
Navigating the EB-2 National Interest Waiver (NIW) green card process can be a lengthy and complex journey. For many applicants, understanding the typical timelines involved is crucial for setting expectations. Recently, we’ve seen a few of our clients receive their green cards based on approved EB-2 NIW petitions, and we wanted to share insights into the timeline of this multi-step process in 2024.
Step 1: Filing the I-140 Petition
The first step in the EB-2 NIW process is filing the I-140 petition. In early 2023, several of our clients submitted their I-140 petitions using premium processing, which significantly sped up the approval timeline. With premium processing, some of these petitions were approved within one month. However, for those not using premium processing, the timeline may extend to several months.
Step 2: Waiting for Priority Dates to Become Current
After the I-140 is approved, the next major milestone is waiting for the priority dates to become current. Due to backlogs in the EB-2 NIW category, many of our clients experienced a waiting period of approximately one year before their priority dates became current. This step is crucial, as applicants cannot proceed to file the I-485 Adjustment of Status until their priority date is current.
Step 3: Filing the I-485 Adjustment of Status
Once the priority date becomes current, applicants can file the I-485 Adjustment of Status application. Some of our clients were able to submit their I-485 forms in early 2024, allowing them to move to the final stage of the green card process. This stage involves background checks, biometrics appointments, and, in some cases, an interview with U.S. Citizenship and Immigration Services (USCIS).
Step 4: Approval Without an Interview
In a surprising development, by July 2024, several of these I-485 applications were approved within 5 to 6 months, and many of these approvals occurred without requiring an interview. This faster-than-expected approval is a positive trend, as traditionally, the I-485 process could take much longer, often involving interviews.
Total Timeline: Around 1.5 Years
For some of our clients, the entire process—from filing the I-140 to receiving the green card approval—took approximately 1.5 years. This timeline includes premium processing for the I-140 and a relatively smooth I-485 process without significant delays or interviews.
Conclusion
While green card processing times can vary based on numerous factors, recent trends in 2024 suggest that the entire EB-2 NIW green card process, from I-140 filing to final approval, can be completed within 1.5 to 2 years under optimal conditions. If you’re considering applying for an EB-2 NIW, it’s important to plan for potential delays and understand that each case is unique.
If you’re looking for guidance on the EB-2 NIW process or need help with your application, schedule a consultation with us and explore our free resources for personalized advice.
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