Processing Time for EB1 I-140 Petitions: Factors and Options

The time it takes for an USCIS to approve an I-140 petition in the EB1 (EB1A, EB1B, and EB1C) category can vary significantly based on several factors. As of the latest update in August 2023, the typical processing time for an EB1 I-140 petition is between 6 months to more than a year. However, there are options such as premium processing that can expedite the process under certain circumstances.

Factors Influencing Processing Time

Several factors can impact the processing time of an I-140 petition in the EB1 category:

Service Center Handling the Application: Different USCIS service centers may have varying backlogs. For instance, the California Service Center (CSC) may have longer processing times compared to other centers. Complexity of the Case: Complex cases involving detailed documentation, rigorous evidence, and legal challenges may take longer to process. TypeName of Petition (EB1A, EB1B, EB1C): The specific type of EB1 petition can also affect processing time. Each type has its own unique requirements and conditions.

Premium Processing for EB1 I-140 Petitions

One way to expedite the processing of an EB1 I-140 petition is through premium processing. This service offers a faster decision within 15 calendar days from the date of receipt, albeit at an additional fee. Premium processing is available for EB1A and EB1B petitions but not for EB1C.

Process for Premium Processing

Filing the I-140: Submit the I-140 petition as usual. Upgrading to Premium Processing: Submit Form I-907, Request for Premium Processing, along with the application details. Payment of Fee: Pay the premium processing fee which is separate from the standard I-140 filing fee. Decision Time: Receive a decision within 15 calendar days from receipt once payment is confirmed.

Comparison of EB1 Categories

The processing times can also vary depending on the specific type of EB1 petition. Here’s a breakdown of the typical processing times for each category:

EB1A: Known for extraordinary ability in the arts, sciences, business, or athletics, this category usually takes around 2-3 months. EB1B: Covers outstanding professors and research executives, with a processing time of approximately 2-3 months. EB1C: Designated for multinational managers and executives, this category often takes 9-12 months to process due to the lack of premium processing eligibility.

Conclusion

While there are no hard and fast rules for the processing times of EB1 I-140 petitions, several factors can influence the duration. Premium processing is a viable option for EB1A and EB1B petitions, significantly reducing the wait time. For EB1C petitions, the standard processing time remains longer due to the absence of this expedited service.

Always stay informed about the latest updates from USCIS or consult with an experienced immigration attorney for personalized and current advice.

Related Keywords

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Source

USCIS (United States Citizenship and Immigration Services) Immigration Attorneys and Practitioners