EB-2 NIW for China & India born applicants

EB-2 NIW according to country of birth

The number of visas available under the EB-2 NIW category is restricted geographically, and the demand for these visas is particularly high among Chinese and Indian citizens. As a result, a backlog has developed, causing wait times of several years for Chinese and Indian citizens seeking to obtain an EB-2 NIW Green Card.

In recent years, the wait times for EB-2 NIW visas have become increasingly long. This has caused significant frustration and uncertainty for many individuals and their families, who may be unable to pursue their careers or make long-term plans while they wait for their visas to be processed.

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What Starter Kit Includes

Document #1

Starter Kit structure, importance of repetitions and choosing the right language

I-140 Cover Letter

Document #2

Find list of professions in the section: Starter Kit Templates

NIW Case Builder

Document #3

For profession of your choice, to help you identify relevant NIW initiatives and arguments

Original I-140 Cover Letter

Document #4

Important also for non-banking professions: from our approved NON-RFE petition

Three Original Reference Letters

Documents #5A, #5B, #5C

Important also for non-banking professions: from our approved NON-RFE petition

Editable Original Reference Letters

Documents #6A, #6B, #6C

Word format of our three original reference letters that can be edited

Guide to Request Reference Letters

Document #7

Detailed steps we took to acquire reference letters and recommended strategies

Guide to Understand Visa Bulletin

Document #8

Find out if your date is current, ie. there is no backlog and no wait time for a green card

Adjustment of Status Guide

Document #9

Adjustment of Status explained, along with list of required forms and documents (10 pages)

AOS Sample: I-485, I-765 & I-131

Document #10

Forms I-485, I-765, I-131 and Adjustment of Status cover letter in editable Word format

ETA-9089 & ETA-750 Forms

Document #11

Select sample form to add to your package

Additionally, individuals born in India or China facing extended wait times for EB-2 NIW visas should be aware of the strategic advantages offered by obtaining an NIW I-140 Immigrant Petition approval. Despite the Green Card delay, this approval can facilitate H-1B extensions, provide H-4 work authorization for spouses, and enable the transfer of the I-140 priority date for future petitions filed under different categories. Exploring these options can offer practical solutions to navigate the challenges posed by the current backlog.

All this means that if you were born in India or China, even though a Green Card may not be available to you in the near term future because of the EB-2 Visa Bulletin backlogs, there may still be advantages you can gain by obtaining an NIW I-140 Immigrant Petition approval, which is the first step of Green Card process:

• NIW I-140 approval can be used to support H-1B extensions beyond the normal six-year limitation
• NIW I-140 approval can be used to support an application for H-4 work authorization for your spouse
• NIW I-140 approval can give you the ability to transfer I-140 priority date to another future I-140 Immigrant Petition filed under a different category

In conclusion, the EB-2 NIW backlog is a complex issue that has affected many Chinese and Indian citizens seeking to obtain a U.S. Green Card. While the wait times for these visas can be long and uncertain, there are benefits to filing I-140 which is the first step of the Green Card process.