In the realm of U.S. immigration, the EB-2 National Interest Waiver (NIW) stands out as a beacon for professionals seeking a green card without the need for employer sponsorship. This pathway is especially appealing for those who possess exceptional ability in their field or hold advanced degrees. However, the journey to securing a green card through the EB-2 NIW is marked by a series of procedural steps, each with its own timeframe.
The process to obtain a green card through the EB-2 NIW category unfolds in two primary stages. Initially, applicants must file the I-140 petition, a critical document that demonstrates their qualifications and the national interest their work serves. The U.S. government offers two processing tracks for this petition: premium and regular. Opting for premium processing significantly accelerates the review time to 45 days, whereas the regular processing route may extend to about a year.
Following the approval of the I-140 petition, the next step involves the I-485 or immigrant visa petition. This stage is pivotal as it transitions the applicant from petition approval to actual green card status. Typically, this process mirrors the duration of the I-140’s regular processing time, averaging around a year.
However, the journey in 2023 encounters a notable hurdle: priority date backlogs. These backlogs represent a queue of applicants waiting for their turn to apply for the I-485 or immigrant visa. Due to these delays, applicants might find themselves in a waiting period of approximately a year before they can proceed with their application, even after their I-140 petition has been approved.
