Understanding Filing Options for EB-2 and NIW Visas
If you are looking to obtain a green card through the employment-based second preference national interest waiver (EB-2 NIW) pathway, there are two filing options to consider: filing your I-140 application by itself or filing it concurrently with your adjustment of status form.
Filing I-140 Alone
If you choose to file your I-140 application by itself, you will need to go to the USCIS website and download the latest version of the I-140 form. Once you have filled out the form, you will need to write a petition to USCIS, explaining how you meet all the requirements for the EB-2 NIW visa and attaching all the necessary evidence.
You will also need to fill out the ETA 9089 labor certification form, specifically sections J to M. After submitting the application and the correct filing fee, you will wait for approval from USCIS before applying for adjustment of status.
Filing Concurrently
Filing concurrently means turning in your I-140 application along with your adjustment of status form. This means you are submitting both applications simultaneously and waiting for USCIS’s approval. In addition to the I-140 application and adjustment of status form, you will need to submit your ETA 9089 labor certification form, sections J to M, and the medical check form (I-693). Optional forms like authorization for employment and advanced parole can also be included for free.
Factors to Consider
One factor to consider is the cost difference between filing options. Filing the I-140 alone costs $700, while filing concurrently requires payment of the entire fee at once, including the I-140 application fee, adjustment of status fee, medical check fee, and any additional optional forms. Another factor to consider is the processing time.
Filing I-140 alone may result in a longer wait time to hear back from USCIS before moving on to the next step while filing concurrently means you are submitting both applications at once and potentially shortening the overall processing time. Ultimately, deciding which filing option to choose will depend on your circumstances and preferences.
Another factor to consider is the processing time. Filing the I-140 first could potentially lead to a faster processing time since USCIS would only be reviewing one application. However, if you file concurrently, both applications would be reviewed simultaneously, potentially leading to a longer processing time. It’s important to remember that processing times can vary depending on various factors, so it’s difficult to predict precisely how long the process will take.
It’s also worth considering your individual circumstances. If you’re currently in the US and you’re concerned about your immigration status expiring, you may want to file concurrently to avoid any potential issues. On the other hand, if you’re not in a rush and you want to save some money, filing the I-140 first could be a good option. Ultimately, the decision of whether to file concurrently or file the I-140 first depends on your individual circumstances and priorities.
It’s important to consider all the factors involved carefully and consult with an immigration attorney if you have any questions or concerns. In summary, when it comes to filing for the EB-2 NIW visa, you have two options: filing the I-140 first or filing concurrently. Filing the I-140 first can potentially lead to a faster processing time and may be more cost-effective for some individuals.
Filing concurrently means turning in everything at once, potentially leading to a longer processing time, but it may be necessary for those concerned about their immigration status expires. Ultimately, the decision depends on your individual circumstances and priorities.
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