Can USCIS take more than two years to process the NIW I-140?

Yes, processing of the I-140 under EB-2 NIW can take a considerable amount of time, but there is no fixed timeline or guaranteed cap. USCIS reviews each petition individually, and the duration varies based on the agency’s workload and the specifics of each case.

Long waits do not necessarily indicate a problem with the petition. They often reflect USCIS operational circumstances, such as the volume of cases during a given period, policy changes, and the possible issuance of a Request for Evidence, which pauses the review until you respond. For this reason, a well-documented case may still take time, and that does not mean something is wrong.

Since any reference number becomes outdated quickly, the reliable way to estimate processing times is to consult the official USCIS processing times tool, which shows the estimated time for the service center handling your petition. Keep a few points in mind:

• The timeline can change throughout the process itself.
• A Request for Evidence pauses the clock until you submit your response.
• There is no legitimate promise of fast approval or a guaranteed timeline.

If the wait is affecting your plans, it is worth tracking your case through official channels and discussing your options with a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.