EB1 and EB2 NIW Processing Times

Blog Kameli Eb2 processing time

Immigration processes in the US can be lengthy and time-consuming. Which can cause frustration for individuals with certain goals in mind. This also includes Eb1 and EB2 NIW Processing Times which can usually be unpredictable. However, the USCIS provides certain information that can help get an understanding of approximately how long the process can take and also give the option of premium processing to speed up the procedure.

How long does it take to complete & submit my case to USCIS?

The process of putting together an immigration file is not just the gathering of documents. It has different stages that take some time and involves different team members from our firm with their special expertise. Therefore, it can take approximately 1-2 months, varying from case to case.

What are the stages of Eb1 and EB2 NIW? 

For both processes (EB1 and EB2 NIW) there are 2 stages: 

  • First, filing I-140 Immigrant Petition for Alien Worker
  • Second, NVC if an I-140 petition was filed while the applicant is outside the U.S. 


  • I-485, Adjustment of Status if I-140 petition was filed while the applicant is inside the U.S.


How long does the EB2-NIW process take?

This can vary from case to case depending on many factors, including the country where the applicant is applying from and the issue of RFE from USCIS. However, The USCIS has announced premium processing for all I-140 petitions that will help speed up the results to approximately 15-45 days.


What happens after NIW approval?

After I-140 approval, if the applicant lives outside of the US, the documents get transferred to NVC, which brings them to the consulate stage and this is where it depends on the consulate. However, if the applicant is within the United States, I-485, Adjustment of Status is filed.


How long does I-140 take to approve?

It could take approximately 3 – 20 months, on standard processing time. Premium processing is available for all I-140 petitions that will give you results between 14 to 45 days.


Is the EB1 current?

Yes, the EB1 is current for all nationalities. This means there are no backlogs for different nationalities and processing times are available on the USCIS website 


Is the EB2 current? 

The EB2 is current for all nationalities except those born in India and mainland china. According to USCIS’s visa bulletin, these countries have a backlog and it could take anywhere between 5 to 10 years for a green card to be issued. 


How long does it take USCIS to respond to the expedited (premium processing) request?

Currently, the expedited process is available for all the EB1 and EB2-NIW petitions. It guarantees a response in 15 to 45 calendar days, if not, the USCIS will refund the premium processing fee.


How long does it take for immigration to schedule an interview?

After the I-140 approval, applicant documents get transferred to NVC, and it is here that the interview is scheduled based on the consulate and their timings. It can take anywhere between 3 weeks to 1 year. Please visit Global Wait Times.


Can immigration lawyers speed up the process?

Unfortunately, after the submission of the I-140 package, processing times are based entirely on the USCIS. Therefore, immigration lawyers can’t do anything to speed up the USCIS and their processing times.


Can I stay in the US after I-140 approval?

A pending or approved petition from the I-140 gives no rights to come to or stay in the United States. Please consult an attorney regarding your visa & status in the U.S.

With that being said, immigration to the USA can be complicated, therefore it’s always recommended to consult with an expert regarding any further questions, as each case can vary depending on many factors. 

Request Consultation