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Is the EB2
Visa Backlog also Applies for NIW Petition Cases? |
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Is the EB2
Visa Backlog also Applies for NIW Petition Cases? |
| Hi
William, I plan to file National Interest Waiver petition by using your NIW DIY package. Is the EB2 visa backlog also applies for NIW petition cases? Answer, The National Interest Waiver petition is within the EB2 preference category, and is subject to the same backlogs as other EB2 labor certification cases, even though they may enjoy the benefit of not having to get a labor certification or require employer sponsorship. Nationals from some countries such as India and China, who are applying in the EB2 preference category, are currently subject to a substantial backlog in visa number availability, sometimes referred to as the priority date retrogression. Especially, the backlog in visa numbers for Indian nationals is measured in years. People from China are also subject to a visa backlog, but the wait time for these individuals is presently shorter. The lack of visa numbers is due to U.S. limits on the numbers of individuals who can immigrate permanently to the United States each year. This is controlled by the issuance of constrained immigrant visa numbers and compounded by per-country limits. The first stage in an NIW case is the filing of the I-140 Petition with the USCIS. To reach the second and final stage of the green card process, which is either an adjustment of status or a consular processing for an immigrant visa, there must be a visa number available in the particular category and for the country of chargeability. |
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