Why EB2-NIW is not treated as a separate EB2 Category??

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EB2-NIW is a category applicable for the extraordinary professional mostly into either medicine, research/academic field. This is a self-petition category, which means the petitioner has to bear the entire cost of filing along with the lawyer fees(altogether ~$ 6,000-7000). Also in this category, this is no Premium Processing available while filing the i-140. As a result, the H4 spouse has to wait for 8-10 months before they can apply for EAD.

On the other hand, the regular Eb2 category, which mostly for IT guys and other regular professionals. Their filing fee is borne by their respective organization and also they an option to file i-140 in premium processing and get their result in 101-5 days. As a result, their spouse can apply for EAD much quicker.


So, since EB2-NIW has so stringent criteria of application, at the time of processing them, why they are generalized with the regular EB2 category and are made to wait for 9-10 years?


There should be a separate processing category for EB2-NIW since it's completely different from the regular EB2 category and if that is done, even for India, the processing time for EB2-NIW will be much faster.

I hope many are in this situation but haven't thought about it in this way.


If together we can make this a valid point, it can be brought to USCIS for discussion.

Edited by anirban80in
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