Concurrent or Separate EB2 NIW Application: Which is Right for You?

The EB2 National Interest Waiver (NIW) visa is a popular pathway for highly skilled professionals seeking to work and live in the United States. When applying for an EB2 NIW, one critical decision you need to make is whether to file your application concurrently or separately. This decision can significantly impact your processing time and overall immigration experience. In this blog post, we’ll explore the differences between concurrent and separate filings, the benefits and drawbacks of each, and how to determine which option is best for your situation.

Understanding Concurrent and Separate Filings

Concurrent Filing: Concurrent filing refers to the process of submitting your Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. This option is available to applicants who are already in the United States and eligible to adjust their status.

Separate Filing: Separate filing involves submitting your Form I-140 first, waiting for its approval, and then filing your Form I-485. This approach is often chosen by applicants who are outside the United States or those who prefer to wait for I-140 approval before proceeding with the adjustment of status application.

Benefits of Concurrent Filing

1. Faster Processing Time:
   • Concurrent filing can expedite the overall process, as both applications are processed simultaneously.
   • Applicants can potentially receive their green cards sooner, reducing the waiting period.
2. Work Authorization and Travel Documents:
   • Applicants who file concurrently can apply for an Employment Authorization Document (EAD) and Advance Parole (AP) travel document. These allow you to work and travel while your application is pending.
3. Peace of Mind:
   • Knowing that both applications are in process can provide peace of mind, as you won’t have to wait for I-140 approval to take the next step.

Get your evaluation today to determine if concurrent filing is the right choice for you.

Drawbacks of Concurrent Filing

1. Higher Initial Cost:
   • Concurrent filing requires paying the filing fees for both forms upfront, which can be a significant initial expense.
2. Risk of Denial:
   • If your I-140 is denied, your I-485 will also be denied. This can result in a loss of filing fees and the need to start the process over.
3. More Complex Documentation:
   • Concurrent filing involves submitting a larger volume of documents at once, which can be more complex and time-consuming.

Benefits of Separate Filing

1. Lower Initial Cost:
   • By filing separately, you can spread out the costs over time, making it easier to manage financially.
2. Reduced Risk:
   • If your I-140 is denied, you haven’t yet invested in the I-485 filing, reducing the potential financial loss.
3. More Time to Prepare:
   • Filing separately gives you more time to gather and prepare the necessary documents for the I-485 application.

Explore our services to learn how we can assist you with separate filings.

Drawbacks of Separate Filing

1. Longer Processing Time:
   • Separate filing generally results in a longer overall processing time, as you must wait for I-140 approval before filing I-485.
2. Delayed Work Authorization and Travel Documents:
   • You cannot apply for an EAD or AP until you file your I-485, which may delay your ability to work and travel.
3. Prolonged Uncertainty:
   • The waiting period between I-140 approval and I-485 filing can be stressful, as you remain uncertain about your immigration status for a longer period.

Which Option is Right for You?

Deciding between concurrent and separate filing depends on your unique circumstances. Consider the following factors:

• Current Location: Are you currently in the United States or abroad?
• Financial Situation: Can you afford the upfront costs of concurrent filing?
• Risk Tolerance: Are you comfortable with the potential risk of having both applications denied simultaneously?
• Urgency: How quickly do you need to obtain work authorization and travel documents?

Expert Assistance

Navigating the EB2 NIW application process can be challenging. At EB2 NIW Experts, we provide personalized guidance to help you make the best decision for your situation. Our team of experienced professionals can evaluate your case, prepare the necessary documentation, and ensure your application is submitted correctly.

Contact us for professional advice and assistance with your EB2 NIW application.

Staying Updated

Immigration policies and procedures can change frequently. To stay informed about the latest news and updates, including information on concurrent and separate filings, regularly check the USCIS newsroom.

Conclusion

Choosing between concurrent and separate EB2 NIW filings is a crucial decision that can impact your immigration journey. By understanding the benefits and drawbacks of each option and seeking expert assistance, you can make an informed decision that aligns with your goals. Trust EB2 NIW Experts to guide you through every step of your application process and help you achieve your immigration goals.