The EB-2 National Interest Waiver (NIW) offers a unique pathway to U.S. permanent residency for professionals with advanced degrees or exceptional abilities whose work benefits the national interest. Understanding the processing timelines is crucial for applicants to plan accordingly.
I-140 Petition Processing Time
The initial step in the EB-2 NIW process involves filing Form I-140, Immigrant Petition for Alien Worker. As of 2025, the standard processing time for Form I-140 under the EB-2 NIW category ranges from 10.5 to 26.5 months, depending on the service center and case complexity.
For applicants seeking expedited processing, USCIS offers premium processing for EB-2 NIW petitions. This service guarantees a decision within 45 calendar days for an additional fee.
Adjustment of Status or Consular Processing
After I-140 approval, applicants must either file Form I-485 for adjustment of status (if residing in the U.S.) or proceed with consular processing (if abroad). The processing time for Form I-485 typically ranges from 6 to 12 months, while consular processing can take 4 to 12 months, depending on the U.S. embassy’s workload and the applicant’s home country.
It’s important to note that these timelines can be affected by factors such as visa availability, background checks, and USCIS workload.
Total Processing Timeline
Considering all stages, the total processing time for an EB-2 NIW petition, from I-140 filing to green card approval, can range from 1.5 to 2 years under optimal conditions . However, delays can occur due to factors like Requests for Evidence (RFEs), visa retrogression, or administrative processing.
Factors Influencing Processing Times
Several factors can impact the processing timeline:
- Service Center Workload: Different USCIS service centers have varying processing speeds.
- Case Complexity: Incomplete or complex applications may require additional review.
- Visa Availability: Applicants from countries with high demand may experience longer waits due to visa number limitations.
- Requests for Evidence (RFEs): USCIS may request additional documentation, which can extend processing times.
Navigating the EB-2 NIW process requires careful planning and attention to detail. At Scott Legal, P.C. our experienced immigration attorneys are here to guide you through each step, ensuring a smooth and efficient process. Schedule a consultation and take the first step toward achieving your U.S. immigration goals.
