Filing the I-140 itself does not depend on your passport validity: the immigrant worker petition for EB-2 NIW can be submitted with the document you currently have. The key concern lies in the subsequent steps of the process.
A valid passport tends to be required further along, when the case advances to stages such as interview scheduling, adjustment of status, or consular processing. At those points, a passport nearing expiration can create complications and last-minute demands.
If your document expires in a few months, it is generally prudent to arrange the renewal early, even while the I-140 is still at an initial stage. Renewing in advance avoids a rush and reduces the risk of expiration disrupting an important step.
- The I-140 can be filed with your current passport.
- Later stages typically require a valid passport.
- Renewing early prevents last-minute complications.
Since validity requirements at each stage can vary, it is worth confirming up-to-date requirements with official U.S. sources or a specialist before deciding when to renew.
Learn more about EB-2 NIW
- Category
- EB-2 NIW Green Card
- Self-petition
- Allowed (no sponsor needed)
- PERM
- Waived
- Processing
- 12-36 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.