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USCIS processes Form I-140 on a first-come, first-served basis, so at any given time, the date received for the forms that have just finished processing provides a good estimate of processing time. USCIS breaks down Form I-140 into eight categories and reports processing times separately for each: [13] Extraordinary Ability (EB-1)
The processing time for the I-140 NIW usually varies from 6–15 months for petitions filed under Regular Processing. [3] This depends on the service center and the adjudicating officer assigned by the United States Citizenship and Immigration Services ( USCIS ) to each petition.
Premium Processing Service is an optional premium service offered by the United States Citizenship and Immigration Services to individuals and/or employers filing Form I-129 (Petition for a Nonimmigrant Worker), Form I-140 (Immigrant Petition for Alien Worker), Form I-539 (Application to Extend/Change Nonimmigrant Status- currently available to those applying for F, M or J status only) or Form ...
Note that for I-140 petitions that require Permanent Labor Certification, the Priority Date is set as the date that the application for labor certification is received. [12] The USCIS may take some time to approve the petition. The USCIS publishes both its processing time goals and its current processing times, which are approximately 7 months.
A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services to a petitioner about a previously approved petition, telling him or her that the USCIS intends to revoke the petition, along with the reasons for revocation, and giving the petitioner a fixed amount of time to respond. [1]
For all other USCIS petitions where appeal is possible, the petitioner can appeal an adverse USCIS decision on the petition to the AAO using Form I-290B, Notice of Appeal or Motion. As of December 2016, appeal to AAO is possible for the following petition forms: I-129 (nonimmigrant worker), I-140 (immigrant worker), I-526 (immigrant investor ...
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The time within which the response to a RFE must be sent is indicated on the RFE. It generally varies between 30 and 90 days. If no response is received within the time indicated on the RFE, the USCIS will process the application without considering the additional evidence, which in most cases means a denial (because petitions where there was enough evidence to accept should not have RFEs in ...