NIW I-140 approval
The H1B visa is one of the most common work visas in the U.S., especially for Indian professionals. An H1B visa lasts three years, and USCIS can extend it for three more. However, many holders stay beyond six years thanks to green card delays, especially with NIW petitions.
How NIW I-140 approval extends H1B beyond six years
The AC21 law allows H1B holders with an approved I-140 to extend their visas every three years while they wait for a green card. This helps many skilled Indian workers stay in the U.S. while they wait because of the Visa Bulletin backlog.
Why Indian professionals choose NIW I-140
More Indian H1B holders are choosing NIW petitions. An approved NIW I-140 provides multiple benefits:
- H1B extensions beyond six years remain possible, thanks to delays in green card processing.
- Professionals avoid relying on employer sponsorship, gaining more control over their immigration status.
- NIW approval accelerates the green card process for skilled workers. This is quicker than the usual job sponsorship that requires a labor certificate.
Many of our Indian clients invest in NIW I-140 petitions to secure their long-term stay in the U.S.
H1B extensions beyond six years depend on I-140 approval and ongoing visa policies. However, political uncertainty and changing regulations create risks for H1B holders relying on employer-sponsored green cards. If an employer withdraws an I-140 petition, the employee may lose H1B extension ability.
By getting an NIW I-140, professionals can control their status on their own. They do not have to rely on one employer. This action lowers the risk of losing legal status when the layoffs take place.
The National Interest Waiver (NIW) allows professionals to apply for a green card without needing employer sponsorship. This makes it a powerful option for H1B holders facing long wait times.
NIW petitions show how valuable the applicant is to the United States. They provide a more flexible way to get permanent residency. Many skilled professionals use this route to avoid job-based limitations and gain greater control over their immigration future.
Political debate over H1B extensions
The future of H1B extensions depends on shifting U.S. immigration policies. Tech leaders like Elon Musk support expanding high-skilled immigration to drive innovation in AI, software, and advanced manufacturing. Meanwhile, far-right Republicans push for stricter immigration policies, including ending H1B extensions for I-140 holders. They argue this protects American jobs, despite evidence that skilled workers fill critical labor shortages.
During his first term, Donald Trump made H1B processing harder and tried to limit visa extensions. However, during his 2024 campaign, he acknowledged that H1B visas help the U.S. compete globally. In his second term, it’s unclear yet if he will support more skilled immigration or push for stricter controls – EB2 NIW changes.
Future outlook for H1B holders
As of February 2025, I-140 H1B extensions remain in place. But policy changes could put these extensions at risk. That’s why many professionals are choosing NIW I-140 petitions to secure a stable immigration status.
With ongoing policy debates and potential restrictions, starting the NIW process early is crucial. The demand for employment-based green cards, especially for Indian nationals, continues to grow. Delaying an NIW petition could mean waiting even longer for approval.
By getting an NIW I-140 now, H1B holders can keep their right to stay in the U.S. They can also ensure that they can work while they process their green card application.
At Self Petition USA, we create NIW I-140 petitions. Our goal is to help professionals live and work in the United States. Contact us to see a sample petition. Learn how we can assist you with EB-2 National Interest Waiver.
