When to File for an Employment-Based Green Card: Timing an I-140 Petition
Looking for A Specific Post? Search Below
To obtain an employment-based immigrant visa (green card) for a foreign worker, an American employer must first file an Immigrant Petition for Alien Worker (I-140) with the U.S. Citizenship and Immigration Services (USCIS). At Kriezelman Burton & Associates, LLC, we have experienced employment immigration attorneys who help employers in the Chicago area to navigate the complex U.S. immigration system and obtain these employment-based green cards for their prospective foreign workers. We are based in Chicago but also take cases in Indiana, Wisconsin, and Michigan.
Timing as to when to file the I-140 petition is critical, especially if the employee is already in the United States. Many foreign workers already in the U.S. are usually working on temporary or nonimmigrant visas, such as H-1B. If you are in that situation, then when to file the I-140 petition is something you must carefully think about so that there is no gap in employment or running the risk of having to return to your native country so as not to violate your immigration status.
The two primary factors one must consider in filing the I-140 petition are preparation for submission and USCIS processing times. Processing of petitions and applications with USCIS was already taking a considerable amount of time, but the coronavirus pandemic added more delays.
Timing the Preparation of USCIS Form I-140
The time it takes to prepare the I-140 petition depends on what green-card category under which the I-140 petition is filed.
If your I-140 petition is based on the Alien of Extraordinary Ability, Outstanding Researcher or Professor, or National Interest Waiver category, nearly all your time will be used to collect documents to satisfy the evidentiary requirements for obtaining a green card on these grounds.
The evidence required for all three of these categories is nearly all based on professional and academic accomplishments. You should already have many of these documents in your files, but to be successful, you should include several support letters written by experts in your field. Collecting these expert letters will take the most time because many qualified experts have busy schedules, so keep that in mind.
It’s impossible to predict with precision how long all this preparation will take, but a safe estimate is a few months.
If your I-140 petition is based on a category that requires a labor certification from the Department of Labor (DOL), then you must factor this in as to when the I-140 will be filed. The labor certification is done by the employer, and this process is taking about 7.5 months as of March 2023.
USCIS Processing Times of Form I-140
How long it takes USCIS to decide on I-140 petitions depends on what service center the petition is filed at and under what category it’s filed. You can check these processing times here.
If the category you are filing under is eligible, you can request premium processing for the I-140 petition, which means your petition will be processed within 15 calendar days. Please note there are preliminary steps an employer must take before premium processing kicks in.
To make sure you are doing everything right and to avoid unnecessary denial of your I-140 petition, seek help from Kriezelman Burton & Associate, LLC. Please contact our office today and schedule an appointment to discuss your situation.
Co Mówią Nasi Klienci
Ocena 5 gwiazdek | Na podstawie 200+ pozytywnych opinii na Google
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
Schedule a consultation!:
Umów się na konsultację!
Libertyville
Reklama prawnika. Informacje te mają wyłącznie charakter ogólny. Przedstawionych informacji nie należy interpretować jako formalnej porady prawnej ani tworzenia relacji prawnik/klient. Wcześniejsze wyniki i referencje nie stanowią gwarancji, rękojmi ani przewidywania wyniku Twojej sprawy i nie powinny być w ten sposób interpretowane. Wyniki z przeszłości nie mogą zagwarantować przyszłych wyników. Jakikolwiek wynik w pojedynczej sprawie nie ma na celu stworzenia oczekiwań podobnych wyników w przyszłych sprawach, ponieważ każdy przypadek wiąże się z wieloma różnymi czynnikami, dlatego też wyniki będą się różnić w każdym przypadku. Podając dane kontaktowe, użytkownicy potwierdzają i wyrażają wyraźną zgodę na kontakt za pośrednictwem udostępnionych metod komunikacji, w tym wiadomości SMS. Mogą obowiązywać stawki za wiadomości i transmisję danych. Częstotliwość wiadomości może się różnić. Odpowiedz STOP, aby zrezygnować.
NUVEW | Prawo autorskie 2026 Wszelkie prawa zastrzeżone | Informacja o dostępności | polityka prywatności