My country has a large backlog. Does this delay my EB-2 NIW?

The process to obtain the EB‑2 NIW involves several steps and, depending on your situation, there may be some delays. However, it is important to understand that the backlog related to your country generally affects more the final visa issuance or adjustment of status, rather than the initial review of your petition (Form I‑140).

The EB‑2 NIW, or National Interest Waiver, allows qualified professionals to request a waiver of the job offer and labor certification requirements if they can demonstrate that their work provides significant benefits to the United States. This makes this tool especially valuable for professionals with important achievements.

When the country of origin has a high backlog, it means that due to high demand and annual visa limits, the scheduling of the final stage of the process – whether adjustment of status in the US or visa processing at a consulate – may take longer. It is worth remembering that the waiting period caused by the backlog does not automatically affect the approval of the I‑140, but rather the obtaining of the final visa.

In other words, even if your petition is approved, you might have to wait until a visa number becomes available to proceed with your application. Each case is unique, as processing times may vary according to demand and changes in immigration policies, as published monthly in the Visa Bulletin by the US Department of State.

It is crucial to strictly follow United States immigration laws and always consult official sources. If you wish, contact experienced and specialized professionals in the field, but be cautious of guaranteed results or approaches that may be scams or misleading marketing campaigns. Patience and accurate information are essential allies in this process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.