EB-2 NIW · Timeline

After you file

1. 1

   Receipt notice

   USCIS sends a receipt notice (Form I-797). Keep it: it shows your priority date, and you need a copy if you add premium processing later.^[1,2]

2. 2

   Possible interview or biometrics

   USCIS may ask you to attend an interview or give biometrics before it decides the I-140.^[3]

3. 3

   RFE, NOID, or decision

   USCIS may approve, deny, send an RFE (response time of up to 12 weeks), or send a NOID (up to 30 days). It may also deny without an RFE if required initial evidence is missing.^[4,5]

4. 4

   Approval

   An approval notice means you qualify for the classification. It does not by itself give you a green card or work authorization; the next step depends on visa availability.^[1,3]

5. 5

   Denial

   A denial notice explains the reasons and whether you can appeal. Most appeals and motions on Form I-290B are due within 30 days after the decision is served, or 33 days if it was mailed.^[6,7]

6. 6

   Keep your address current

   If you are not a U.S. citizen, report a change of address to USCIS within 10 days of moving.^[3]

Processing timeline

What usually happens, in order. Timing varies by case.

1. 1

   Prepare the evidence

   Assemble all initial evidence before filing, including Form ETA-9089 Appendix A and the signed Final Determination. You must be eligible on the filing date, and later evidence cannot cure a gap.^[4,8]

2. 2

   File Form I-140

   File by mail or online. USCIS pages have given conflicting instructions about filing Forms I-140, I-907 and I-485 together online. Check the current form instructions and the Forms Available to File Online page before choosing how to file. If a visa number is immediately available, you can file Form I-485 at the same time.^[9,10,11]

3. 3

   Receipt and priority date

   USCIS sends a receipt notice (Form I-797). For an NIW, your priority date is the date USCIS received the properly filed petition.^[1,12]

4. 4

   Review

   An officer reviews EB-2 eligibility and then the three prongs, and may approve, deny, or issue an RFE or NOID. With premium processing, USCIS acts within 45 business days once it has everything it needs.^[4,13,14]

5. 5

   Decision

   USCIS sends the decision in writing. An approval shows you qualify for EB-2 with a national interest waiver; it does not itself grant permanent residence or work authorization.^[3]

6. 6

   Green card stage

   When your priority date is current under the chart USCIS designates for that month, you file Form I-485 in the United States or apply for an immigrant visa abroad through the NVC. Until then, your priority date holds your place in line.^[1,7,15]

After an RFE

1. 1

   Check the deadline

   The notice states the deadline. An RFE allows at most 12 weeks and the officer may set less; a NOID allows at most 30 days. USCIS cannot extend either, and adds 3 days only if the notice was mailed.^[4,5,16]

2. 2

   Respond once, completely

   Send everything requested together, with the original notice. If you send only part of it, USCIS treats that as a request for a decision on the record.^[4,16]

3. 3

   Premium clock restarts

   If you paid for premium processing, a new 45-business-day period starts when USCIS receives your response.^[2,14]

4. 4

   Possible result: approval

   If the response establishes eligibility and shows that you merit a favorable exercise of discretion, USCIS may approve the petition.^[4,17]

5. 5

   Possible result: another RFE or a NOID

   If your response raises new questions, the officer may send a follow-up RFE or a NOID. Officers are told to ask for everything in one RFE where possible.^[16]

6. 6

   Possible result: denial

   If the record still does not establish eligibility, USCIS denies the petition and explains why. Evidence showing you became eligible only after the filing date cannot fix the gap.^[4,16,18]

7. 7

   If you miss the deadline

   USCIS may deny the petition as abandoned, on the record, or both. A denial for abandonment cannot be appealed, but you may file a motion to reopen.^[4]

8. 8

   After a denial

   You can generally appeal to the Administrative Appeals Office (AAO) or file a motion to reopen or reconsider on Form I-290B ($800), within 30 days after the decision is served (33 days if it was mailed).^[6,19]