EB-2 NIW Guide

Step-by-step process for applying I-140 and I-485 for your green card journey.

EB-2 NIW Guide

Step-by-step process for applying for EB-2 NIW and Green Card through I-140 and I-485.

Application Steps

Detailed instructions for filing I-140 for NIW and I-485 for Green Card application.

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Required Documents

List of necessary documents for EB-2 NIW and Green Card applications to ensure successful processing.

Explanations with sample documents at no cost.

Expert guidance for navigating the complexities of EB-2 NIW and Green Card applications.

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Your Guide to EB-2, I-140 (NIW) Applications

Learn step-by-step how to apply for EB-2 NIW and green card, including I-140 and I-485 processes.

The National Interest Waiver (NIW) is a subset of the EB-2 employment-based immigration category, which allows foreign nationals to self-petition for a U.S. green card without a job offer or labor certification if they can demonstrate that their work is in the national interest of the United States.

Here’s a step-by-step guide on how to apply for NIW EB-2 I-140:

Step 1: Determine Eligibility

Before applying, ensure that you meet the basic EB-2 and NIW requirements:

EB-2 Requirements:
- You must either hold an advanced degree (master’s or higher) or demonstrate exceptional ability in your field.
NIW Requirements:
- Your work must benefit the U.S. substantially and be in the national interest.
- You must show that your endeavor has both substantial merit and national importance.
- You are well-positioned to advance the endeavor.
- Waiving the job offer requirement and labor certification would benefit the U.S.

Step 2: Gather Supporting Evidence

Collect documents and materials to support your NIW petition. This includes:

Proof of advanced degree or exceptional ability: Diplomas, transcripts, or awards.
Letters of recommendation: From experts in your field who can attest to the national importance of your work and your ability.
Documentation of your work's national importance: Research papers, news articles, patents, or other evidence of your work’s relevance to the U.S.
Proof that you are well-positioned to advance your work: Evidence of past success, funding, ongoing projects, or professional achievements.
Proof that your work benefits the U.S.: Describe how your work positively impacts the U.S. economy, health, safety, education, etc.

Step 3: Prepare Form I-140 (Immigrant Petition for Alien Worker)

Download Form I-140: Visit the USCIS website and download the I-140 form.
Fill out the form: Provide all necessary information, including your personal details, qualifications, and national interest waiver request.
- Select EB-2 in Part 2, and check "National Interest Waiver" under Section 1e.
- In Part 4, you'll describe your work and explain why it qualifies for a national interest waiver. Make this clear and compelling.

Step 4: Pay the Filing Fee

The filing fee for I-140 is $1000 (as of 2024). [consult USCIS for updated fees]
You can pay by check or money order if filing by mail, or by credit card if filing online.

Step 5: Submit the Form I-140 and Supporting Documents

Mail your petition: Send the completed I-140 form, supporting documents, and the filing fee to the appropriate USCIS Service Center (as listed on the USCIS website for Form I-140 submissions).
Option for Premium Processing: If eligible, you can request premium processing by filing Form I-907 (with an additional $2,500 fee). This expedites the processing to 15 calendar days. However, as of 2024, not all NIW petitions are eligible for premium processing.

Step 6: Wait for the USCIS Decision

After submission, you’ll receive a receipt notice from USCIS acknowledging they’ve received your I-140 application. Then:

Request for Evidence (RFE): In some cases, USCIS may issue an RFE requesting additional information. You’ll need to respond within the specified timeframe.
Approval or Denial: If approved, your I-140 is forwarded to the National Visa Center (NVC) if you're outside the U.S., or you can proceed with Adjustment of Status (Form I-485) if you're already in the U.S.

Step 7: Adjustment of Status or Consular Processing

Once your I-140 is approved, you can proceed to obtain a green card either through:

Adjustment of Status (Form I-485): If you are already in the U.S. and eligible to adjust your status, you can file Form I-485 to change from a nonimmigrant to immigrant status.
- You’ll submit Form I-485, along with medical records (Form I-693), the filing fee, and additional supporting documentation.
Consular Processing: If you are outside the U.S., you’ll work with the National Visa Center (NVC) to schedule an interview at your local U.S. embassy or consulate. You will also file Form DS-260 online and attend the immigrant visa interview.

Step 8: Receive Your Green Card

After your I-485 is approved or after your consular interview, you will receive your permanent resident card (green card).

Timeline

I-140 Processing Time: Typically 8-12 months (or 15 days if premium processing is available and used).
Adjustment of Status or Consular Processing: This takes an additional 6-12 months, depending on individual circumstances.

Your Guide to I-485 Application

We specialize in guiding applicants through the I-485 green card application process, ensuring clarity and support every step of the way.

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Filing Form I-485 (Application to Register Permanent Residence or Adjust Status) is the next step after your I-140 (Immigrant Petition for Alien Worker) is approved, if you are already in the U.S. and eligible to adjust your status. Here’s a step-by-step guide on how to file Form I-485:

Step 1: Determine Eligibility

Ensure that you meet the eligibility requirements to file Form I-485:

You must be physically present in the U.S. under a lawful status (such as H-1B, F-1, etc.).
An immigrant visa must be immediately available to you. For EB-2 NIW, this means checking the Visa Bulletin from the U.S. Department of State to confirm if your priority date is current.
You must have an approved or pending I-140 petition.

Step 2: Gather Supporting Documents

You'll need to collect various documents to support your I-485 application, including:

Copy of I-140 Approval Notice (if already approved).
Passport: A photocopy of your valid passport and any visas you used to enter the U.S.
Form I-94: A copy of your most recent Form I-94, showing your entry to the U.S. and current status.
Birth Certificate: A copy of your birth certificate, along with certified English translations if necessary.
Medical Examination (Form I-693): You’ll need to undergo a medical exam with a USCIS-approved civil surgeon and submit the sealed Form I-693 as part of your application.
Proof of Current Status: Copies of your current visa, employment authorization (if applicable), and any other documentation showing you’ve maintained lawful status in the U.S.
Two Passport-Style Photos: Taken according to USCIS guidelines.
Marriage Certificate (if applicable): If applying based on a family relationship, submit a copy of your marriage certificate.
Affidavit of Support (if applicable): If required, submit Form I-864, Affidavit of Support, to show financial support from a family sponsor.

Step 3: Fill Out Form I-485

You can download Form I-485 from the USCIS website and fill it out carefully. The form requests detailed information about you, including your:

Personal information: Name, address, Social Security number, etc.
Immigration history: Information about your entries and exits from the U.S.
Criminal history: Disclosure of any arrests or convictions (if applicable).
Employment history: Past and present employment details.
Public charge considerations: Answer questions about public benefits you may have received.

Step 4: Complete and Attach Supplementary Forms (if applicable)

Depending on your situation, you may also need to submit additional forms:

Form I-765 (Application for Employment Authorization): If you wish to work while your I-485 is pending, you can apply for a work permit by submitting Form I-765.
Form I-131 (Application for Travel Document): If you need to travel outside the U.S. while your I-485 is pending, you can apply for an advance parole travel document by submitting Form I-131.

Step 5: Pay the Filing Fee

The filing fee for Form I-485 depends on your age and category, but for most EB-2 applicants, the fee is $1,225 (this includes the $1,140 application fee and the $85 biometric fee). You can pay by check or money order, or online by credit card if filing electronically.

Fee Waivers: If you cannot afford the fee, you can apply for a fee waiver using Form I-912 (not common for employment-based green card applicants, but available in certain circumstances).

Step 6: Submit Your I-485 Package

Organize your application package in the following order:

Completed Form I-485.
Supporting documents (as outlined in Step 2).
Filing fee or proof of payment.
Supplementary forms (I-765 and I-131, if applicable).

Mail the entire package to the appropriate USCIS lockbox or service center. The correct address is listed in the Form I-485 instructions on the USCIS website, based on your location.

Step 7: Attend Biometrics Appointment

After filing, you will receive a receipt notice confirming that USCIS has received your application. USCIS will then schedule a biometrics appointment where you’ll need to provide fingerprints, photographs, and a signature. You will receive a Notice of Action (Form I-797) with the appointment details.

Step 8: Attend Adjustment of Status Interview (if required)

In some cases, USCIS may schedule an interview to further review your case. They may ask you to bring additional documents and answer questions about your background, your job, and your immigration history. You will receive a notice of the interview date and location if one is scheduled.

Step 9: Receive Approval or Request for Evidence (RFE)

If everything is in order, USCIS will approve your I-485, and you’ll receive your green card in the mail.
If additional information is needed, you may receive a Request for Evidence (RFE). You’ll need to respond within the given timeframe.

Step 10: Receive Your Green Card

If approved, USCIS will mail you your green card, officially granting you permanent resident status.

Timeline

The typical processing time for Form I-485 is around 8-14 months. However, this can vary depending on the service center handling your case, whether an interview is required, and your individual circumstances.

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