If you choose to move forward with Premium Processing, after you are onboarded with the attorneys, they will prepare your I-140 petition. Once it is filed, USCIS makes a decision within 15 business days. This decision could be an approval, a Request for Evidence (RFE), or a Notice of Intent to Deny (NOID).
If an RFE is issued, the attorneys are given time to respond. According to USCIS, the 15-day premium processing timeframe stops when an RFE is issued and restarts only after USCIS receives the RFE response. This means that although Premium Processing still applies, it may take longer than 15 business days after the response is sent, because USCIS may take additional time to confirm receipt before the countdown resets.
By choosing Premium Processing, you receive a decision much faster, allowing your priority date to be locked in sooner. Currently, USCIS processing times for the I-140 without Premium Processing are approximately 8.5 to 12 months. You can verify this information on the USCIS website, Processing Times. Please note that processing times are subject to change.
Once the I-140 is approved, you will need to monitor the U.S. Visa Bulletin each month to check when your priority date (the LC filing date) becomes current.
When your priority date is current, your attorneys will guide you on the next steps based on your process type:
For AOS clients, this means preparing and submitting the Adjustment of Status forms, such as I-485 (Green Card application), I-765 (Work Permit), and I-131 (Travel Document).
For CP clients, this means starting the Consular Process, which includes completing the DS-260 (Immigrant Visa Application) and preparing for the interview at the U.S. Embassy or Consulate in your home country.
The Visa Bulletin is updated monthly. It may move forward, stay the same, or move backward, so it is important to check it regularly.
We highly recommend filing the I-140 with Premium Processing because having your I-140 approved as soon as possible is in your best interest. The approval does not expire, and it secures your priority date, allowing you to move forward promptly once your case becomes eligible. However, please note that even if you choose Premium Processing, the final decision will be made by the attorney after reviewing your case. In some situations, the attorney may advise that the I-140 be filed with standard processing (without Premium Processing) based on legal strategy.