Recent discussions among immigration attorneys and applicants highlight concerns regarding the strategy of concurrent filing for National Interest Waiver (NIW) applications without premium processing (PP). This advice comes as the EB-2 Rest of World (ROW) category became current in March 2023, creating a brief opportunity for applicants. However, experts caution that this window may close soon, and the risks of concurrent filing without PP could lead to significant complications.
Key Details:
- EB-2 ROW category went current in March 2023, but this is expected to retrogress by summer.
- Concurrent filing without PP could result in a 20+ month wait for I-140 adjudication.
- If I-140 is denied, the I-485 application is also denied, potentially leaving applicants out of status.
- Premium processing provides faster decisions, which can mitigate risks for applicants, especially those on F-1 or J-1 visas.
Experts recommend that applicants file I-140 with PP if their cases are ready, while those with weaker cases should strengthen their applications before filing. The cost of premium processing, now $2,965, is seen as a worthwhile investment compared to the potential risks of concurrent filing without it.
This guidance is particularly critical for those on non-immigrant statuses, as a pending I-485 can complicate extensions and lead to loss of status.
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Source: r/EB2_NIW