If you’ve done some amazing things, you have a lot of U.S. immigration options. Options mean choices, and you have several choices to make regarding your path to obtaining a U.S. green card.
Our clients often consider applying for either an EB-1A green card for extraordinary ability or an EB-2 green card with a National Interest Waiver. For both of these options, you can self-petition without employer sponsorship. Here are the pros and cons of each for people who are already in the U.S. in valid legal status. If you have questions, let us know!
EB-1A
This option is based on your extraordinary ability as a top person in something related to your field of expertise. It typically takes us three to four months working together with clients and their references to prepare the petition.
For an EB-1A, we would file Form I-140 with premium processing. We typically hear back from U.S. Citizenship and Immigration Services (USCIS) in two weeks if you’re approved or the government wants more info, in which case we would respond.
Once your Form I-140 is approved, we would file Form I-485 for your family. You and your spouse would get work permits and travel documents about six months after the Adjustment of Status Form I-485 is filed. You would need to stay in the U.S. from now until when you receive that “Combo Card,” and then you can take international trips. One of our attorneys can accompany you to a green card interview at a USCIS office near your residence.
This is a great option regardless of which country you’re from, especially for people from India and China who could otherwise face long employment-based green card backlogs.
EB-2 NIW
This option is based on your work and technology being important to the national interest of the U.S.
The process is similar to EB-1A in that we would file Form I-140. However, premium processing is not available for EB-2 NIW petitions. Therefore, an EB-2 petition usually takes about six to eight months for USCIS to make a decision. Most of our clients opt to file Form I-485 for the whole family at the start to speed up work permits and the ability to travel internationally.
EB-1A and EB-2 NIW in Parallel
The drawback of the EB-2 NIW is that the government takes so long to make a decision, which can delay your travel. That’s why many of our clients who have both international national travel needs and urgency choose to do both Form I-140 options in parallel. That way, they have the highest chance of having it done quickly on the EB-1A side. But if it doesn’t work out, at least they haven’t wasted any time in waiting for a decision on the EB-2 NIW.
Do I Qualify?
We offer a case evaluation option, which we will credit to your ultimate choice of EB-1A, EB-2 NIW, or both. In this scenario, we ask you to upload your documents so that our team can do a full evaluation of your credentials to assess your chances for an EB-1A or an EB-2 NIW. If you’re unsure about which route to pursue or whether you qualify, this will help you make a plan. In this process, we don’t get the letters of recommendation or write our I-140 letter. We would save that for the next phase.
It typically takes our clients at least three weeks to upload their documents. Then, within about two weeks, our team will provide you with the analysis.
We hope that helps with you determining which option is best for you. Please reach out to us below in the comments section below or by email if you would like us to help you meet your goals. We look forward to serving you!
