EB2 NIW Processing Time: What to Expect
The EB2 NIW processing time can be a source of anxiety and uncertainty.
So, understanding the factors that influence processing times and implementing strategies to expedite your application is crucial.
The EB2 NIW process involves several stages, each contributing to the overall processing time.
The stages are:
- Form I-140 Petition Filing: This is the initial step, where you submit your petition to the USCIS.
- USCIS Processing: USCIS reviews your petition, which can take varying amounts of time depending on workload and case complexity.
- National Visa Center (NVC) Processing (if applicable): If your I-140 is approved and you are outside the U.S., your case is transferred to the NVC.
- Immigrant Visa Interview (if applicable): The final step for those outside the U.S.
- Adjustment of Status (AOS) Filing (if applicable): If you are in the U.S., you file Form I-485 to adjust your status to a permanent resident.
- AOS Processing (if applicable): USCIS reviews your AOS application.
Factors Influencing EB2 NIW Processing Time
These are situations that can affect the EB2 NIW processing time.
- USCIS Service Center Workload: The processing times vary significantly between service centers.
- Case Complexity: Applications with complex documentation or unique circumstances may take longer.
- Backlogs: USCIS backlogs can lead to substantial delays.
- RFE (Request for Evidence): Responding to an RFE adds to the processing time.
- Priority Date: The availability of visa numbers based on your priority date influences the final stages of the process.
- Country of Birth: Visa availability is also impacted by your country of birth.
How to Speed Up Your EB2 NIW Processing Time
While you cannot entirely control USCIS processing times, you can take steps to minimize delays. Some of the steps you can take are as follows:
- Prepare a Thorough and Well-Documented Petition:
- Ensure your petition is complete and accurate.
- Provide clear and compelling evidence of your advanced degree or exceptional ability.
- Demonstrate how your work benefits the national interest of the United States.
- Gather strong recommendation letters from experts in your field.
- Provide all requested documentation and address each point raised by USCIS.
- Respond Promptly to Requests for Evidence (RFEs):
- If you receive an RFE, respond quickly and comprehensively.
- Provide all requested documentation and address each point raised by USCIS.
- Consider Premium Processing (if available):
- While not always available for NIW, if offered, premium processing guarantees a response within 45 calendar days.
- Please check if USCIS is offering premium processing for I-140 NIW cases, as that availability changes.
- Maintain Communication with USCIS:
- Check your case status regularly on the USCIS website.
- Contact USCIS if you have any questions or concerns.
- Work with an Experienced Immigration Attorney:
- An attorney can help you prepare a strong petition and navigate the complexities of the immigration process.
- An experienced attorney knows what evidence to gather and how to present it.
- They can also help you respond to RFEs and represent you in any communication with USCIS.
- File I-485 concurrently with I-140, if possible:
- When visa numbers are current, and you are in the US, filing the I-485 concurrently with the I-140 can save significant processing time.
- Gather strong evidence from the start:
- Having all of the necessary documentation, and well organized, will limit the risk of an RFE.
Important Takeways
EB2 NIW processing times vary significantly.
- Thorough preparation and prompt responses are crucial.
- An experienced immigration attorney can provide valuable guidance.
- Staying informed about USCIS processing times is essential.
Navigating the EB2 NIW process can be challenging, but understanding the factors that influence processing times and talking to one of our attorneys can increase your chances of success. Contact Us!
