EB2 NIW Processing Time: Details and Tips for the Process

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The EB2 NIW application process can be quite complex, and processing times can vary depending on various factors. In this article, I will answer some of the most frequently asked questions about the processing time of the EB2 National Interest Waiver visa based on my experience working on hundreds of cases. By reading this article, you will find answers to the following questions:

• What is EB2 NIW, and who is eligible?
• Advantages of the EB2 NIW Visa
• EB2 NIW Process and Timeline
• Factors Affecting EB2 NIW Processing Time
• Important Considerations in the EB2 NIW Application Process

If you have questions about the EB1 NIW visa type or any other immigration matters, please feel free to reach out to me through the comments section below this article, by messaging me directly on LinkedIn, or via the CK Law Firm Immigration Law Firm’s website, which I co-founded.

What is EB2 NIW, and Who is Eligible?

The EB2 NIW is a visa category designed for qualified individuals who wish to work and live in the United States. The National Interest Waiver (NIW) allows applicants whose work serves the national interest of the United States to apply for immigration without requiring employer sponsorship. This visa category is generally suitable for highly educated professionals, experts in their fields, researchers, academics, and other qualified individuals.

Advantages of the EB2 NIW Visa

The EB2 NIW visa offers several advantages that make it more appealing compared to other immigration pathways. Not needing employer sponsorship, the ability to apply without a job offer, and the opportunity to obtain permanent residency in the United States are among the key benefits of this visa. Additionally, the EB2 NIW visa allows the applicant’s family members to obtain Green Cards as well.

EB2 NIW Process and Timeline

The EB2 NIW application process generally consists of two main stages: the I-140 petition and the subsequent I-485 form submission for the Green Card application. These two stages have different processing times and vary based on specific conditions and the workload of the United States Citizenship and Immigration Services (USCIS).

I-140 Petition: The First Step of the Application

The I-140 petition is the initial application submitted to USCIS to determine your eligibility for the EB2 NIW visa. This petition includes detailed documentation proving that the applicant possesses qualifications that serve the national interest of the United States. USCIS reviews this application and then makes a decision to approve or deny it.

I-140 Processing Time:
The processing time for the I-140 petition usually ranges from 8 to 14 months. However, this timeframe can be extended based on USCIS’s current workload, the complexity of the application file, and the completeness of the submitted documents. In some cases, applicants may be required to submit additional evidence (Request for Evidence – RFE), which can further delay the process.

I-485 Form: Green Card Application

After the I-140 petition is approved, the applicant can proceed to complete the I-485 form for the Green Card application. The I-485 form assesses whether the applicant is eligible to reside legally in the United States. During this stage, USCIS examines the applicant’s health, security background, biometric data, and other personal information.

I-485 Processing Time:
The processing time for the I-485 form generally ranges from 10 to 20 months. However, this period may be extended depending on additional steps such as biometric appointments, interview dates, and security screenings. The interview process, in particular, can take longer depending on the workload of specific USCIS offices.

Premium Processing: Is it Possible to Shorten the Processing Time?

EB2 NIW applications are generally not eligible for Premium Processing. Premium Processing allows applications to be processed within 15 days; however, since this service is not available for EB2 NIW applications, applicants must adhere to standard processing times. Therefore, careful and meticulous preparation at every stage of the application process is crucial.

Factors Affecting EB2 NIW Processing Time

Several factors can affect the processing time of an EB2 NIW application. While some of these factors may be beyond the applicant’s control, others can be managed through careful preparation.

• USCIS Workload and Regional Differences:
  The workload of USCIS offices can directly impact the processing time of applications. Some offices in certain regions may be busier than others, leading to differences in processing times.
  
• Completeness and Accuracy of the Application File:
  Submitting complete and accurate documents during the application process can speed up the processing time. Incomplete or incorrect documents may lead to USCIS requesting additional evidence, which can delay the process.
  
• Requests for Additional Evidence (RFE):
  USCIS may request additional evidence while reviewing the application file. RFEs can cause delays in the application process as preparing and submitting the requested documents requires additional time.
  
• Interview Process:
  Applicants may be called for an interview during the I-485 form process. The date of the interview and the workload of the USCIS office where the interview will take place are other important factors affecting processing time.

Important Considerations in the EB2 NIW Application Process

There are some important points to consider during the EB2 NIW application process. These points can help ensure that the application process proceeds smoothly and quickly.

• Accurate and Complete Preparation of Documents:
  Ensure that all application documents are accurate, complete, and error-free. Missing or incorrect documents can lead to delays in the process.
  
• Timely Updates and Follow-Up:
  It is important to act quickly in response to any notifications or requests for additional documents from USCIS. Regularly check the status of your application on the USCIS website.
  
• Stay Updated on Immigration Law Changes:
  Immigration laws and USCIS policies may change from time to time. Therefore, it is important to stay updated on current legal regulations and guidelines published by USCIS to avoid any unpleasant surprises during the application process.

Conclusion

The EB2 NIW visa offers an ideal option for qualified professionals and highly educated individuals seeking to obtain permanent residency in the United States. However, the application process for this visa can be complex and lengthy. Processing times can vary depending on the complexity of the applicant’s file, USCIS’s workload, and other factors. Careful and meticulous preparation during the application process can help the process proceed more quickly and smoothly.

If you wish, you can contact me via cklawfirm.org, by email at info@cklawfirm.org, or directly on LinkedIn to find out if you are eligible for the EB-1A visa through our free consultation service. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.

As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.