Unlocking the EB-2 NIW Visa: Filing Options Demystified – Concurrent vs. I-140 Only

Introduction

Welcome to a comprehensive guide on the EB-2 NIW (National Interest Waiver) US green card pathway. Here, we will dive deep into the two primary filing options: filing concurrently or just the I-140. Deciding on which route to take can be a challenging decision, especially if you’re in the US. So, let’s get started!

Understanding the Filing Options

The primary dilemma for most applicants revolves around two options: filing only the I-140 or doing it concurrently with other forms. Let’s break these down.

Filing I-140 by Itself

Opting for this method means you’ll only file your I-140 application and wait for its approval before moving to the next step, i.e., the adjustment of status. The steps are:

1. Visit www.uscis.gov/i-140 and download the latest version.
2. Complete the form and attach a petition that outlines your eligibility for EB-2 and NIW.
3. Include the required evidence and the labor certification form (ETA 9089, sections J to M).
4. Send it to the designated address in Texas.
5. Once approved, you can then apply for adjustment of status.

Note: This method is only applicable for those currently in the US.

Filing Concurrently

Concurrent filing involves submitting all applications at once. This includes the I-140, I-485 (Adjustment of Status), and optionally I-765 (Employment Authorization) and I-131 (Advanced Parole). Additionally, the medical check form, I-693, must also be submitted. Essentially, it’s an all-in-one approach where you’re essentially asking USCIS for your green card directly.

Factors to Consider When Choosing

Cost Implications: The I-140 alone costs $700. If you choose to file concurrently, you’ll need to pay for the I-485, I-693 (medical check), and possibly other forms. Some may prefer to stagger the costs.
Confidence Level: If you’re sure about your eligibility and have all the required documentation, concurrent filing might be the way to go.
Time Constraints: If you’re on a tight schedule or your current status is nearing expiration, concurrent filing might be more suitable.

Questions from Our Community

Q1: Can you review my petition letter?
Answer: Yes, for a detailed review of your petition letter, visit www.myeb2niw.com, and check our services section.

Q2: Is there an option for premium service with faster processing?
Answer: Yes, premium processing is now available for EB-2 and NIW. More details will be discussed in our next video.

Conclusion

Deciding between filing concurrently or just the I-140 is a significant step in your green card application process. By considering factors like cost, confidence, and time, you can make an informed decision. Stay tuned for more updates, and best of luck with your application!