1. What impact do priority dates have on EB-2 NIW petitions?

Priority dates have a significant impact on EB-2 NIW (National Interest Waiver) petitions. Priority dates are used to determine when a foreign national is able to apply for certain visa categories, including the EB-2 NIW. If the priority date of the petition is earlier than the cutoff date listed on the Visa Bulletin, then the foreign national may proceed with their application. If the priority date is later than the cutoff date, then the foreign national must wait until the priority date catches up to be able to proceed with the application.

2. How long does it typically take for an EB-2 NIW petition to be approved?

The processing time for an EB-2 NIW petition can vary depending on the volume of petitions currently being processed by the United States Citizenship and Immigration Services (USCIS). Generally, it can take anywhere from four to six months for an EB-2 NIW petition to be approved.

3. How can the priority date for an EB-2 NIW petition be determined?

The priority date for an EB-2 NIW petition is determined by the date that the Form I-140 petition was properly filed with U.S. Citizenship and Immigration Services (USCIS). The priority date gives the applicant a place in line for a visa number in the event that a visa becomes available.

4. Are there any advantages to having an earlier priority date for an EB-2 NIW petition?

Yes, there are advantages to having an earlier priority date for an EB-2 NIW petition. An earlier priority date can help a foreign national improve their chance of securing permanent residency in the United States. When applying for a green card through this visa category, applicants must have a labor certification through the Department of Labor or establish that their work is in the national interest. The earlier priority date can help applicants in this respect, as it can indicate that the foreign national has had their credentials for a longer period of time and can provide more evidence for their labor certification and national interest claims.

5. Can priority dates be extended for an EB-2 NIW petition?

Yes, priority dates can be extended for an EB-2 NIW petition. Priority dates are used to determine when a visa is available for a foreign national to apply for permanent residence in the United States. When the priority date for an EB-2 NIW petition is current or becomes current, the foreign national may file their permanent residence application. If the priority date does not become current before the expiration of the beneficiary’s nonimmigrant status, the foreign national may request an extension of their priority date in order to avoid being out of status.

6. Does the priority date affect the processing time of an EB-2 NIW petition?

Yes, the priority date can affect the processing time of an EB-2 NIW petition. Depending on the current demand for the particular employment-based immigrant visa preference category and the country of chargeability, there may be a waiting period before the petitioner can begin the adjustment of status process or consular processing. The priority date is the date that the petitioner’s labor certification application or visa petition was accepted by USCIS and it determines when the petitioner is eligible to apply for permanent residence.

7. What happens if an EB-2 NIW petition is filed prior to the priority date?

If an EB-2 NIW petition is filed prior to the priority date, the application will not be eligible for consideration until the priority date is reached. The application will remain pending until the priority date is reached and then be processed in the chronological order in which it was filed.

8. What is the purpose of having a priority date for an EB-2 NIW petition?

Priority dates are used in immigrant visa processing to determine when an applicant is eligible to file their adjustment of status or consular processing application. They are established when the first immigrant visa petition that an applicant has filed (in this case, an EB-2 NIW petition) is received and accepted by the United States Citizenship and Immigration Services (USCIS). The priority date is important because it allows the USCIS to track how long a particular applicant has been waiting for their visa. This ultimately allows applicants who have been waiting longer to receive priority over those who have been waiting for shorter periods of time.

9. Is there any way to expedite the processing of an EB-2 NIW petition with a priority date?

No, there is not any way to expedite the processing of an EB-2 NIW petition with a priority date. The processing times for these petitions vary depending on many factors and are determined by the U.S. Citizenship and Immigration Services (USCIS). To check on the current processing times, applicants can refer to the USCIS website.

10. How often are priority dates updated for EB-2 NIW petitions?

Priority dates for EB-2 NIW petitions are updated monthly by the U.S. Department of State’s Visa Bulletin.

11. Is there a limit on how long a priority date can stay active for an EB-2 NIW petition?

No, there is no limit on how long a priority date can stay active for an EB-2 NIW petition. The priority date will remain active until your application is approved or denied, whichever comes first.

12. What is the difference between the I-140 and I-485 priority dates in an EB-2 NIW petition?

The I-140 priority date represents the date when USCIS receives a completed I-140 petition, and is used to determine an individual’s place in the visa queue. The I-485 priority date is the date when USCIS receives a completed I-485 petition, which is used to determine when an individual can apply to adjust their status to permanent residence.

13. Does the priority date affect the length of time that a foreign national can remain in the U.S.?

No. The priority date does not affect the length of time that a foreign national can remain in the U.S. The priority date is simply the date that a foreign national’s visa petition was filed with United States Citizenship and Immigration Services (USCIS). It does not indicate when a visa will be issued or if a foreign national can remain in the U.S. legally.

14. Can an applicant file multiple EB-2 NIW petitions with different priority dates?

Yes, an applicant can file multiple EB-2 NIW petitions with different priority dates. However, it is important to note that only one petition may be approved at a time.

15. How can an applicant track the progress of their EB-2 NIW petition with a priority date?

Applicants can track the progress of their EB-2 NIW petition with a priority date by checking the Department of State’s Visa Bulletin each month. The Visa Bulletin shows the current priority date for each visa category. Applicants can compare their priority date to the current date in the Visa Bulletin to determine if their application is still pending or if it has been approved. Additionally, applicants can contact their national USCIS office to inquire about the status of their petition.

16. How much does it cost to file an EB-2 NIW petition with a priority date?

The cost of filing an EB-2 NIW petition with a priority date will vary depending on the attorney you choose and the complexity of your case. Generally, the cost will range from $3,000 to $10,000.

17. Is there any way to speed up the processing of an EB-2 NIW petition based on the priority date?

Unfortunately, there is no way to speed up the processing of an EB-2 NIW petition based on the priority date. The priority date is determined by the date the Form I-140 (Immigrant Petition for Alien Worker) is filed with U.S. Citizenship and Immigration Services, and the current availability of visas in the applicant’s home country. The length of time it takes to process an EB-2 NIW petition depends on the backlog of cases and the complexity of the petition. To check the current visa availability, you can visit the U.S. Department of State Visa Bulletin.

18. Are there any risks associated with filing for an EB-2 NIW petition before your priority date is reached?

Yes, there are risks associated with filing for an EB-2 NIW petition before your priority date is reached. When you file before your priority date, USCIS will process the application as if it were a regular EB-2 petition and not as an NIW petition. This is because USCIS may not recognize the NIW criteria until the priority date is reached. As a result, you could be denied with no avenue for appeal and would have to refile a new petition at that time. Additionally, if the priority date is close to being reached, it could result in a longer processing time due to USCIS having to wait until the priority date is met before processing your application.

19. Do I need to file my I-140 before I can apply for my I-485 under my EB-2 NIW petition with a priority date?

No, you do not need to file your I-140 before you can apply for your I-485 under your EB-2 NIW petition with a priority date. However, you will need to have a valid I-140 approved before the USCIS will consider your I-485 application.

20. What documents must be included when filing an EB-2 NIW petition with a priority date?

The following documents must be included when filing an EB-2 NIW petition with a priority date:

• A copy of the foreign national’s curriculum vitae (CV) or resume;

• Evidence of the foreign national’s advanced degree or exceptional ability in the sciences, arts, or business;

• Evidence of national or international recognition for achievements in the field;

• Letters of recommendation from experts in the field attesting to the foreign national’s exceptional ability;

• Any other relevant evidence to support the petition.