The EB2-NIW visa category is preferred and suitable for individuals with phenomenal abilities. It allows them to self-petition for U.S. Green Card. It is an attractive choice for such individuals to get immigration even without employer sponsorship. The process of applying, however, is different for people already in the United States or outside the country.  Let’s take a closer look at the differences and implications of applying for EB2-NIW by location.

1. Process Overview for Applicants in the U.S.

For applicants who are already in the United States on non-immigrant visas such as F-1 (student), H-1B (work visa), or OPT (Optional Practical Training), applying for the EB2-NIW visa may result in an adjustment of status. Once the I-140 petition is authorized and the priority date is current, the applicant may file Form I-485 (Application to Register Permanent Residence or Adjust Status), which allows them to become permanent residents without leaving the United States.

For people outside the United States, the process entails consular processing. An immigrant visa must be applied for at a U.S. consulate or embassy in the applicant’s home country following the approval of the I-140 petition and the priority date becoming current. Attending an interview and supplying the necessary paperwork are part of this procedure. After being accepted, the candidate is able to become a permanent resident of the United States.

2. Status Adjustment vs. Consular Processing

Status Modification (For U.S. applicants)

Those who are already in the United States may submit Form I-485 under the Adjustment of Status (AOS) program. While waiting for their green card, applicants can work and travel by applying for Employment Authorization (EAD) and Advance Parole (travel permission) simultaneously with Form I-485. AOS is especially beneficial since it offers a clear route to lawfully remain in the United States while awaiting a green card.

Processing at Consular (For Applicants outside the U.S.)

Consular processing entails submitting an application for an immigrant visa at a U.S. consulate in the applicant’s home country. The applicant can fly to the United States and obtain their green card upon admission when the visa is granted. Consular procedure is simple, but at some U.S. consulates, especially in nations with a large number of applicants, interview backlogs might result in longer wait periods.

3. Flexibility in Travel and Timing

Candidates in the U.S.

Applicants who are already in the country have the option to stay there for the duration of the adjustment of status application procedure. They can continue their employment if they have a valid work visa, and once their EAD is approved, they can switch jobs or employers freely. Additionally, Advance Parole allows them to travel internationally without abandoning their green card application.

Candidates outside the U.S.

It might be difficult for applicants from outside the country to visit the United States while their EB2-NIW application is ongoing, particularly if they lack a valid non-immigrant visa. Additionally, while their immigrant petition is ongoing, candidates who try to enter the country on a temporary visa, such as a tourist visa (B1/B2), may be scrutinized because of inquiries regarding their intention to return home.

4. Processing Time and Documentation

Candidates inside the U.S.

● Concurrent Filing: If an applicant’s priority date is current, they can file Form I-140 and Form I-485 simultaneously, which helps expedite the green card application process. Concurrent filing also makes it possible to obtain work and travel permits more quickly.

● Biometrics and Interviews: In order to determine eligibility, USCIS may occasionally demand an interview in addition to the biometrics appointment that applicants must attend.

Candidates not in the U.S.

● Consular Interview: Participation in a U.S. embassy or consulate interview is necessary for consular processing. Before granting an immigrant visa, consular officials examine the applicant’s case and run a background investigation.

● Country-Specific Challenges: If there are country-specific quotas, applicants from nations with higher visa demand (such as China and India) may experience backlogs and lengthier processing periods.

5. Fees and Charges

Within the United States

Filing fees for Form I-140, Form I-485, Form I-765 (EAD), and Form I-131 (Advance Parole) must be paid by applicants in the United States. Although the expenses can mount up, they offer flexibility in terms of work and travel.

Outside of the United States.

Expenses for Form I-140, DS-260 (Immigrant Visa Application), and medical examination and interview expenses are all part of the consular processing process. Nonetheless, the overall costs are decreased by the absence of extra forms like I-485, EAD, and Advance Parole.

Immignis’s Recent Cases:

Example 1: John, an H-1B visa-holding software engineer

Mauricio, who is in the United States on an H-1B visa, submitted an EB2-NIW petition on the basis of his cybersecurity achievements.  Following the approval of his I-140, John submitted Form I-485, EAD, and Advance Parole. He was able to travel abroad for conferences and change jobs without risking his green card application because of this.

Example 2: Anita is an Indian researcher

EB2-NIW was applied for by Anita, a research scientist in Frankfurt, because of her work in renewable energy. After submitting a successful I-140 petition, she moved forward with consular processing. After being granted permission, she came to the United States and obtained her green card at the port of entry, but she had to wait six months for her consular interview because of backlogs in Germany.

Thus the EB2-NIW visa is an attractive option for highly skilled individuals. It is equally beneficial for people both inside and outside of the country but people inside only have to adjust their status. While people outside of the U.S. have to undergo consular processing and additional travel problems. Choosing the right plan depending on your location can have a great impact on your visa process.