Form I-140: what it is, who can self-file, what comes next
Updated: Author: Alina Kanametova
Form I-140: what it is, who files it, the fee and processing timesForm I-140: definition
Key answer
The petition itself goes with the form: the cover letter, the exhibit index and the evidence for the criteria. The date USCIS receives the I-140 becomes your priority date - your place in the visa-bulletin queue.
After I-140 approval there are two routes: adjustment of status inside the US (I-485) or consular processing via the NVC. Premium processing (I-907) is available for the I-140.
The petition rules live in the regulation 8 CFR 204.5: the EB-1A criteria, the EB-2 and NIW conditions and the priority-date rule. Since Dec 16, 2025 the I-140 can also be filed online by PDF upload.
Form I-140: the official source
Form I-140: common questions
- Can I file the I-140 myself?
- Yes - for EB-1A (8 CFR 204.5(h)(1): the applicant or anyone on their behalf may file) and for EB-2 NIW (204.5(k)(1): when asking for the job-offer waiver). For EB-1B, EB-1C and regular EB-2 the petitioner is the employer.
- How much does filing the I-140 cost?
- Per the USCIS fee schedule (G-1055, edition 10/07/26, checked Oct 11, 2026): $715 on paper or $665 online, plus the Asylum Program Fee - $300 for a self-petitioner or small employer, $600 for other employers, $0 for nonprofits. Premium processing (I-907) adds an optional $2,965.
- How long does the I-140 take?
- With premium processing USCIS commits to act within 15 business days for EB-1A and 45 business days for EB-2 NIW and EB-1C (USCIS premium processing page, checked Sep 30, 2026). Without it, check the processing-times tool for your centre.
- Which categories use the I-140, and who is the petitioner?
- Per 8 CFR 204.5: EB-1A - the applicant or anyone on their behalf, with no job offer or labor certification; EB-1B (outstanding professors and researchers) and EB-1C (multinational managers) - a US employer; EB-2 and EB-3 - an employer with an approved PERM labor certification, while EB-2 with a national interest waiver (NIW) can be self-filed.
- What happens after the I-140 is approved?
- The filing date becomes your priority date - your place in the Visa Bulletin queue. Once the date is current, you get the green card either by adjusting status inside the US (I-485) or through consular processing (NVC, DS-260, an embassy interview).
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.
Form I-140: what to do - tools
Form I-140: read next
Form I-140: documents and templates from the library
Form I-140: from community discussions
«I don't know how it is for makeup artists, but as a designer with an o1 I can picture more clearly how to get a visa as a photographer. You'll need wins/awards from competitions, publications of your work at exhibitions or in magazines with your name credited, recommendation letters from people in the industry - that's not hard to get if you're sociable enough.»
community member · from public community chats
«People often don't understand the structure of a petition: when they say "I'll prepare everything," they think all that's left is to package it. But each item there needs several others. Like, here's a media article - and you need a pile of exports about the outlet's ratings and a description of the outlet itself, plus all of it with translations.»
Olga · from public community chats
«For NIW you don't need a lot of citations, there the proposed endeavor matters more. I have 23 citations, that was more than enough.»
Yuliya · from public community chats
Personal opinions of community members from public discussions, not legal advice.
Form I-140: related terms
A reference definition, not legal advice. Requirements and procedures depend on your case - verify on uscis.gov.
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