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By Asim Kilinc, Immigration Attorney at CK Law Firm
The E2 visa offers a unique opportunity for entrepreneurs who want to establish a business in the United States through investment. This type of visa is available to citizens of countries that have a trade agreement with the U.S. and is ideal for those who wish to start a business or invest in an existing one. However, there are specific requirements to apply for this visa, with the “required investment amount” being one of the most critical factors. In this article, I will address the most frequently asked questions about the required investment amount for an E2 visa. By reading this article, you will find answers to the following questions:
- What is an E2 Visa?
- How Much Should the Required Investment Amount Be for an E2 Visa?
- What Does It Mean for the Investment to Be “Substantial”?
- What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
- The Condition that the Investment Must Be Irrevocable
- E2 Visa and Business Plan
- Other Considerations for Obtaining an E2 Visa
If you have any additional questions about the E2 Investor visa type, please do not hesitate to contact me through the comment section below this article, send me a direct message via LinkedIn, or reach out through the website of CK Law Firm, where I am a founding partner.
What is an E2 Visa?
The E2 visa is a temporary visa granted to citizens of countries that have a trade agreement with the United States. This visa type is designed for entrepreneurs who wish to start a business or invest in an existing business in the U.S. The E2 visa allows the investor and their family to live and work in the United States. The visa can be renewed as long as the investment continues, providing entrepreneurs with a long-term opportunity to stay in the U.S.
How Much Should the Required Investment Amount Be for an E2 Visa?
The investment amount for an E2 visa is not defined by a specific minimum threshold. Instead, the investment must be “substantial.” This means that the investment must be significant enough based on the type and size of the business being applied for. However, generally speaking, an investment amount between $100,000 and $200,000 USD is often considered sufficient. For smaller-scale businesses, these amounts may be lower, while larger-scale investments may require more substantial funds.
What Does It Mean for the Investment to Be “Substantial”?
The concept of a “substantial investment” means that the investor must put their capital at risk and that this investment must be sufficient for the business to succeed. While the United States Citizenship and Immigration Services (USCIS) does not set a specific lower limit, they require that the investment be at a level that supports the business’s sustainability and growth. For example, $50,000 might be sufficient to open a small restaurant, while a major investment in the technology sector could require several million dollars.
What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
The investment made for an E2 visa must come from a lawful source, and this source must be documented appropriately. The way the investor obtained their capital and whether this capital is legally obtained will be scrutinized carefully. Bank statements, real estate sales documents, inheritance documents, or other legally earned income sources can be used to document the source of the investment.
The investment must be directed towards an active business operating in the U.S. This means that the capital must be invested directly into the business, and the investor must assume the risk over this capital. Expenses such as business costs, equipment purchases, and employee salaries are considered active investments. However, holding the investment in a bank account would not be considered a valid investment for an E2 visa.
The Condition that the Investment Must Be Irrevocable
An investor applying for an E2 visa must ensure that their investment is irrevocable. This means that the investment is genuinely used in the business and that the investor has assumed the risk over this capital. If the investment fails, the investor may not be able to recover this money. Therefore, it is crucial to plan the investment carefully and thoroughly research the area where the investment will be made.
E2 Visa and Business Plan
A detailed business plan is a critical part of the E2 visa application. This business plan must explain how the investment will be used, how the business will generate profit, and how the investor will manage the business. The business plan must also demonstrate the growth potential of the business and prove that the investor will play an active role in the business. The USCIS carefully reviews the business plan to assess the likelihood of success for the investment and the business.
Other Considerations for Obtaining an E2 Visa
- Citizenship: To apply for an E2 visa, the applicant must be a citizen of a country that has a trade agreement with the United States.
- Investor Role: The investor must play an active role in the business, which should be decisive in the management and decision-making processes of the business.
- Employment Creation: The business must create jobs in the U.S. and support the livelihoods of others besides the investor and their family. A business that only serves the investor and their family may not be considered eligible for an E2 visa.
Conclusion
The E2 visa offers a unique opportunity for entrepreneurs who want to start a business or invest in an existing business in the United States. However, when applying for this visa, the investment amount must be carefully determined, and the investment must be irrevocable, active, and substantial. Investors applying for an E2 visa should prepare a detailed business plan and manage this process professionally. Due to the complexity of the process and legal requirements, seeking support from an immigration lawyer may be beneficial. Don’t hesitate to contact me through the CK Law Firm Immigration Law Firm website, by email at info@cklawfirm.org, or directly via LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
EB-2 and EB-3 visas are essential options for foreign workers wishing to immigrate permanently to the United States. Since these visas require employer sponsorship, obtaining a PERM Labor Certification at the beginning of the process is mandatory. The PERM process is overseen by the U.S. Department of Labor and requires the employer to prove that there are no qualified U.S. workers available for the position. This process can be complex for both employers and applicants, making it crucial to carefully follow all steps.
In this article, we will address the following topics:
- Differences Between EB-2 and EB-3 Visas
- How to File a PERM Application
- Steps After PERM Approval
- Why Is the PERM Process Important?
If you have additional questions about this topic, feel free to leave a comment below, send me a direct message via LinkedIn, or reach out through the website of CK Law Firm, the immigration law firm I co-founded!
Differences Between EB-2 and EB-3 Visas
The EB-2 visa is typically suitable for individuals with advanced degrees or those who demonstrate exceptional ability in a particular field. Applicants must have at least a master’s degree or a bachelor’s degree with 5 years of relevant work experience.
The EB-3 visa, on the other hand, caters to a broader range of qualifications. Professionals, skilled workers, and unskilled workers can apply under this category. The minimum requirement is a high school diploma or two years of work experience.
Once you determine which visa suits you best, the necessary steps for the PERM application process can begin.
How to File a PERM Application?
Defining the Job Description and Requirements
The employer must detail the requirements of the job position that will serve as the foundation of the application. These requirements include the education level, work experience, and specific skills needed. For instance, EB-2 applications generally demand advanced qualifications, while EB-3 applications require more basic criteria. The employer’s specified criteria form the basis for evaluating the eligibility of U.S. workers during the labor market test phase.
Testing the Labor Market (Recruitment Process)
A critical step in the PERM process is the labor market test, where the employer demonstrates whether a suitable U.S. citizen or green card holder is available to fill the position. During this stage:
- Job advertisements are posted in local newspapers, job boards, and professional job platforms.
- Applications received during the recruitment process are reviewed, and interviews are conducted with qualified candidates.
- If no qualified U.S. citizen can be found for the position, the employer must document this evidence to proceed with the PERM application.
Filling and Submitting ETA Form 9089
After the labor market test, the employer submits the PERM application to the Department of Labor. This application details the job requirements, labor market test results, and the applicant’s qualifications. ETA Form 9089 is the cornerstone of the application process and must be filled out accurately and completely to ensure the process proceeds smoothly. Errors or omissions can result in denial or delays in the application.
Steps After PERM Approval
Obtaining PERM certification does not conclude the process; it only allows the next stage to begin.
Filing Form I-140
After PERM approval, the employer submits the I-140 Immigrant Petition to USCIS (United States Citizenship and Immigration Services) on behalf of the applicant. In this petition, the employer must demonstrate that the applicant qualifies for the position and that the employer can pay the specified wage.
Priority Date and Waiting Time
The “priority date” is a crucial factor in EB-2 and EB-3 PERM applications. This date, which corresponds to the submission date of the PERM application to the Department of Labor, determines how long the applicant must wait to receive a green card. The priority date is evaluated according to the Visa Bulletin published each year.
Completing the Green Card Process
When the priority date becomes current, applicants have two options:
- Adjustment of Status (Form I-485): If the applicant resides in the U.S., they can adjust their status to permanent residency (green card).
- Consular Processing: Applicants outside the U.S. can complete the green card application process through the U.S. Consulate in their home country.
Why Is the PERM Process Important?
The PERM process ensures that employers and applicants comply with U.S. labor market protection laws. Due to the complexity of the process and the sensitivity of the details involved, seeking expert legal assistance is highly recommended.
At CK Law Firm, our experienced team specializes in EB-2 and EB-3 PERM applications. From labor certification to completing the green card process, we provide comprehensive support at every step. For detailed information, contact us and take the next step toward your new life in the U.S.!
For professional assistance, detailed information, and consultancy services, reach out via our website cklawfirm.org, email us at info@cklawfirm.org, or connect with us on LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
Asım Kılınç, Immigration Attorney, CK Law Firm
The EB-2 visa is one of the most popular immigration pathways for highly skilled professionals, those with advanced degrees, and individuals demonstrating exceptional abilities in fields like science, business, or the arts. However, despite its appeal, the approval process for EB-2 petitions, particularly those with a National Interest Waiver (NIW), can be complex and subject to significant scrutiny. In this blog, we’ll explore what influences EB-2 approval rates, the challenges applicants face, and how to maximize your chances of success.
Below are the key topics we will cover:
- What is EB-2 and Who Qualifies?
- Key Factors Influencing EB-2 Approval Rates
- Trends in EB-2 Approval Rates
- What Can You Do to Improve Your Chances?
If you have any additional questions or concerns outside the scope of these topics, feel free to reach out via our website. For more personalized inquiries, don’t hesitate to connect with me on LinkedIn. Enjoy reading!
What is EB-2 and Who Qualifies?
The EB-2 visa is an employment-based green card category for foreign nationals who:
- Have an advanced degree (beyond a baccalaureate degree), or
- Possess exceptional ability in their field (e.g., sciences, arts, business).
One of the advantages of the EB-2 category is its relatively faster processing time compared to other employment-based green cards, such as EB-3. However, the application process is competitive and requires applicants to meet specific eligibility standards. For those applying under the National Interest Waiver (NIW), applicants do not need a job offer, but they must prove that their work is of significant benefit to the United States.
Key Factors Influencing EB-2 Approval Rates
- Strong Evidence of Qualifications: One of the key factors in determining your EB-2 approval rate is the strength of your qualifications. For standard EB-2 applicants, you need to provide proof of your advanced degree or exceptional ability in your field. If you are applying under the EB-2 NIW, you must present evidence that your work is of national importance and will benefit the U.S. in a significant way.
- Complete and Well-Documented Application: An incomplete or poorly documented application can lower your chances of approval. It’s crucial to provide all required documentation, including academic records, letters of recommendation, proof of exceptional ability, and any other relevant supporting materials.
- Strong Legal Representation: Hiring experienced immigration attorneys who understand the intricacies of the EB-2 process can improve your approval odds. Skilled lawyers can help prepare a compelling case, address potential challenges, and guide you through the complex application process.
- Petition Type (EB-2 vs. EB-2 NIW): While both visa types are part of the EB-2 category, the approval rates for the EB-2 NIW can differ due to the nature of the petition. The EB-2 standard visa requires a job offer and labor certification, while the EB-2 NIW offers flexibility but comes with a higher burden of proof to demonstrate national interest.
Trends in EB-2 Approval Rates
Approval rates for EB-2 petitions, particularly those under the NIW subcategory, have been subject to shifts due to increasing competition and changes in how USCIS evaluates applications. Historically, the EB-2 has had a relatively higher approval rate compared to other visa categories. However, recent data indicates that the approval rate for both regular EB-2 and NIW petitions has declined slightly in recent years.
In FY 2024, the USCIS has focused on more stringent review processes, leading to higher rejection rates for cases with weak evidence or unclear arguments about national interest. This trend underlines the need for applicants to submit robust and well-documented petitions that fully meet the visa criteria.
What Can You Do to Improve Your Chances?
If you’re applying for an EB-2 visa, here are a few steps you can take to improve your chances of success:
1. Thoroughly Document Your Case
The foundation of a successful EB-2 application is comprehensive and well-organized documentation. Whether applying under the advanced degree or exceptional ability category, you need to present clear and convincing evidence of your qualifications. If you are applying under the NIW, ensure you can articulate exactly how your work benefits the U.S. national interest.
2. Seek Professional Guidance
Given the complexities of the EB-2 process, working with an immigration attorney or professional who specializes in employment-based visas is highly recommended. An experienced attorney can help you navigate the application process, ensuring that all documentation is in order and presenting your case in the best possible light.
3. Prepare a Strong National Interest Case
For NIW applicants, your case for national interest must be solid. Be prepared to demonstrate how your work will positively impact U.S. interests, such as improving healthcare, advancing scientific research, or contributing to the national economy. Strong letters of recommendation from respected experts in your field can also strengthen your case.
4. Stay Updated on USCIS Trends
USCIS approval rates can change year by year, and staying informed about trends in immigration policy and processing times is key. By being aware of current statistics and adjusting your petition accordingly, you can better align your application with USCIS expectations.
The EB-2 visa remains a vital immigration path for highly skilled professionals, but approval rates can fluctuate due to stricter scrutiny by USCIS. To maximize your chances of success, it is essential to submit a well-documented petition, particularly if applying under the National Interest Waiver. By understanding the factors that influence EB-2 approval rates and preparing a strong case, you can significantly improve your chances of obtaining a U.S. green card.
For additional support or personalized assistance, feel free to reach out via the CK Law Firm official website, or connect with me on LinkedIn for more personalized guidance.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB-2 National Interest Waiver (NIW) is a significant opportunity for individuals with advanced degrees or exceptional abilities to obtain permanent residency in the United States. Unlike other employment-based visas, the NIW allows applicants to bypass the labor certification process if they can demonstrate that their work is in the national interest. Central to this process is the “Three-Prong Test” established by the 2016 Matter of Dhanasar decision. Here are the topics I will cover in our blog:
- What is the EB-2 National Interest Waiver (NIW)?
- Understanding the Three-Prong Test
- Key Strategies for a Successful EB-2 NIW Petition
- Why the Three-Prong Test Matters
While answering these questions, I will also cover the related sub-headings of interest. However, as with any visa application, you can visit the official website of CK Law Firm for professional support with your E2 visa application. Additionally, feel free to connect with me anytime via my LinkedIn account.
What is the EB-2 National Interest Waiver (NIW)?
The EB-2 NIW is part of the employment-based second preference (EB-2) visa category. It provides a pathway for individuals to self-petition for a green card without needing a specific job offer or employer sponsorship. The key requirement is proving that waiving the job offer and labor certification is in the best interest of the United States.
To qualify, applicants must pass the EB-2 NIW Three Prongs Test, which assesses the merit and national importance of their proposed work.
Understanding the Three-Prong Test
The EB-2 NIW Three Prongs Test is the core evaluation framework used by the United States Citizenship and Immigration Services (USCIS) to assess EB-2 NIW petitions. Introduced in the Matter of Dhanasar case in 2016, this test outlines three critical criteria that applicants must meet to qualify for a National Interest Waiver. Each prong is designed to determine whether the applicant’s work is valuable enough to bypass the standard labor certification process. Let’s break down each prong in detail.
1. Substantial Merit and National Importance
Applicants must show that their proposed endeavor has significant value and benefits the United States. This can apply to a wide range of fields, including:
- Science and technology
- Business and entrepreneurship
- Health and medicine
- Culture and education
The endeavor should go beyond local or regional impacts and demonstrate a broader national benefit.
Example: A researcher working on renewable energy technologies that reduce carbon emissions and enhance energy independence.
2. Well-Positioned to Advance the Proposed Endeavor
The applicant must prove they have the skills, experience, and resources to advance their proposed work successfully. Evidence for this prong may include:
- Educational qualifications
- Professional achievements
- Relevant work experience
- Letters of recommendation
- A detailed plan outlining how the work will be carried out
Example: An entrepreneur with a track record of successful startups proposing to develop a new cybersecurity platform addressing national security concerns.
3. The Benefit of Waiving the Job Offer and Labor Certification
The final prong requires demonstrating that it would be in the United States’ best interest to waive the usual job offer and labor certification requirements. This could apply if the applicant’s work is so valuable or urgent that the traditional hiring process would hinder its progress.
Example: A public health expert developing innovative solutions to combat infectious diseases, where the immediacy and importance of the work make a job offer impractical.
Key Strategies for a Successful EB-2 NIW Petition
- Provide Comprehensive Evidence: Support each prong with strong documentation, including publications, awards, and expert letters.
- Highlight National Impact: Emphasize how the endeavor benefits the country as a whole.
- Demonstrate Unique Qualifications: Showcase the applicant’s distinctive skills and their ability to drive meaningful progress.
Why the Three-Prong Test Matters
Successfully meeting the Three-Prong Test criteria allows applicants to bypass the labor certification process, reducing delays and providing more autonomy in shaping their professional path. By carefully preparing evidence and articulating the national importance of their work, applicants can strengthen their case for an EB-2 NIW approval.
If you are considering applying for an EB-2 NIW, understanding the Three-Prong Test is crucial. With thorough preparation and clear documentation, you can make a compelling case for why your work serves the national interest and deserves a waiver of traditional employment-based requirements.
If you want to navigate the complexities of the EB-2 NIW process smoothly and increase your chances of approval, feel free to contact us via the official website of CK Law Firm. You can also reach out to me directly on my LinkedIn account for personalized assistance and further guidance.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In the U.S., individuals dependent on a specific visa type may face risks of job loss due to employer changes, economic hardships, or other reasons. To address such challenges, the Compelling Circumstances Employment Authorization Document (EAD) provides a legal work authorization solution. This document is particularly designed for individuals in the Green Card process but awaiting a final decision. In this article, we’ll address the following key questions:
- What is the Purpose of the Compelling Circumstances EAD?
- How Does the Application Process Work?
- Who is Eligible to Apply?
- What Are the Benefits of the Compelling Circumstances EAD?
If you have additional questions, feel free to reach out via the comments section below this article, through LinkedIn, or directly via the CK Law Firm website!
What is the Purpose of the Compelling Circumstances EAD?
The Compelling Circumstances EAD aims to assist individuals tied to a specific employer through their visa status in overcoming financial and personal hardships in case of job loss. The U.S. Citizenship and Immigration Services (USCIS) evaluates applications based on the following criteria:
- Economic Impact: The financial consequences of unemployment on the applicant and their family.
- Social Impact: Potential negative effects on U.S. employers, clients, or the community due to the lack of work authorization.
- Immigration Compliance: The applicant’s adherence to past immigration and work authorization requirements.
This authorization is particularly crucial for individuals whose Green Card petitions (I-140) have been approved but are waiting for a visa number. It also provides a temporary solution for those holding employer-sponsored visas such as H-1B or L-1, who are at risk of losing their jobs.
How Does the Application Process Work?
Applying for a Compelling Circumstances EAD involves specific steps:
- Completing Form I-765: This is the primary form required by USCIS for work authorization.
- Providing Supporting Evidence: Documents proving compelling circumstances (e.g., job loss, health issues, financial hardships).
- Submitting Immigration Status Documentation: Approval notice of I-140, proof of current visa status, and any relevant employment agreements.
Once the application is submitted, USCIS conducts a thorough review of the applicant’s circumstances. Each application is evaluated on its merits, taking into account the unique details of the applicant’s case.
Who is Eligible to Apply?
The Compelling Circumstances EAD is available to individuals meeting specific criteria:
- Green Card Applicants: Those with approved I-140 forms but waiting for visa availability.
- H-1B or L-1 Visa Holders: Individuals who have separated from their employers and are seeking new job opportunities.
- Non-Immigrant Visa Holders: Individuals whose current visas are nearing expiration but can demonstrate compelling circumstances.
Approval rates depend on the strength of supporting evidence and the severity of the circumstances. USCIS also considers the applicant’s prior compliance with immigration laws.
What Are the Benefits of the Compelling Circumstances EAD?
- Temporary Solution: Provides work authorization while waiting for a visa number.
- Flexibility: Eliminates dependency on a single employer and opens new job opportunities.
- Support for the Immigration Process: Ensures uninterrupted progress in the Green Card application process.
Conclusion
Applying for a Compelling Circumstances EAD can be a complex process. Since each case is unique, working with an immigration attorney can significantly increase the chances of a successful application. For professional assistance, detailed information, or consultation services, feel free to contact us at cklawfirm.org, info@cklawfirm.org, or via LinkedIn.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a founding partner 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 a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.
Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.
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.
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