EB-2 NIW Processing Time 2024: What to Expect
The EB-2 National Interest Waiver (NIW) is a popular pathway for highly skilled professionals, researchers, and individuals who contribute to the national interest of the United States to obtain permanent residency without the need for employer sponsorship. A critical question many applicants have is, “How long does the EB-2 NIW process take in 2024?”
In this article, we’ll dive into the factors affecting EB-2 NIW processing times, what applicants can expect in 2024, and tips to navigate the process smoothly.
What Is the EB-2 NIW?
The EB-2 NIW falls under the employment-based second preference (EB-2) category, which is designed for professionals holding advanced degrees or individuals with exceptional abilities. The “National Interest Waiver” allows the standard job offer and labor certification requirements to be waived if the applicant’s work is deemed to benefit the United States.
This means that applicants can self-petition, providing flexibility and independence in pursuing U.S. residency.
EB-2 NIW Processing Time in 2024: Key Factors
The processing time for EB-2 NIW can vary significantly based on several factors. Here are the key factors that influence how long the process takes:
- USCIS Service Center Handling Your Case
- The processing time for an EB-2 NIW petition largely depends on which U.S. Citizenship and Immigration Services (USCIS) service center is handling your case. Typically, cases are processed at the Texas or Nebraska Service Centers.
- Historically, Texas Service Center has had longer processing times compared to the Nebraska Service Center. Applicants should be mindful of these variations, as it could add months to their waiting period.
- Form I-140 Processing Time
- The EB-2 NIW process starts with the submission of Form I-140 (Immigrant Petition for Alien Worker). In 2024, the typical processing time for Form I-140 can range from 8 months to 14 months, depending on the service center.
- Applicants can check the current processing times directly on the USCIS Processing Times page, which provides real-time updates on the status for each service center.
- Form I-485 Processing Time (Adjustment of Status)
- After the I-140 is approved, applicants already in the U.S. can file Form I-485 to adjust their status to a permanent resident. The processing time for Form I-485 in 2024 is typically between 12 and 20 months, depending on the USCIS field office.
- For those applying from outside the U.S., the consular processing route typically takes 6 to 12 months.
- Country of Chargeability
- Applicants from countries with high demand for U.S. visas, such as India and China, may experience longer waiting times due to visa backlogs and priority date retrogression.
- For most other countries, the wait time is shorter as they fall under the Rest of the World (ROW) category, where visa availability is generally more consistent.
- Additional Requests for Evidence (RFE)
- If USCIS requires more information to evaluate your case, they may issue a Request for Evidence (RFE), which could delay the processing time by several weeks or months.
2024 Processing Time Overview
Based on recent trends and updates, here is a breakdown of the approximate processing time for an EB-2 NIW in 2024:
- Form I-140 (Immigrant Petition): 8 to 14 months
- Form I-485 (Adjustment of Status): 12 to 20 months
- Consular Processing: 6 to 12 months
- Total Processing Time: 18 to 36 months
How to Expedite Your EB-2 NIW Processing
Although the processing time for EB-2 NIW is largely out of your control, there are steps you can take to ensure a smoother and faster process:
- Submit a Complete Petition
- Ensure all required documentation, such as evidence of your work’s national interest, letters of recommendation, and proof of qualifications, is submitted correctly the first time. Missing documents could lead to an RFE, which delays the process.
- Regularly Check USCIS Case Status
- Stay updated by regularly checking the USCIS Case Status Online tool with your receipt number. This will allow you to monitor any changes or updates to your case status.
- Respond to RFEs Promptly
- If you receive a Request for Evidence, respond as quickly as possible to avoid additional delays. Provide comprehensive documentation to satisfy the request fully.
- Premium Processing?
- Premium processing is now available for EB-2 NIW applications, allowing petitioners to expedite the processing of their case for an additional fee of $2,805. With premium processing, applicants can receive a response from USCIS within 45 calendar days, significantly reducing the standard waiting time. This option provides faster results for those who meet the qualifications for this visa category.
- Maintain Accurate Records
- Keep accurate and up-to-date records of your petition and correspondence with USCIS. This will ensure you can provide the necessary information or resubmit any documents if needed.
Current Processing Time Trends for 2024
While EB-2 NIW processing times have been subject to delays in recent years, the USCIS has made efforts to reduce backlogs and improve efficiency. Processing times are expected to remain steady in 2024, with slight variations based on the applicant’s country of origin, service center, and case complexity.
Priority Dates and Visa Bulletin Updates
For applicants from countries subject to priority date backlogs, the Visa Bulletin plays a critical role in determining when you can file for your green card. The Visa Bulletin is updated monthly by the U.S. Department of State, and it outlines the availability of immigrant visas based on your priority date (the date your I-140 was filed).
- Check the Visa Bulletin Monthly: Regularly review the bulletin to stay updated on the movement of priority dates for your country. For some applicants, the waiting period might extend beyond the standard processing time due to retrogression.
Conclusion
The EB-2 NIW processing time in 2024 is influenced by various factors such as service center backlogs, country of chargeability, and whether additional evidence is required. On average, you can expect the process to take anywhere from 18 to 36 months from start to finish.
By submitting a complete, well-prepared petition and keeping track of your case status, you can ensure that the process goes as smoothly as possible. Staying informed about processing times and Visa Bulletin updates will help you manage expectations and better plan your move towards U.S. permanent residency.
FAQs about EB-2 NIW Processing Time
- Can I speed up the EB-2 NIW process? Yes, you can speed up the process by opting for premium processing, which guarantees a response from USCIS within 45 calendar days. This significantly reduces the usual waiting time for EB-2 NIW petitions.
- Does my country of origin affect the processing time? Yes, if you’re from a country with a high demand for U.S. visas, such as India or China, your processing time may be affected due to visa backlogs.
- How long does Form I-140 take to process in 2024? Form I-140 processing can take anywhere from 8 to 14 months, depending on the service center handling your case.
- How do I check the status of my EB-2 NIW petition? You can use the USCIS Case Status Online tool to track the progress of your petition using the receipt number provided after you file Form I-140.
