost?

Form I-140 (immigrant petition) - $715 (USCIS filing fee for the immigrant petition.); Asylum Program Fee - $300 ($300 for self-petitioners and small employers (under 25); $600 for large employers (25+); $0 for nonprofits.) (site figures reviewed 2026-10-11; verify against the USCIS fee schedule).

Where do I file I-140?

You have 2 options for filing your Form I-140 petition with USCIS: By mail (paper); or Online. Filing Your Form I-140 by Mail The filing address depends on whether you are filing Form I-140 by itself or with another form. Check the Direct Filing Addresses for Form I-140 for instructions on where to mail your form. Filing Your Form I-140 Online First create a USCIS online account or login if you already have an account. To learn more, visit the USCIS How to Create a USCIS Online Account page. Visit the Forms Available to File Online webpage for information about when you or your representative can…

USCISThe petition

Form I-140: what it is, who files it, cost and timing

Updated: October 6, 2026Author: Alina Kanametova

Immigrant Petition for Alien Workers

I-140: what the form is for

Key answer

Use this form to petition for an alien worker to become a lawful permanent resident in the United States.

I-140: fee and where to file

USCIS fee: Form I-140 (immigrant petition) - $715 + Asylum Program Fee - $300.

Edition date: 06/07/24
Form I-140 (immigrant petition): Form I-140 (immigrant petition) - $715 (USCIS filing fee for the immigrant petition.)
Asylum Program Fee: $300 ($300 for self-petitioners and small employers (under 25); $600 for large employers (25+); $0 for nonprofits.)
Fee per uscis.gov: You can find the filing fee for Form I-140 on the USCIS Fee Schedule page. G-1055
Where to file: You have 2 options for filing your Form I-140 petition with USCIS: By mail (paper); or Online. Filing Your Form I-140 by Mail The filing address depends on whether you are filing Form I-140 by itself or with another form. Check the Direct Filing Addresses for Form I-140 for instructions on where to mail your form. Filing Your Form I-140 Online First create a USCIS online account or login if you already have an account. To learn more, visit the USCIS How to Create a USCIS Online Account page. Visit the Forms Available to File Online webpage for information about when you or your representative can…
Form: PDF
Instructions: PDF

Amounts are the site's fee table, reviewed 2026-10-11. Source: uscis.gov, checked 2026-09-12.

I-140: USCIS processing times

USCIS completes 80% of I-140 cases within: Extraordinary ability (E11) - 32.5 mo; Advanced degree or exceptional ability requesting a National Interest Waiver (NIW) - 30 mo (as of Oct 2, 2026).

Category	Office	80% of cases within
Extraordinary ability (E11)	SCD	32.5 mo
Outstanding professor or researcher (E12)	SCD	15 mo
Multinational executive or manager (E13)	SCD	27.5 mo
Advanced degree or exceptional ability (E21)	SCD	3 mo
Skilled worker or professional (E31; E32)	SCD	4 mo
Unskilled worker (EW3)	SCD	9 mo
Advanced degree or exceptional ability requesting a National Interest Waiver (NIW)	SCD	30 mo
Schedule A Nurses	SCD	25.5 mo

Source: USCIS Case Processing Times, read Oct 2, 2026. Categories in USCIS wording; SCD - service centers, NBC - National Benefits Center, FOD - field offices. All forms, month by month

I-140: how many cases USCIS handles

Q3 of fiscal year 2026 (April-June 2026): USCIS received 62,932 filings on this line, approved 37,975 and denied 7,069 (84% of decisions were approvals); 203,204 were waiting at the end of the quarter. Half of the completed cases took up to 3.9 months.

Line in the report	Received	Approved	Denied	Pending	Median, mo.
I-140, all categories (EB-1, EB-2, EB-3)	62,932	37,975	7,069	203,204	3.9

Decisions are counted in the quarter they were issued, so some were filed earlier; the line covers every category of the form, not your visa alone. Source: USCIS, Number of Service-wide Forms (xlsx), read 2026-10-11.

I-140: approvals by country of birth

In FY 2026 Q3 (Apr-Jun 2026) USCIS approved I-140 petitions: 242 to applicants born in Russia, 286 to applicants born in Ukraine, 37 to applicants born in Kazakhstan, 43 to applicants born in Belarus.

Approved I-140 petitions per quarter: all (EB-1A E11 / NIW)
Country of birth	FY 2025 Q2	FY 2025 Q4	FY 2026 Q2	FY 2026 Q3
Russia	284 (98 / 48)	348 (78 / 21)	274 (54 / 36)	242 (31 / 40)
Ukraine	171 (34 / 19)	289 (64 / 20)	299 (44 / 15)	286 (32 / 16)
Kazakhstan	61 (25 / 8)	46 (18 / 5)	45 (8 / 4)	37 (5 / 8)
Belarus	38 (12 / 6)	68 (9 / 0)	36 (2 / 3)	43 (3 / 3)

USCIS quarterly I-140 tables by beneficiary country of birth (fiscal year runs October to September); approvals in a quarter include petitions filed earlier. Each quarter links to its USCIS workbook; all releases: Immigration and Citizenship Data.

From the knowledge base: What Makes Up an O-1, EB-1, and EB-2 NIW Petition

A talent visa petition is not a form, but a folder: a petition form may have a few pages, while the full package often has more than a hundred. The petition for O-1, EB-1, or EB-2 NIW is better understood in layers rather than just as a list of documents: there is the procedural layer (forms, fees, petitioner's documents), the argumentation layer (cover letter), and the evidentiary layer (exhibits by criteria). The most expensive mistake at the start is to think that applying is just filling out a form and gathering evidence only for that.

A petition is a request for assignment of an immigration or employment status, which is reviewed by the US Citizenship and Immigration Services (USCIS). The three internal layers serve different purposes.

Read the full article

I-140: what the chats ask

2×answer briefly how to fill this out for EB2-NIW in form I-140? I'm applying for myself Job Title SOC Code Nontechnical Job Description If No - hours per week Is this a permanent position? Is this a new position? Wages
2×what is the cost of I-140?
2×I-140 premium
2×Then I will apply for EB-1A right away + premium. After the approval of the I-140 petition, can I continue to work in the USA since I am already here on TPS, which lasts only until October 2026? How long will the consideration of the I-485 and I-765 take? Can I work legally in the USA while they are under consideration?
2×fill out i140
2×i140 instructions

I-140: community answers

Will the process be faster if I file from the United States?: The I-140 itself is processed on its own timeline and is not necessarily faster just because you are in the United States. The next stage depends on visa availability under the Visa Bulletin and whether you can file adjustment of status or need to go through consular processing.
What date is used as the priority date for EB-2 NIW and PERM?: For EB-2 NIW, the priority date is usually the I-140 filing date. For PERM-based cases, it is the PERM/labor certification filing date.
Can I upgrade I-140 to premium processing later if my date becomes current in the visa bulletin?: If premium processing is available for your category, you can usually file a request to expedite an already filed I-140. But this speeds up only the decision on the petition, not the availability of an immigrant visa or the interview date.
What documents are usually submitted with I-485 after I-140 approval?: When filing for adjustment of status, applicants usually submit current forms for the applicant and family members, as well as medical Form I-693 if required. Before filing, you need to check the current form versions and USCIS instructions.
What are the current I-140 processing times for EB-1A or EB-2 NIW?: Processing times depend on the category, USCIS service center, whether premium processing is available, and workload. It is best to rely on USCIS's official current processing times and recent case experience, but not treat someone else's timeline as guaranteed.
Should premium processing for I-140 be filed right away?: Premium processing speeds up I-140 adjudication, but it does not automatically solve visa availability, I-485, biometrics, or outside holds. The decision depends on urgency, budget, the applicant's status, and case risks.

I-140: where people go wrong - from the chats

mistakeA common mistake is assuming that once the I-140 is approved, the right to work or change status appears automatically. Work authorization is usually requested separately, for example together with I-485, if applicable.

I-140: real timelines named in the chats

Stage	Typically	Note
EB-1A: I-140 Premium Processing, Nebraska	about 2-3 weeks	There is an observation of approval without an RFE in less than 3 weeks with premium processing.
EB-1A / I-140 with premium processing: review after RFE	up to 15 business days; about 11 business days has been seen	A response was mentioned at the beginning of the third week after responding to an RFE, within the standard premium processing window.
EB-1A / EB-2 NIW: I-140 with premium processing	about 3 weeks	There is an observation of I-140 approval without an RFE in about 3 weeks under premium processing.
EB-1A / EB-2 NIW: preparing for I-485 after I-140 approval	a couple of months	After I-140 approval, gathering documents for I-485 can take several months, especially if civil documents need to be obtained and translated.
EB-1A / EB-2 NIW: I-485 after I-140 approval	9-11 months	The discussion uses an expected wait of about 9-10 months after I-140 approval; it also mentions an actual I-485 wait of about 10 months against a field office estimate of about 11 months.
EB-2 NIW: I-140 - waiting for a petition response without expedited processing	3-9 months, sometimes up to about 1 year	The messages say that for EB-2 NIW, the wait for a petition decision often falls within the stated 3-9 months, but can stretch to about a year; a 2-week expedite is not available in the stated context.

I-140: myths and reality

Misconception: An approved I-140 is often perceived as an almost finished green card or as the right to already be in the United States and work freely, especially if an EB-1A or EB-2 NIW case is approved.

In reality: An approved I-140 is only confirmation of the immigrant petition. By itself, it does not provide a green card, does not provide status in the United States, does not provide work authorization, and does not guarantee immediate approval of an I-485 or visa. Getting a green card requires the next step: adjustment of status through I-485 in the United States or consular processing through an embassy. If no visa number is available for the category, the I-485 may remain pending even after I-140 approval. You can work only if you have separate authorization, such as valid nonimmigrant status with work authorization, an approved EAD through I-765, or a green card already received.

Misconception: A common misconception is to view concurrent filing as an almost free option: filing I-140 together with I-485 is always beneficial, a pending I-485 gives full status, EAD/AP can be used safely, and if the I-140 is denied, the worst that happens is losing filing fees, with time to calmly change status or refile.

In reality: I-485 can be filed only when the category and priority date allow filing under the current Visa Bulletin and USCIS rules. A pending I-485 usually provides a period of authorized stay, but it is not an independent nonimmigrant status and does not always protect against the consequences of prior violations. If the I-140 is denied or the I-485 is rejected/denied, the related EAD/AP may end, filing fees are not refunded, and an applicant without valid independent status may be left with no lawful basis to stay and with a risk of enforcement consequences.

Myth: After entering the United States, you must wait 90 days before filing I-140.

In reality: I-140 can usually be filed regardless of the 90-day period. The so-called 90-day rule is not tied to I-140 itself, but to the assessment of possible misrepresentation or immigrant intent in certain contexts, especially when changing or adjusting status.

Myth: Premium processing I-140 always shortens the total time to a green card.

In reality: Expediting I-140 can produce a faster decision on the petition, but it does not make the priority date current and does not speed up visa number availability. If the category is retrogressed, the applicant still has to wait for their date and, if in the United States, maintain lawful status.

Myth: Filing I-140 changes status in the U.S. and allows you to stay in the country legally.

In reality: Filing or approval of I-140 by itself does not give immigration status, does not extend your authorized stay, and is not work authorization. To stay lawfully, you need to have valid nonimmigrant status or, if a visa number is available, file I-485 and obtain the related benefits of a pending adjustment.

Myth: The priority date is always counted from the date I-140 is filed.

In reality: For PERM-based categories, the priority date is usually tied to the date the PERM is filed with the Department of Labor. For categories without PERM, such as EB-1 or EB-2 NIW, the priority date usually corresponds to the date USCIS receives the I-140.

I-140: rules and tips from the chats

ruleIf the applicant is in the US in lawful status, they may consider filing a petition and changing or adjusting status, but it is important to separately check how filing I-140/I-485 affects the current nonimmigrant status.
ruleApproval of I-140 by itself does not solve status issues inside the US. When filing I-485, problems with prior status, entry, violations, or inadmissibility grounds may come up, so they should be checked in advance.
ruleIf the form asks whether an immigrant petition has been filed on behalf of the applicant, an approved or filed I-140 is usually considered such a petition, even if I-485 was not filed.
ruleApproval of an I-140 petition by itself does not mean a green card will arrive quickly: the remaining timeline depends on the chosen path, the visa bulletin, filing I-485 or the consular stage, and possible checks.
ruleAn I-140 in immigrant categories can be filed while the applicant is outside the United States. However, adjustment of status through I-485 is available only when the applicant is in the United States and requires a separate review of current status, violations, and work authorization eligibility.
ruleWhen self-filing EB-1, the fee for I-140 for the principal applicant is usually paid first; premium processing is paid separately. Fees for family members arise at later stages, for example when filing I-485 or during consular processing.
ruleWhen filing EB-1 from the United States, the applicant may combine I-140, I-485, and I-765 under the pending adjustment category if a visa is available. Work is permitted only after the work authorization is approved, not simply after the form is filed.
ruleFiling I-140 by itself usually does not restrict travel outside the United States, but after I-485 is filed, travel risks arise. For safer travel with a pending I-485, applicants usually file I-131 for advance parole, understanding that it does not guarantee reentry.

I-140: cases from the community

EB-1A/EB-2 NIW · not specified · outcome not stated

An applicant in an immigrant category with an I-140 petition faced a situation where, after the consular stage, the case was reportedly sent from the State Department back to the immigration service for further review.

What they did: Completed the interview and waited for a decision after the case was transferred between agencies.

EB-1C · management/business · approved

The applicant had a previously approved immigration petition in a managerial category, filed several years ago, but did not use it.

What they did: Kept the approved I-140 as an unused immigration asset.

I-140: the consular stage - rules from the chats

After I-140 approval, applicants usually wait for the case to be transferred to NVC and for an instruction letter, but the transfer can take weeks to months.
If a noticeably longer than usual time has passed after approval, a practical step is to check the status with NVC or through a representative, rather than assuming an interview will be scheduled automatically right after approval.

I-140: questions and answers on the site

Distilled from the public community chats, anonymised; corpus as of June 2026. These are participants' observations, not legal advice and not USCIS statistics.

I-140: from community discussions

«As far as I understand, you can submit the I-140 and I-485 concurrently. From this perspective, it does not matter whether it's EB1 or EB2. The work permit (and Advanced Parole, which allows travel) can simply be revoked later if the I-140 is not approved. However, this means losing the fee for the I-485, which is quite substantial, especially for a family (you need to assess whether it's worth the risk; we decided it was worth it in our case).»
Anna K. · from public community chats
«Upon arrival, if you later want to submit an immigration petition and change your status, it is better to obtain a long-term non-immigrant visa, like F1, and then submit the I-140, as you won't have enough time to get the I-140 approval while on a tourist visa if an RFE (which is quite likely at the moment) comes up.»
Yernar · from public community chats
«There was an EB2 NIW - the I-140 was approved, but there was a queue. They converted the case to EB1, the I-140 was approved, I received the combo card and medical, and submitted the RFE. I recently received an update on September 26, case still pending - no visa numbers available. I just received the 485J. Now I am just waiting for the I-485 to be processed.»
Sergey · from public community chats
«As far as I know, submitting I-140 and I-485 at the same time can provide legal time while the case is being reviewed. However, they won't be able to do AOS without TPS inside the country; they will need to leave. If only the I-140 is submitted, it does not provide any benefits.»
Yuliia · from public community chats

Personal opinions of community members from public discussions, not legal advice.

The form and instructions on the official site Check the forms before sending

I-140: related guides

I-140: samples and documents from the library

I-140: common questions

What is I-140?: Use this form to petition for an alien worker to become a lawful permanent resident in the United States.
How much does I-140 cost?: Form I-140 (immigrant petition) - $715 (USCIS filing fee for the immigrant petition.); Asylum Program Fee - $300 ($300 for self-petitioners and small employers (under 25); $600 for large employers (25+); $0 for nonprofits.) (site figures reviewed 2026-10-11; verify against the USCIS fee schedule).
Where do I file I-140?: You have 2 options for filing your Form I-140 petition with USCIS: By mail (paper); or Online. Filing Your Form I-140 by Mail The filing address depends on whether you are filing Form I-140 by itself or with another form. Check the Direct Filing Addresses for Form I-140 for instructions on where to mail your form. Filing Your Form I-140 Online First create a USCIS online account or login if you already have an account. To learn more, visit the USCIS How to Create a USCIS Online Account page. Visit the Forms Available to File Online webpage for information about when you or your representative can…

Reference information from public USCIS and State Department rules, not legal advice. Fee amounts change: check them against the calculator on uscis.gov before sending.

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