veripassThe EB2 National Interest Waiver (NIW) visa is an excellent pathway for individuals with exceptional skills or advanced degrees to live and work in the United States without the need for employer sponsorship. However, the process can take time, leaving applicants wondering if there is any way to speed it up.
In this article, we’ll answer the key question: Can EB2 NIW be expedited? We’ll explore the possibilities and limitations surrounding expediting EB2 NIW applications and how Veripass can help you make the best of the process, even when there are no guarantees for speed.
Understanding the Standard Timeline for EB2 NIW
Before diving into expediting options, it’s important to understand the standard processing times for an EB2 NIW petition. On average, the processing of an I-140 Immigrant Petition for Alien Worker under the EB2 NIW category can take 10-12 months, sometimes longer, depending on the U.S. Citizenship and Immigration Services (USCIS) service center handling your case.
This timeline does not include the time it takes for you to compile and submit your application or the additional wait time for adjustment of status or consular processing after the I-140 approval.
How Veripass Helps You Navigate the Standard Timeline
While this may seem like a long process, Veripass offers support every step of the way, ensuring that your application is prepared and submitted accurately to avoid unnecessary delays. Our expertise in handling EB2 NIW cases means you’ll have peace of mind knowing that your petition is in the best possible shape from the start.
Can You Expedite an EB2 NIW Application?
Technically, the EB2 NIW category does not have a specific expedited processing option. This means there is no official path through USCIS to guarantee a faster decision for EB2 NIW applicants, unlike other visa categories that offer premium processing.
However, certain circumstances could potentially lead to a faster review of your case. Below, we explore these limited opportunities for expediting the EB2 NIW process, and how Veripass can guide you through these options.
1. Request for Expedited Processing in Emergencies
In very rare cases, you may be able to request expedited processing through USCIS if you can demonstrate that your case involves an emergency or urgent situation. USCIS considers expedited requests on a case-by-case basis and typically requires evidence of one of the following criteria:
- Severe financial loss to the applicant or the applicant’s employer
- Emergency or urgent humanitarian reasons
- U.S. government interests (e.g., if your work is essential to a government project)
- Clear USCIS error
While it’s difficult to qualify under these conditions, if your case aligns with any of these criteria, Veripass can help you file an expedited request with strong supporting documentation, increasing your chances of success.
2. Current National Interest or Critical Fields
Given that the EB2 NIW petition already focuses on your ability to contribute to the national interest, there may be instances where your case’s urgency is directly tied to your field of work. For example, if you are involved in critical industries such as healthcare, defense, or cybersecurity, your work may be deemed of immediate national importance, potentially speeding up your petition.
At Veripass, we help you build a compelling case to demonstrate why your work is crucial to the national interest right now, increasing the chances that USCIS will prioritize your application.
3. Concurrent Filing of I-140 and I-485
If you are already in the U.S. on a valid nonimmigrant visa, you might be able to file both your I-140 Immigrant Petition and I-485 Adjustment of Status applications at the same time. This concurrent filing can save time and streamline the green card process by allowing you to get work authorization and travel permits while your EB2 NIW petition is still being processed.
Although this doesn’t officially expedite the I-140, it does allow you to progress through the immigration process faster by avoiding the long wait time between I-140 approval and the submission of your adjustment of status application. Veripass can help determine whether concurrent filing is an option for you and ensure that your application is correctly prepared for both filings.
Why Premium Processing Is Not Available for EB2 NIW
Unlike other employment-based visas, such as the EB1 or EB2 with a labor certification, the EB2 NIW category does not offer premium processing. Premium processing is a service that allows applicants to pay an additional fee to receive a decision within 15 days for certain petitions.
Unfortunately, EB2 NIW is not currently eligible for premium processing, meaning there’s no option to pay for a guaranteed faster response. While this can be disappointing, Veripass stays updated on any potential policy changes and will notify you immediately if premium processing becomes available for EB2 NIW applicants in the future.
What You Can Do to Avoid Delays
While there’s no surefire way to expedite the EB2 NIW process, there are several steps you can take to avoid unnecessary delays:
1. Prepare a Strong Initial Petition
The most effective way to avoid delays is to submit a complete and well-documented petition right from the start. USCIS may issue a Request for Evidence (RFE) if they feel your initial application lacks crucial information. RFEs can significantly delay the approval process, adding weeks or even months to your case.
Veripass ensures that your petition is comprehensive, with all necessary documentation, letters of recommendation, and evidence clearly presented. Our team of experts helps you avoid common mistakes and strengthens your case to reduce the risk of RFEs.
2. Respond Promptly to Requests for Evidence
If USCIS issues an RFE for additional documentation, it’s important to respond as quickly and thoroughly as possible. Ignoring or delaying your response can extend your processing time and potentially jeopardize your application.
Veripass closely monitors the status of your case and helps you respond to RFEs promptly, providing expert advice on how to address any concerns raised by USCIS.
3. Monitor Visa Bulletin and Priority Dates
Once your EB2 NIW petition is approved, the availability of green cards depends on the Visa Bulletin and your priority date. Keeping a close eye on the Visa Bulletin can help you prepare for the next steps in the process, such as filing for adjustment of status or consular processing.
Veripass continually tracks the Visa Bulletin for you and notifies you when your priority date becomes current, so you can take action immediately.
The Veripass Advantage: Your Partner in the EB2 NIW Journey
Navigating the EB2 NIW process can be overwhelming, especially when you’re trying to expedite your petition. That’s where Veripass comes in. Our team of immigration experts is dedicated to helping you submit the strongest possible petition, guiding you through every step of the process to minimize delays and ensure your case stays on track.
While there’s no guaranteed way to expedite your EB2 NIW application, Veripass provides personalized support to help you explore every available option for speeding up the process. From preparing a flawless petition to responding to RFEs and monitoring the Visa Bulletin, we’re with you every step of the way.
Ready to fast-track your EB2 NIW application? Join the Veripass waitlist today for access to expert guidance and resources that make the immigration process smoother and more efficient. Don’t let delays stand in the way of your future—let us help you move forward.