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EB-2 NIW Concurrent Filing When Category is Current

Filing I-140 and I-485 simultaneously when visa bulletin dates are current

From the Xiry library · Updated 3 October 2026

A US immigration filing strategy for advanced degree professionals applying under the National Interest Waiver. When the EB-2 category priority date shows as 'Current' in the Department of State Visa Bulletin, applicants can file their petition and adjustment of status concurrently to secure work authorization and travel permits faster.

How it works

When the EB-2 category is listed as 'Current' ('C') in the US Department of State Visa Bulletin (for applicants outside oversubscribed countries):

  1. Concurrent Filing: You can file Form I-140 (immigrant petition under National Interest Waiver) and Form I-485 (adjustment of status) simultaneously instead of waiting for petition approval.
  2. Benefits During Pending Status: Filing Form I-485 grants authorized stay in the US while the application is reviewed, as well as eligibility to apply for an Employment Authorization Document (EAD / work permit) and Advance Parole (travel document).
  3. Premium Processing: Form I-140 can be filed with premium processing to receive an adjudication decision from USCIS within 15 to 45 business days.
  4. Qualifications: Requires an advanced degree (Master's or higher) or a Bachelor's degree plus at least 5 years of progressive experience, alongside evidence that the proposed endeavor holds substantial merit and national importance to the United States.

What it's for

  • Speed up US permanent residency application timelines
  • Obtain an Employment Authorization Document (EAD) and Advance Parole travel permit while the green card is pending
  • Establish authorized stay in the US during petition adjudication

Key points

  • Check the Department of State Visa Bulletin to verify EB-2 shows 'Current' (C) for your country of chargeability
  • File Form I-140 (immigrant petition under NIW) and Form I-485 (adjustment of status) simultaneously
  • Submit Form I-765 (work permit) and Form I-131 (Advance Parole) alongside Form I-485
  • Optionally apply for Form I-140 premium processing to expedite the immigrant petition decision within 45 days
  • Provide evidence of an advanced degree or exceptional ability alongside proof of national importance

Pricing

Paid. USCIS government filing fees apply for Form I-140 and Form I-485

Details

Type
Tip
Category
Lifestyle
Topic
Immigration
Open source
No
Platforms
other
For
Advanced degree professionals and researchers applying for a US green card via EB-2 NIW
Alternative to
Consular Processing, Standard Sequential Filing
Tags
eb2 niw, immigration, visas, uscis, greencard

Why it was saved

  • @nurziya_talgatovna, 20 February 2026: Allows eligible applicants with higher education and professional experience to bypass visa waiting queues and obtain lawful status, work authorization (EAD), and travel permits much faster.

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Updated