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USCIS Processing Time Trends for I-140 Petitions in 2026: What Employers and Foreign Workers Need to Know

Lorn & Partner Team
31 November 2025

USCIS Processing Time Trends for I-140 Petitions in 2026: What Employers and Foreign Workers Need to Know

For employers sponsoring foreign workers for permanent residence, Form I-140, Immigrant Petition for Alien Workers, is one of the most important steps in the employment-based immigration process. But one question continues to create uncertainty for employers and beneficiaries alike: How long will USCIS take to decide an I-140 petition in 2026?

 
The answer is more encouraging than some recent years—but processing times still vary significantly depending on the filing category, whether premium processing is used, the service center handling the case, and whether USCIS requests additional evidence.

 
USCIS historical data through May 31, 2026 shows a notable improvement in the median processing time for non-premium I-140 petitions compared with FY 2025. At the same time, premium processing remains a valuable option for employers and workers who need greater predictability.

 
Understanding these trends can help businesses plan hiring, international assignments, green card sponsorship, and workforce transitions more effectively. 

What Is Form I-140?

Form I-140 is the petition generally used by a U.S. employer or qualifying petitioner to request classification of a foreign national as an employment-based immigrant worker.

 
Depending on the circumstances, an I-140 may be filed under employment-based categories such as: 

         • EB-1 for certain priority workers;
         • EB-2 for professionals with advanced degrees or individuals of exceptional ability;
         • EB-2 National Interest Waiver (NIW); and
         • EB-3 for skilled workers, professionals, and certain other workers. 

An approved I-140 does not, by itself, grant permanent residence. Instead, it establishes the beneficiary's eligibility for an employment-based immigrant classification. The beneficiary may then proceed through adjustment of status or consular processing when an immigrant visa is available. 

Because the I-140 is a critical milestone, processing delays can affect an entire immigration strategy. 

2026 I-140 Processing Times: A Significant Improvement

USCIS's historical processing-time data provides an important snapshot of how I-140 adjudication has changed.
For FY 2026, using data from October 1, 2025 through May 31, 2026, USCIS reports a median processing time of approximately 3.7 months for non-premium I-140 petitions. By comparison, the historical median was 7.9 months in FY 2025, 7.1 months in FY 2024, and 4.3 months in FY 2023.

 
This represents a substantial improvement compared with the previous fiscal year. 

In practical terms, employers filing a standard I-140 in 2026 may experience considerably faster adjudication than employers experienced during periods of heavier USCIS backlogs. 

However, a median is not a guarantee. USCIS explains that historical processing times represent the time it took to complete half of the cases during the relevant period. Individual cases can take substantially longer or shorter depending on circumstances.
A critical distinction: historical median vs. current case-processing time 

Employers should also be careful when interpreting USCIS processing-time statistics. USCIS notes that its historical processing-time data may not be directly comparable to the processing times displayed on the current Case Processing Times webpage because different methodologies may be used. 

Therefore, a reported 3.7-month historical median should not be treated as a promise that every I-140 filed today will be approved within 3.7 months. 

For planning purposes, employers should monitor the specific processing-time information applicable to their case and service center. 

Premium Processing Continues to Change the Equation

For employers who cannot afford to wait several months for an I-140 decision, premium processing can provide substantially greater predictability.

 
USCIS offers premium processing for eligible I-140 classifications through Form I-907, Request for Premium Processing Service. The applicable adjudication timeframe depends on the I-140 category. 

For many eligible I-140 classifications, USCIS provides a 15-business-day premium processing timeframe. However, certain classifications have longer statutory processing periods. USCIS currently identifies 45 business days for EB-1 multinational executive and manager petitions (E13) and EB-2 National Interest Waiver petitions (E21). 

This distinction is especially important for employers and professionals considering premium processing for an NIW or multinational-manager case. 

Premium processing does not necessarily mean that USCIS must approve the petition within the applicable period. Rather, USCIS must take the required adjudicative action within the applicable premium-processing timeframe. Depending on the circumstances, that action may include an approval, denial, Request for Evidence (RFE), or other permitted response. 

If USCIS issues an RFE, the case may require additional time and careful legal preparation. 

Why Processing Times Can Still Vary?

Even with improving overall statistics, I-140 processing remains highly case-specific.
Several factors can influence how quickly a petition moves through the system. 

1. Immigration category

Different employment-based categories involve different eligibility requirements and evidence. An EB-1 petition, an EB-2 NIW petition, and an employer-sponsored EB-3 petition are not adjudicated using identical legal standards. 

A complex petition may require more extensive review, particularly where USCIS must evaluate issues such as extraordinary ability, national interest, managerial capacity, or specialized employment qualifications. 

2. Requests for Evidence

One of the biggest causes of additional delay is an RFE. 

An RFE may ask the petitioner to provide additional evidence concerning the beneficiary's qualifications, the employer's eligibility, the offered position, the relationship between the employer and employee, or another element of the petition. 

A poorly prepared response can create additional complications. Employers should therefore focus on submitting a comprehensive petition from the beginning rather than treating an RFE as an expected part of the process. 

3. Case complexity

Not every I-140 petition is straightforward. 

For example, multinational executive and manager petitions may require detailed documentation concerning the foreign and U.S. entities, organizational structure, managerial duties, and qualifying employment history. 

Similarly, an EB-2 NIW petition may require persuasive evidence addressing the national-interest framework and the beneficiary's qualifications. 

4. USCIS workload and operational changes

USCIS processing times can change as workloads, staffing, filing volumes, and agency priorities change. 

The agency's historical data itself demonstrates that I-140 processing times have moved significantly over recent fiscal years. Non-premium median processing increased from 4.3 months in FY 2023 to 7.1 months in FY 2024 and 7.9 months in FY 2025, before falling to 3.7 months in FY 2026 data available through May 31. 

This demonstrates why employers should avoid relying on older processing-time estimates when planning immigration timelines. 

What the 2026 Trend Means for Employers?

The improving I-140 processing trend could be welcome news for companies sponsoring foreign professionals.

 
A faster I-140 decision can provide greater certainty regarding long-term immigration planning and may allow employers and employees to make informed decisions about future employment and immigration steps.
Nevertheless, businesses should avoid building critical workforce plans around an assumed approval date. 

For example, an employer considering a foreign national for a long-term position may need to coordinate: 

        • PERM labor certification, when required;
        • I-140 preparation and filing;
        • priority-date considerations;
        • adjustment of status or immigrant visa processing;
        • employment authorization and travel documentation; and
       • potential international travel or relocation. 

An I-140 decision is only one part of this larger process. 

What About the Priority Date?

Another important point is that I-140 processing time and visa availability are separate issues.

 
An I-140 can be approved while the beneficiary's priority date is not yet current for adjustment of status or immigrant visa issuance.
Therefore, obtaining an I-140 approval does not automatically mean that the beneficiary can immediately receive a green card. 

Employers and foreign nationals should evaluate both USCIS petition processing and the Department of State's monthly Visa Bulletin when determining an overall immigration timeline. 

Should You Use Premium Processing in 2026?

Premium processing can be particularly attractive when timing is important.

 
It may be worth considering when: 

         • an employer needs an I-140 decision quickly;
         • the beneficiary is approaching an important immigration deadline;
         • the company needs greater certainty for workforce planning;
         • an approved petition is needed before proceeding with another immigration step; or
         • the cost of waiting several months outweighs the additional premium-processing expense. 

However, premium processing should not be viewed as a substitute for careful petition preparation. 

A rapidly reviewed petition that receives an RFE can ultimately take longer and require more legal work than a thoroughly prepared petition filed initially. 

How Employers Can Reduce Unnecessary Delays ?

The best way to take advantage of improving USCIS processing times is to make sure the petition is complete, consistent, and well documented from the beginning.

Employers should verify that the petition includes appropriate evidence supporting the offered position, the company's eligibility, and the beneficiary's qualifications.

They should also ensure consistency between the I-140 petition, supporting documentation, the beneficiary's immigration history, and other employment-based filings.

USCIS instructions emphasize that a Form I-140 must be properly filed, including the required signature and appropriate fee; deficiencies can result in rejection rather than normal processing.

Professional legal review before filing can therefore be valuable, particularly for complex EB-1, EB-2 NIW, and multinational-manager cases. 

The Bottom Line: 2026 Is a Better Year for I-140 Processing—But Planning Still Matters

The USCIS data available for 2026 presents a meaningful improvement in median non-premium I-140 processing times compared with FY 2025. The historical median fell from 7.9 months in FY 2025 to approximately 3.7 months in the FY 2026 data available through May 31, 2026.


That is encouraging news for employers and foreign professionals navigating employment-based immigration.

But immigration timelines remain unpredictable. Processing times can change, individual cases can encounter RFEs, and an I-140 approval does not necessarily mean an immigrant visa number is immediately available.

For employers, the most effective strategy is to start early, prepare thoroughly, monitor USCIS developments, and choose premium processing when the business or immigration timeline justifies it.

If your company is sponsoring a foreign professional—or if you are a foreign national waiting for an I-140 decision—understanding current USCIS trends can help you make better decisions and avoid costly delays.


Need help evaluating your I-140 timeline?

An experienced employment-based immigration attorney can review your category, priority date, filing strategy, and available processing options and help you develop a practical path toward permanent residence. 

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