Given the long green card backlogs for Indian nationals, many hesitate to pursue options like the National Interest Waiver (NIW). But filing an NIW-based I-140 can be a game-changing move. Here’s why:
1. No Employer Needed — Self-Petition Option
NIW allows you to file without an employer sponsor, which is a huge benefit if you want to change jobs, work independently, or avoid restrictive H-1B conditions.
2. Skip the PERM Labor Certification
Unlike standard EB-2 or EB-3 cases, NIW bypasses the labor certification (PERM) process. This saves time, legal complexity, and removes the need to prove that no qualified U.S. workers are available.
3. Lock in a Priority Date
Filing an I-140 under NIW secures your priority date, which is essential for long-term planning. Even if you later qualify for EB-1 or employer-sponsored EB-2, you can retain this earlier date for faster processing.
4 H-1B and H-4 EAD Extensions
Once your I-140 is approved, you become eligible for H-1B extensions beyond the 6-year limit, and your spouse may qualify for or extend their H-4 EAD. This is a vital benefit for many Indian families navigating lengthy waits.
5. Work and Travel Flexibility
When your priority date becomes current, filing the I-485 Adjustment of Status gives you Employment Authorization (EAD) and Advance Parole (AP), allowing you and your spouse to work freely and travel while your green card is pending.
6. Ideal for Entrepreneurs, Researchers, and Innovators
If you’re contributing to critical areas like technology, health care, research, sustainability, or national security, the NIW is a perfect fit. It’s especially useful for start-up founders, academics, and independent professionals.
7. Future-Proof Your Immigration Journey
Immigration policies have evolved. Having an approved NIW petition means you’re better positioned to take advantage of future reforms, such as visa recapture, exemption categories, or merit-based adjustments.
How Shah Peerally Law Group Can Help
The Shah Peerally Law Group is nationally recognized for its work with professionals, researchers, and entrepreneurs — especially from India — navigating complex immigration paths. We offer:
- Expert NIW case evaluations tailored to your background
- Strong, well-documented petition preparation
- Guidance on H-1B extensions, H-4 EADs, and EB-1 transitions
- Decades of experience handling successful I-140 filings
📞 Contact Us Today:
- Phone: +1 (510) 742-5887
- Email: [email protected]
- Website: www.peerallylaw.com
Let our experienced legal team help you secure your future in the U.S. — faster and with more flexibility.
