EB-1C · Timeline

After filing

What can happen between filing and a decision.

1. 1

   Receipt

   ◈High confidence USCIS sends Form I-797C. Case Status Online shows the last action taken on the case, not its place in line.^[1,2]

2. 2

   Premium clock (if requested)

   USCIS has 45 business days to issue an approval, a denial, an RFE or a NOID.^[3]

3. 3

   Verification

   USCIS may verify information at any time, including through unannounced site visits. If adverse information comes up that you don't know about, USCIS must generally tell you and give you a chance to respond before deciding.^[4,5]

4. 4

   Interview or biometrics (only if notified)

   The I-140 instructions say USCIS may require an interview or biometrics at any time and will mail an appointment notice if it does.^[4]

5. 5

   Notices

   USCIS sends notices to the employer and to its attorney if one is on file. A beneficiary who isn't a U.S. citizen must report a change of address within 10 days.^[4,5,6]

6. 6

   Decision or RFE

   USCIS communicates the result in writing. An approval notice confirms the classification; it doesn't by itself grant permanent residence or work authorization.^[4]

Processing timeline

Typical stages from filing to the next step. Each case moves at its own pace.

1. 1

   Filing

   The U.S. employer files Form I-140, with Form I-907 if it wants premium processing. The priority date is the day the complete, signed petition with the correct fee is properly filed.^[7,8]

2. 2

   Receipt notice

   USCIS confirms receipt with a Form I-797C notice. The 13-character receipt number, three letters followed by ten digits, is how you check the case status online.^[1,2]

3. 3

   Review

   An officer reviews the record and may approve, deny, send an RFE or send a NOID. USCIS may also verify the information, including by visiting work locations, before or after the decision.^[4,5]

4. 4

   RFE or NOID (if any)

   An RFE gives at most 12 weeks to respond and a NOID at most 30 days, plus 3 days when the notice is mailed; no extensions are allowed. With premium processing, a new 45-business-day period starts when USCIS receives the response.^[3,5,9,10]

5. 5

   Decision

   USCIS notifies the employer in writing. An approval confirms the classification; a denial explains the specific reasons and whether an appeal or motion is available.^[4,11,12,13]

6. 6

   Next step

   When a visa number is available, the manager and family apply for green cards by adjusting status in the U.S. with Form I-485, or through the National Visa Center and a U.S. consulate abroad.^[12,14]

After an RFE response

What happens once USCIS has your response, and what each next step means.

1. 1

   Response received

   A mailed response counts when USCIS receives it; an online response counts on the day it is submitted. With premium processing, a new 45-business-day period starts that day.^[3,10]

2. 2

   Full review

   The officer weighs the whole record, including the new evidence, and decides whether each requirement is more likely true than not.^[10,15]

3. 3

   Next action

   The possible results are an approval; another RFE or a NOID, if the response raises new questions; or a denial, if the record still doesn't establish eligibility.^[5,10]

4. 4

   If denied

   The denial explains the reasons. The employer can file Form I-290B for an appeal or a motion, generally within 30 days (33 if the decision was mailed), or file a new I-140.^[11,16,17]

USCIS can deny after an RFE response without first sending a NOID. The regulation lets it deny, ask for more evidence or issue a NOID, and USCIS policy says a NOID generally isn't required.^[5,10,18]

The Policy Manual lists only a few situations where a NOID is mandatory, such as certain adoption cases, and I-140 petitions aren't among them. Separately, if a denial would rest on derogatory information you don't know about, USCIS must tell you and let you rebut it first; a NOID is one way it does that.^[5,10]

A second RFE is possible. USCIS policy tells officers to issue a follow-up RFE or NOID when a response raises new questions, while trying to request everything in one RFE; it won't send another RFE just because a response was incomplete.^[10]

◈High confidence No news doesn't tell you anything reliable. Case Status Online shows the most recent action, USCIS doesn't publish where a case sits in line, and some work, such as a site visit or an investigation, can happen without notice to you. The result arrives as a written notice.^[2,3,4,5]

An appeal goes to the AAO, but the office that denied the case reviews it first and may treat it as a motion and approve within 45 days. An appeal that doesn't identify a specific error of law or fact is summarily dismissed.^[11]

A motion to reopen must state new facts supported by evidence. A motion to reconsider must show the decision misapplied law or USCIS policy based on the record at the time. Filing a motion doesn't pause the effect of the decision.^[17]

A late appeal is rejected unless it meets the requirements of a motion. A late motion to reconsider can't be excused, and a late motion to reopen may be excused only if the delay was reasonable and beyond the employer's control. When the last day falls on a weekend or federal holiday, the deadline moves to the next business day.^{[11,16,17,19]}

◈High confidence Nothing in the regulations stops the employer from filing a new I-140 with a new fee and stronger evidence. A denied petition doesn't establish a priority date, so a new petition gets its own.^[5,7]

Only the petitioner can appeal or file a motion on an I-140 denial. The employee generally can't, except in certain revocation cases after job portability.^[11,16,20]