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EB-2 NIW Concurrent Filing Guide
How to file I-140 and I-485 together when EB-2 is current
This filing strategy lets eligible professionals submit an EB-2 National Interest Waiver petition (Form I-140) and green card adjustment of status (Form I-485) at the same time when the Visa Bulletin is current. Concurrent submission allows applicants to secure work permits (EAD) and travel authorization (Advance Parole) while awaiting petition adjudication. It cuts down overall processing lag for foreign nationals already residing in the United States.
How it works
Key rules and benefits of EB-2 NIW concurrent filing:
- Visa Bulletin Status: When the Visa Bulletin shows 'C' (Current) for EB-2 (Employment-Based 2nd Preference), there is no waiting queue for visa number availability.
- Concurrent Filing: Eligible applicants can submit Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Register Permanent Residence or Adjust Status) simultaneously.
- Interim Benefits: Filing Form I-485 grants legal pending status during processing, along with eligibility for an Employment Authorization Document (EAD / work permit) and Advance Parole (travel permission).
- Premium Processing: Available for Form I-140 NIW petitions with a 45-business-day processing window via Form I-907.
- Qualifications: Typically requires an advanced degree (Master's or equivalent, or a Bachelor's degree plus 5 years of progressive post-degree experience) and demonstration that the proposed endeavor has substantial merit and national importance.
What it's for
- Apply for US permanent residency without employer sponsorship
- Obtain work and travel permits simultaneously during green card processing
- Shorten green card wait times using premium processing alongside concurrent filing
Key points
- Check the Department of State Visa Bulletin for a 'Current' (C) status in the EB-2 category
- Simultaneously prepare and submit Form I-140 (Immigrant Petition) and Form I-485 (Adjustment of Status)
- File Form I-765 for an Employment Authorization Document (EAD) alongside I-485
- File Form I-131 for Advance Parole travel permission
- Optionally add Form I-907 for 45-business-day premium processing on Form I-140
Pricing
Paid. USCIS government filing fees apply per form (e.g., I-140, I-485, and optional I-907)
Details
- Type
- Tip
- Category
- Other
- Topic
- Immigration
- Open source
- No
- Platforms
- other
- For
- Foreign professionals with advanced degrees or exceptional ability seeking US green cards
- Alternative to
- EB-1A Extraordinary Ability, EB-2 PERM Labor Certification, O-1 Visa
- Tags
- eb2 niw, immigration, greencard, uscis, visabulletin
Why it was saved
- @nurziya_talgatovna: Enables eligible professionals to file Form I-140 and Form I-485 at the same time, granting work authorization (EAD) and travel permits (Advance Parole) while the case is being processed.
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