What can I do if there is EB-2 NIW backlog?

EB-2 NIW backlog

EB-2 National Interest Waiver (NIW) is a type of employment-based Green Card for individuals with exceptional ability or advanced degrees who can demonstrate that their work in the United States is in the national interest. However, due to the limited number of Green Cards available each year, there may be a backlog for EB-2 NIW.

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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

If you are facing a backlog for EB-2 NIW, here are some things you can do:

• Initiate the process of separate filing: To obtain NIW Green Card, you must file I-140 Immigrant Petition and an I-485 Adjustment of Status Application. These could be filed concurrently or separately. You can file the first part, ie. Form I-140 (Immigrant Petition for Alien Worker) even if there is a backlog in visa availability. In other words, only Form I-485 is subject to backlog, so keep checking the Visa Bulletin to determine whether you can proceed to this step, which is adjustment of status or consular processing.
• Check for updates on the visa bulletin: The visa bulletin is published monthly by the U.S. Department of State and provides information on the availability of immigrant visas.
• Consider alternative options: If the backlog for EB-2 NIW is too long, you may want to consider alternative options such as applying for a different type of Green Card, such as EB-1A, or considering other options such as H-1B or L-1 visas.
• Wait: While waiting for the backlog to clear, you may be able to continue working in the United States under a different type of visa or work authorization. Preparing EB-2 NIW application can take up to a few months. Could be that by the time you are able to file, the backlog will be resolved.
• Join advocacy groups: Joining advocacy groups or organizations that support immigration can provide you with updates on the backlog and connect you with other individuals who are facing similar challenges.

It is important to keep in mind that the backlog for EB-2 NIW can change from time to time, so it is important to stay informed and be prepared to take advantage of any opportunities that may arise.