Faq's

Frequently Asked Questions

While not officially required, letters of recommendation are highly beneficial. They can strengthen your case by showcasing your achievements and the national importance of your work.

  • No job offer or sponsorship required.
  • Labor certification is waived, speeding up the process.
  • Flexibility to pursue work that aligns with your qualifications.
  • Family members can apply for green cards.
  • Premium processing available for faster I-140 approval.

Yes, your spouse and unmarried children under 21 can apply as derivative beneficiaries. They can file Form I-485 or apply for consular processing depending on their location.

Consular processing allows individuals outside the U.S. to apply for a green card. After I-140 approval, you submit Form DS-260 and attend an interview at a U.S. embassy or consulate, where you’ll provide biometric information and answer questions. Once approved, you’ll receive an immigrant visa to enter the U.S. as a permanent resident.

I-140 petition processing times usually average less than a year, depending on the USCIS service center and the complexity of your case.

Yes, if you’re legally in the U.S. under a valid non-immigrant visa (such as B1/B2), you can apply for adjustment of status after your I-140 petition is approved, allowing you to stay in the U.S. while your green card application is processed.
Unlike other employment-based green cards, the EB-2 NIW lets applicants self-petition, meaning no U.S. employer sponsorship or job offer is required. Additionally, labor certification is waived under the NIW, which is usually required to show no U.S. workers are available for the job.
A priority date is when your Form I-140 (Immigrant Petition for Alien Worker) is filed with USCIS, not when it’s approved. This date determines your place in line for a green card. For most countries, the wait is usually 1-1.5 years from submission to USCIS. Applicants from high-demand countries like India and China may face longer wait times, up to 12 years or more due to backlogs.
First, gather supporting documents like academic credentials, work achievements, and a resume to help draft the I-140 petition and recommendation letters. After your I-140 is approved, if you are in the U.S., file Form I-485 (Adjustment of Status). If outside the U.S., apply via consular processing with Form DS-260 at a U.S. embassy or consulate.
If you’re outside the U.S., you will go through consular processing after your I-140 is approved. This involves submitting Form DS-260, attending an interview at a U.S. embassy or consulate, and completing biometric screening.
  • The fees for EB-2 NIW application are as follows:
  • Premium processing (optional): $2,805.
  • After I-140 approval, choose either Form DS-260 for $325 per person (outside the U.S.) or Form I-485 for $1,225 per applicant (inside the U.S.).
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