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Advance Parole in U.S. Immigration: A Comprehensive Guide by TRW Law Firm
For many immigrants living in the United States, the ability to travel abroad while maintaining their immigration status is a complex and often misunderstood process. One of the most crucial mechanisms that allows such travel is known as Advance Parole. At TRW Law Firm, we frequently assist clients who need to leave the country temporarily for family, work, or emergency reasons but are unsure if doing so might harm their immigration applications.
Advance Parole is a specialized travel permit that allows certain immigrants to leave and re-enter the U.S. legally without nullifying a pending immigration benefit—particularly a Green Card (adjustment of status) application. In this article, we will walk you through every aspect of Advance Parole, from its legal basis and eligibility criteria to the risks and benefits associated with it.
What Is Advance Parole?
Advance Parole is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that permits eligible non-citizens to re-enter the United States after temporarily traveling abroad.
Without Advance Parole, individuals with pending immigration applications may risk having their applications considered abandoned if they depart the U.S. Therefore, Advance Parole serves as a critical bridge for maintaining lawful presence during international travel.
It’s important to note that:
🟩 Advance Parole is not a visa. 🟩 It does not guarantee re-entry into the U.S.—final admission is determined by a Customs and Border Protection (CBP) officer. 🟩 It must be obtained before leaving the United States.
Who Needs Advance Parole?
Advance Parole is generally required for individuals with pending immigration applications who plan to travel outside the United States. Below are common categories of people who need Advance Parole:
🟩 Adjustment of Status Applicants (Green Card Applicants)
If you’ve submitted Form I-485, Application to Register Permanent Residence or Adjust Status, and your application is still pending, you must apply for Advance Parole if you wish to travel internationally. Without it, your application may be automatically denied for abandonment.
🟩 DACA Recipients
Recipients under the Deferred Action for Childhood Arrivals (DACA) program can apply for Advance Parole only in specific scenarios, such as:
Educational purposes (e.g., study abroad)
Employment (e.g., overseas work conferences)
Humanitarian reasons (e.g., visiting a sick relative)
🟩 TPS Holders (Temporary Protected Status)
Individuals with TPS may apply for Advance Parole to temporarily leave the U.S. and re-enter. This is especially crucial in emergency or humanitarian situations.
🟩 Asylum Applicants
Those with pending asylum applications can also apply for Advance Parole. However, they should not travel to their country of feared persecution, as this may be interpreted as an abandonment of their asylum claim.
Who May Not Need Advance Parole?
Certain individuals may travel and re-enter the U.S. using their existing visa status, without needing Advance Parole. These include:
🟩 H-1B or L-1 Visa Holders
People in H-1B (specialty occupation) or L-1 (intra-company transferee) status who maintain valid visas can leave and return without Advance Parole—even if they have a pending Green Card application.
🟩 K-3/K-4 and V Visa Holders
Spouses and dependents of U.S. citizens or lawful permanent residents under these specific visa categories can often re-enter without requiring Advance Parole, provided they have valid visas.
Who Is Not Eligible for Advance Parole?
Not everyone qualifies for Advance Parole. You may be ineligible if:
🟥 You are in the U.S. illegally or out of status 🟥 You have a final order of removal 🟥 You are in ongoing deportation/removal proceedings 🟥 You hold a J-1 visa and are subject to the two-year foreign residency requirement 🟥 You’ve departed the U.S. without first obtaining the Advance Parole document
Ineligible individuals who attempt to apply may not only be denied but could jeopardize any pending or future immigration benefit.
Types of Advance Parole
There are generally two main types of Advance Parole issued by USCIS:
1. Regular Advance Parole
Issued to adjustment of status applicants, TPS holders, and others. The travel document typically allows multiple entries for the duration of its validity.
2. Emergency Advance Parole
For situations requiring immediate international travel (e.g., family death or life-threatening illness), USCIS may expedite the processing. Applicants can request this by visiting a USCIS field office and providing appropriate evidence.
Application Process for Advance Parole
The process for applying for Advance Parole is relatively straightforward but requires careful attention to detail. Here are the steps involved:
🟩 Step 1: Complete Form I-131
You must file Form I-131, Application for Travel Document. This form collects personal data, travel intent, and evidence of eligibility.
🟩 Step 2: Prepare Supporting Documentation
The following documents must be submitted with Form I-131:
Copy of a government-issued ID (e.g., passport, driver’s license)
Two passport-sized photos
USCIS receipt notice of pending Form I-485 or DACA approval
A written explanation of the reason for travel
Supporting evidence (e.g., medical records, school letters, conference invitations)
🟩 Step 3: Pay Filing Fee
As of 2025, the standard filing fee is \$575. Some applicants (e.g., those who filed Form I-485 using Form I-765) may not need to pay an additional fee.
🟩 Step 4: Submit to USCIS
Applications must be submitted to the appropriate USCIS lockbox facility based on your residence and the category you fall under.
🟩 Step 5: Wait for Processing
Processing typically takes between 3 to 5 months under normal circumstances. Emergency requests may be processed within days.
Risks of Traveling on Advance Parole
Advance Parole provides flexibility, but it also comes with risks. Applicants should fully understand these before deciding to leave the country:
🟥 1. No Guarantee of Re-entry
Even with Advance Parole, you are subject to inspection by CBP officers upon arrival. They have the discretion to deny your entry if they find issues in your immigration history or background.
🟥 2. Abandonment of Applications
Leaving the U.S. without Advance Parole while your adjustment of status or asylum application is pending may be interpreted as voluntary abandonment.
🟥 3. Immigration Bars
If you have previously overstayed your visa or been unlawfully present for more than 180 days, traveling out of the country—even with Advance Parole—could trigger three- or ten-year re-entry bars.
🟥 4. Delays at the Border
Additional screening at the airport or land border may result in long wait times and possible detainment, particularly if your case includes red flags.
Benefits of Using Advance Parole
Despite the risks, Advance Parole is a valuable legal safeguard for immigrants with pending cases:
🟩 1. Protection of Immigration Status
Advance Parole preserves your pending immigration application—whether it’s a Green Card, asylum, or DACA—by notifying USCIS of your planned return.
🟩 2. Travel for Family Emergencies
It enables individuals to visit critically ill family members or attend funerals abroad without risking their legal status.
🟩 3. Educational or Employment Opportunities
Students or employees may need to travel for academic conferences or work-related assignments. Advance Parole makes such travel possible without legal consequences.
🟩 4. Potential Immigration Strategy
For DACA recipients, a return to the U.S. with Advance Parole after traveling abroad may count as a “lawful entry,” potentially enabling them to adjust status in the future.
Tips for a Successful Advance Parole Application
To enhance the chances of approval and safe return, applicants should consider the following tips:
🟩 Apply well in advance of the intended travel date 🟩 Keep a copy of the Advance Parole document with you at all times during travel 🟩 Don’t plan non-refundable travel until you receive approval 🟩 Avoid traveling to countries where you could face danger or legal complications 🟩 Consult a qualified immigration attorney before traveling
Frequently Asked Questions (FAQs)
❓Can I travel while my Advance Parole application is pending?
No. If you leave the U.S. before your Advance Parole is approved, it will be considered abandoned and automatically denied.
❓How long is Advance Parole valid?
Typically, Advance Parole is valid for one year and allows multiple entries, depending on the type of document issued.
❓Can I work with Advance Parole?
No. Advance Parole does not grant employment authorization. You need an approved Form I-765 (EAD) for that.
❓Can I renew Advance Parole?
Yes. You can apply for renewal if your Green Card or other immigration application is still pending. It’s advisable to reapply 120 days before expiration.
How TRW Law Firm Can Help
Advance Parole is an essential immigration tool, but it requires careful legal navigation. At TRW Law Firm, our immigration attorneys provide:
🟩 Personalized review of eligibility 🟩 Strategic preparation of Form I-131 and supporting documentation 🟩 Emergency filing assistance 🟩 Legal counsel during re-entry to the U.S. 🟩 Comprehensive Green Card and status adjustment services
Whether you’re a DACA recipient, asylum applicant, or waiting for your Green Card, TRW Law Firm offers end-to-end support to ensure you remain legally protected while traveling.
Conclusion
Advance Parole is more than just a travel permit—it is a legal safeguard for immigrants navigating the U.S. system. With proper planning and legal support, it can open doors to family reunions, international opportunities, and status stability.
At TRW Law Firm, we’ve helped hundreds of clients safely travel and return to the U.S. while preserving their immigration goals. If you are considering international travel and unsure about how it could impact your legal status, contact us today.
L-1 Visa Guide for Bangladeshi Professionals and Companies
In today’s global economy, U.S. immigration options like the L-1 visa play a pivotal role for multinational companies and their key employees. At TRW Law Firm, we regularly assist Bangladeshi businesses and professionals in navigating the complex U.S. immigration landscape. Among the most common queries we receive is whether the L-1 visa is lottery-based, how it compares to the H-1B visa, and what specific benefits it offers.
This article consolidates essential information to help Bangladeshi companies, executives, and skilled professionals understand and make strategic use of the L-1 intracompany transfer visa.
🟩 Is the L-1 Visa Lottery-Based?
No, the L-1 visa is not lottery-based.
Unlike the H-1B visa, which operates under an annual cap of 85,000 visas and a highly competitive lottery system, the L-1 visa has no such numerical limit. This means:
🟩 If an applicant meets the eligibility criteria 🟩 The employer demonstrates a qualifying relationship 🟩 All required documentation is provided
→ Then the L-1 visa can be approved without needing to win a lottery.
✅ What This Means for Bangladeshi Companies:
You can strategically plan for staff relocation without uncertainty.
You avoid the seasonal constraints of the H-1B lottery cycle (which usually opens in April).
You can establish new offices in the U.S. and transfer key personnel immediately.
TRW Law Firm assists clients in properly structuring their L-1 visa petitions to meet all eligibility criteria from the outset—minimizing delays and increasing approval rates.
🟩 Is the L-1 Visa Better Than the H-1B Visa?
This question does not have a one-size-fits-all answer. The right visa depends on the specific profile of the applicant, the employer’s structure, and the nature of the intended role in the United States.
Here’s a comparative look:
Feature
L-1 Visa
H-1B Visa
Basis
Intracompany transfer
Employment in specialty occupation
Employer Type
Multinational only
Any U.S. employer
Prior Experience
1 year with foreign company
Not required
Visa Cap
No cap
Capped (85,000 annually)
Lottery
No
Yes
Green Card Path
Easier for L-1A (via EB-1C)
Requires PERM (labor certification)
Spouse Work Rights
L-2 spouses can work
H-4 spouses may face restrictions
Job Flexibility
Must stay with sponsoring company
Can change employers with new petition
🔍 When L-1 Might Be Better:
You work for a multinational company with a U.S. office or are planning to open one.
You are in a managerial or executive role, or have specialized knowledge.
You want to avoid the uncertainty of the H-1B lottery.
Your spouse wants to work in the U.S.
🔍 When H-1B Might Be Better:
You are an independent professional with no prior affiliation with a multinational.
You want more job mobility in the U.S. market.
Your employer is a U.S.-based company with no foreign presence.
At TRW Law Firm, we help Bangladeshi professionals choose the right path between L-1 and H-1B based on long-term immigration goals, family considerations, and career ambitions.
🟩 What Are the Benefits of the L-1 Visa?
The L-1 visa offers a wide range of benefits for both employers and employees, especially those in Bangladesh’s growing corporate sector looking to enter or expand in the United States.
🟩 Key Benefits for Applicants:
🟢 No Lottery or Cap Applicants are not subject to the unpredictability of a visa lottery. If you qualify, you get approved.
🟢 Work Authorization for Spouses L-2 spouses can apply for work authorization (EAD), allowing them to work without any industry or location restrictions.
🟢 Path to Green Card L-1A visa holders (executives/managers) can apply for permanent residency via the EB-1C category, which does not require labor certification (PERM)—a time-consuming step in the H-1B route.
🟢 Quicker Processing With premium processing, L-1 petitions can be adjudicated in as little as 15 calendar days.
🟩 Key Benefits for Employers:
🟢 Seamless Internal Mobility Easily relocate key employees from Bangladesh to the U.S. without waiting for H-1B lottery windows.
🟢 Start New U.S. Offices If your company is launching a new subsidiary or branch in the U.S., the L-1 visa allows you to send founding personnel to set up operations.
🟢 Multiple Roles Supported Whether it’s executives, managers, or specialists, the L-1 visa has variants (L-1A and L-1B) that cater to different operational needs.
🟢 Business Continuity Transfer trusted personnel to U.S. operations who are already familiar with the company’s structure and values—minimizing onboarding costs.
🟩 How Long Can You Stay in the U.S. on an L-1 Visa?
The duration of stay under an L-1 visa depends on the type of visa issued and whether the applicant is working in a new U.S. office or an existing one.
🟢 Initial Stay:
New Office: 1 year (L-1A or L-1B)
Established Office: 3 years
🟢 Maximum Stay Allowed:
L-1A (Managers & Executives): Up to 7 years
L-1B (Specialized Knowledge Employees): Up to 5 years
Extensions are typically granted in two-year increments, provided the individual continues to meet eligibility requirements and the company maintains its qualifying relationship.
🟩 Why Choose TRW Law Firm for Your L-1 Visa Application?
Whether you’re a C-suite executive in Dhaka, a mid-level manager in Chattogram, or a growing startup owner looking to expand into the U.S., TRW Law Firm offers tailored legal strategies to maximize your success.
✅ What We Offer:
Full evaluation of L-1 or H-1B suitability
Structuring new U.S. entities for L-1 new office compliance
Drafting and filing comprehensive USCIS petitions
Preparing employer support letters, business plans, and organizational charts
Handling premium processing filings and extension documentation
Guiding you through Green Card transition (EB-1C)
We pride ourselves in being Bangladesh’s most forward-thinking, efficient, and globally-connected immigration law firm.
🟩 Final Thoughts
The L-1 visa offers a lottery-free, cap-exempt, and business-friendly pathway for Bangladeshi professionals and companies seeking to grow their footprint in the U.S. With the added benefit of dependent spouse work rights, Green Card eligibility, and flexibility for various corporate roles, the L-1 visa stands as a robust and attractive option.
TRW Law Firm is committed to making global mobility possible for Bangladeshi talents and corporations. If you’re ready to build your future in the United States, we’re ready to guide you every step of the way.
🟩 Contact TRW Law Firm Today
Let our immigration team handle the complexities—so you can focus on your business, your family, and your future.
Understanding the Difference Between H-1B and L-1 Visas from Bangladesh: A TRW Law Firm Guide
In the globalized world of employment and talent migration, U.S. visa categories such as the H-1B and L-1 visas are among the most commonly sought options by professionals and companies in Bangladesh. At TRW Law Firm, we frequently advise corporations, executives, and skilled professionals navigating U.S. immigration procedures on the nuances of each visa type. Despite appearing similar at first glance—both allowing foreign nationals to work in the United States—the H-1B and L-1 visas serve distinct purposes and have key differences in eligibility, requirements, and flexibility.
In this article, we present a comprehensive guide tailored for Bangladeshi applicants and employers, outlining the core differences between the H-1B and L-1 visas, their respective requirements, benefits, and strategic use cases.
🟩 Overview of the H-1B and L-1 Visas
Feature
H-1B Visa
L-1 Visa
Purpose
Employing foreign professionals in specialty occupations
Transferring foreign employees to a U.S. office of the same company
Employer Sponsorship
Required from a U.S.-based company
Required from a multinational company with offices in both the U.S. and abroad
Employee Requirements
Bachelor’s degree or higher in a specialized field
At least 1 year of work with foreign company in the last 3 years
Work Flexibility
Can change employers with new petition
Restricted to the sponsoring employer
Initial Duration
Up to 3 years
Up to 3 years (L-1A) or 1 year (new office), extendable
Maximum Stay
6 years
7 years (L-1A) or 5 years (L-1B)
Cap/Quota
Subject to annual quota (85,000)
No cap
Path to Green Card
Available
Available and often easier for L-1A
Dependents
H-4 visa, limited work rights
L-2 visa, eligible for work authorization
🟩 What is the H-1B Visa?
The H-1B visa is designed for foreign professionals working in specialty occupations, including but not limited to IT, finance, engineering, architecture, and healthcare. A U.S. employer must sponsor the applicant by filing a petition with the U.S. Citizenship and Immigration Services (USCIS).
✅ Key Requirements:
The position must require at least a bachelor’s degree or equivalent.
The applicant must possess the required educational qualifications.
The employer must pay the prevailing wage for the position in the geographic area.
The role must align with a specialty occupation as defined by USCIS.
🔄 Job Flexibility:
H-1B visa holders can change employers by having a new employer file a petition on their behalf—a process known as H-1B portability.
🧮 Cap Restrictions:
65,000 regular cap + 20,000 cap for U.S. master’s degree holders
Petitions usually open in April with a start date in October
Lottery system due to high demand
⏳ Duration:
Initial stay: 3 years
Extensions: Up to a maximum of 6 years
H-1B holders can pursue a Green Card while on H-1B (dual intent allowed)
🟩 What is the L-1 Visa?
The L-1 visa enables multinational companies to transfer employees from their foreign offices to a related U.S. office. It is ideal for companies establishing U.S. operations or expanding their global workforce.
There are two main types:
L-1A: For executives and managers
L-1B: For employees with specialized knowledge
✅ Key Requirements:
Applicant must have worked at least one year (within the last 3 years) for the foreign company.
There must be a qualifying relationship between the U.S. and foreign entities (parent, subsidiary, affiliate).
The applicant must be transferred to a similar or related role.
🚫 Limited Flexibility:
L-1 visa holders cannot switch employers. The visa is tied to the sponsoring employer and role.
⏳ Duration:
L-1A: Initial stay of 1 or 3 years, extendable up to 7 years
L-1B: Initial stay of 1 or 3 years, extendable up to 5 years
New office L-1A: Limited to 1 year initially
🌱 Green Card Pathway:
L-1A visa holders enjoy a smoother transition to a Green Card via the EB-1C category, which does not require a PERM labor certification.
🟩 Key Differences Between H-1B and L-1 Visas for Bangladeshi Professionals
🔹 Sponsorship Source:
H-1B: A U.S. company sponsors the worker directly for a job in the U.S.
L-1: A Bangladeshi company with a U.S. presence can transfer the employee internally.
🔹 Quota System:
H-1B visas are subject to an annual numerical cap and require participation in a lottery system.
L-1 visas are not capped, making them more predictable and accessible for qualifying firms.
🔹 Job Mobility:
H-1B allows changing employers (with new petition).
L-1 does not allow job changes outside the parent/affiliate structure.
🔹 Time with Employer:
H-1B applicants need no prior relationship with the employer.
L-1 applicants must have at least 1 year of prior employment with the foreign entity.
🔹 Dual Intent and Green Card Path:
Both allow dual intent (you can apply for a Green Card).
L-1A often leads to a faster EB-1C Green Card path.
🟩 Strategic Considerations for Bangladeshi Companies and Professionals
For Bangladeshi Professionals:
H-1B may be suitable if you’re a skilled worker with a job offer from a U.S. company and wish to have employer mobility.
L-1 is ideal if you’re currently working for a multinational with a U.S. office and are being internally transferred.
For Bangladeshi Businesses:
Use the L-1 visa to establish or expand operations in the U.S. by sending senior staff or specialists.
Utilize L-1A to bring in executives to build or scale U.S. teams, while offering them a path to permanent residency.
🟩 Common Scenarios from Bangladesh
🔸 H-1B Example:
A Bangladeshi software engineer gets a job offer from a tech company in California. The employer files an H-1B petition during the lottery season. Upon selection and approval, the engineer relocates to the U.S. under H-1B status and can later switch to another employer if desired.
🔸 L-1 Example:
A senior finance manager at a Dhaka-based multinational is selected to head operations in the New York office. After completing one year in the Dhaka office, the company files an L-1A visa petition, and the manager is relocated to oversee the U.S. division.
🟩 Compliance and Documentation
H-1B Visa:
Labor Condition Application (LCA) from U.S. Department of Labor
Proof of qualifying relationship between companies
Employee’s work history, organization charts, and business plans for new offices
🟩 How TRW Law Firm Can Help
At TRW Law Firm, we offer holistic support for individuals and companies in Bangladesh navigating the U.S. immigration landscape. Whether you’re an IT professional exploring the H-1B route or a company planning to expand to the United States via the L-1 visa, our expert attorneys provide:
🟩 End-to-end visa filing and documentation 🟩 Strategic advice on choosing the right visa path 🟩 Business structuring for L-1 new office eligibility 🟩 Immigration compliance and Green Card planning 🟩 Interview and consulate preparation
We understand the challenges Bangladeshi clients face when entering the U.S. employment market and ensure a personalized, strategic approach for every visa journey.
🟩 Conclusion
Both the H-1B and L-1 visas serve as valuable tools for professionals and businesses in Bangladesh aiming to establish a foothold in the United States. The key lies in understanding their differences and aligning your immigration strategy with your career goals or corporate objectives. While the H-1B offers flexibility and broader job market access, the L-1 provides a streamlined path for internal transfers and long-term residency.
Let TRW Law Firm be your trusted partner in choosing the right path forward.
🟩 Contact TRW Law Firm
For tailored visa solutions and U.S. immigration guidance, contact us today.
EB-1A Visa Process: A Complete Guide for Applicants from Bangladesh (2025)
Presented by TRW Law Firm
What is the EB-1A Visa?
The EB-1A visa is a prestigious, employment-based U.S. immigrant visa designed for individuals with extraordinary ability in their field. Whether you are a scientist, artist, business leader, educator, or athlete, this visa allows you to live and work in the United States without requiring a job offer or labor certification. Applicants can self-petition, making the EB-1A visa one of the fastest and most flexible paths to a U.S. green card.
For top-tier Bangladeshi professionals, academics, and entrepreneurs aiming for permanent residency in the U.S., the EB-1A provides a powerful legal route—when properly prepared and strategically presented.
EB-1 Visa Categories at a Glance
There are three subcategories under the EB-1 employment-based visa:
EB-1A: Individuals of extraordinary ability in science, arts, education, business, or athletics
EB-1B: Outstanding professors or researchers
EB-1C: Multinational executives or managers
This guide focuses specifically on the EB-1A visa, ideal for self-motivated Bangladeshi applicants who have achieved significant national or international acclaim in their domain.
EB-1A Eligibility Criteria
To qualify for an EB-1A visa, you must demonstrate extraordinary ability, meaning you are among the top percentage of professionals in your field. You do this by meeting at least 3 out of 10 specific evidentiary criteria provided by the U.S. Citizenship and Immigration Services (USCIS).
You may qualify if you have evidence of:
National or international awards for excellence
Membership in associations requiring outstanding achievements
Published material about you in major media or professional journals
Participation as a judge of others in your field
Original contributions of major significance
Authorship of scholarly articles
Display of your work in exhibitions or showcases
Leading or critical role in prestigious organizations
High remuneration compared to others in your field
Commercial success in the performing arts
In 2024, USCIS updated its guidance to include team awards and former memberships as acceptable evidence.
Can I Apply Without a Job Offer?
Yes. Unlike EB-1B or EB-1C, the EB-1A visa does not require a job offer, labor certification (PERM), or employer sponsorship. This makes it ideal for entrepreneurs, consultants, researchers, and independent professionals from Bangladesh who want more control over their U.S. immigration path.
EB-1A Filing Costs for 2025
Form
Fee (USD)
Required For
Form I-140
$715
Immigrant Petition
Form I-485 (if inside the U.S.)
$1,440
Adjustment of Status
Biometrics Fee (if required)
$85
USCIS processing
DS-260 (if applying abroad)
$345
Consular processing
Form I-864 (if needed)
$120
Affidavit of Support
Medical exams and translations are additional and vary by location.
EB-1A Processing Times
Step
Timeline (Average)
Form I-140 (USCIS)
7.6 months
Premium Processing Option
15 calendar days
Adjustment of Status (I-485)
6.9 months
Consular Processing
4 to 6 months
Step-by-Step Application Process
File Form I-140: Submit your immigrant petition with supporting documentation
Receive USCIS Notice: USCIS will confirm acceptance and later issue a decision
Adjustment or Consular Processing:
If in the U.S., file Form I-485 to adjust status
If abroad, file Form DS-260 through the U.S. consulate
Biometrics & Medicals: Attend fingerprinting and undergo a USCIS-approved medical exam
Interview: Attend a consular interview or USCIS interview (if required)
Receive Visa/Green Card: Once approved, you are a U.S. permanent resident
Types of Supporting Documents for EB-1A Applicants from Bangladesh
To build a strong case, submit high-quality documentation showing consistent recognition and impact. Examples include:
National awards from Bangladeshi or international organizations (e.g., BASIS awards, National ICT Awards)
Feature articles in leading news media (e.g., The Daily Star, Prothom Alo, Dhaka Tribune)
Proof of speaking engagements at global conferences
Letters of support from credible experts outside your employer
Copies of books, academic publications, citations (Google Scholar index)
Salaries that exceed the industry norm in Bangladesh
TRW Law Firm will help curate, structure, and legally contextualize your documentation to USCIS standards.
What Happens After Approval?
You will become a U.S. green card holder
You can live, work, and travel freely in the United States
After five years, you may become eligible for U.S. citizenship
Your spouse and children under 21 may also apply for green cards as dependents
Frequently Asked Questions (FAQs)
Q: Can I apply for EB-1A from Bangladesh? Yes. Bangladeshi citizens can self-petition and apply through the U.S. Embassy in Dhaka.
Q: Can I include my family in my application? Yes. Your spouse and unmarried children under 21 can be included as derivative beneficiaries.
Q: Can I change employers after receiving my EB-1A green card? Yes. Since EB-1A is not tied to a job offer, you’re free to change employers after permanent residency is granted.
Q: Can I work while my application is pending? If you filed Form I-485, you can file for a work authorization (EAD) and Advance Parole to travel.
Q: Can I apply for EB-1A while on a student visa or B1/B2? Yes, but you must ensure dual intent is not violated, particularly if adjusting from a non-immigrant visa.
Common Mistakes to Avoid
Submitting insufficient documentation for each claimed criterion
Using letters of support that lack specificity or credibility
Failing to demonstrate sustained acclaim rather than isolated achievement
Not presenting the information in a legal framework USCIS adjudicators expect
Why Choose TRW Law Firm for Your EB-1A Petition?
Navigating the EB-1A visa requires strategic planning, precise documentation, and legal finesse. At TRW Law Firm, our immigration specialists:
Assess your eligibility thoroughly
Develop a tailored EB-1A strategy aligned with your profile
Draft persuasive support letters and organize evidence to USCIS expectations
Offer transparent, fixed-fee services
Assist with post-approval green card filings for your family
Whether you’re a Bangladeshi innovator, professor, founder, or researcher—we guide you to U.S. permanent residency with clarity and confidence.
Contact TRW Law Firm
TRW Law Firm — U.S. Immigration Experts in Bangladesh
Dhaka Office: House 410, Road 29, Mohakhali DOHS Dubai Office: Rolex Building, L-12, Sheikh Zayed Road London Office: 330 High Holborn, City of London
EB-2 NIW Visa in Bangladesh: A Comprehensive 2025 Guide by TRW Law Firm
Understanding the EB-2 National Interest Waiver (NIW) Visa
The EB-2 NIW visa is a unique opportunity within the U.S. employment-based immigration system. It is designed for individuals who hold either an advanced academic degree or demonstrate exceptional ability in their field, and whose work benefits the national interest of the United States. Unlike traditional employment-based green card categories, the NIW waives the requirement for a job offer or labor certification, allowing applicants to self-petition.
This guide, provided by TRW Law Firm, walks you through every critical aspect of the EB-2 NIW—from eligibility and documentation to costs and processing timelines—based on the most current 2025 requirements.
What Is the EB-2 NIW Visa?
The EB-2 NIW (National Interest Waiver) is part of the second preference (EB-2) employment-based visa category. It allows eligible individuals to apply for permanent residency without needing employer sponsorship or a Department of Labor PERM certification. The waiver is granted when the applicant can demonstrate that their work has substantial merit, national importance, and that bypassing the usual requirements benefits the United States.
To begin the process, applicants must file Form I-140, the Immigrant Petition for Alien Worker. Under the NIW provision, this form may be self-filed.
Cost of Filing an EB-2 NIW Petition
Current estimated costs for 2025 are as follows:
Form I-140 Filing Fee: $715
Adjustment of Status (I-485): $1,440 (for applicants inside the U.S.)
Medical Examination Fee: Ranges from $200–$400
Consular Processing Fee (if abroad): $345
Additional costs may arise depending on translations, credential evaluations, or legal assistance. TRW Law Firm provides transparent fee structures to help you plan accordingly.
Timeline to Obtain an EB-2 NIW Green Card
The total timeline depends on multiple variables including USCIS workload, applicant’s location, and visa availability.
Form I-140 Processing: 10.5 to 26.5 months
Adjustment of Status (if in the U.S.): Up to 24 months
Consular Processing (if abroad): 4 to 6 months
Concurrent filing of Form I-140 and Form I-485 may be possible when visa numbers are available, potentially reducing overall processing time.
Eligibility Requirements for EB-2 NIW
To qualify for the EB-2 NIW, applicants must:
1. Hold an advanced degree (or equivalent) or demonstrate exceptional ability
Advanced Degree: Minimum of a master’s degree or a bachelor’s degree with five years of progressive experience
Exceptional Ability: A level of expertise significantly above that typically encountered in the sciences, arts, or business
2. Meet the Three NIW Criteria:
Substantial Merit and National Importance: The proposed work must positively impact areas such as technology, healthcare, education, or the economy
Well-Positioned to Succeed: The applicant must demonstrate the qualifications, experience, and plan to carry out the endeavor successfully
Waiver Benefits the U.S.: It must be more beneficial to waive the job offer and labor certification requirements than to enforce them
What Qualifies as “Substantial Merit and National Importance”?
The endeavor should:
Contribute to U.S. national priorities (e.g., STEM research, clean energy, public health)
Impact local, regional, or national areas
Support underserved populations or economically distressed regions
Importantly, the applicant doesn’t have to prove guaranteed success—only that the proposed work is credible and impactful.
Proving Eligibility: Documentation and Evidence
Applicants should submit a well-organized portfolio to support their petition.
For National Interest Waiver:
A detailed business or research plan
Media coverage, publications, or awards
Letters of recommendation from field experts
Evidence of impactful work or research
Proof of stakeholder interest (e.g., customer base, investments, partnerships)
For Advanced Degree:
Diplomas and transcripts
If holding a bachelor’s degree, letters from employers verifying five years of progressive post-baccalaureate work experience
Credential evaluations to confirm U.S. equivalence
For Exceptional Ability (At least 3 of the following):
Academic records (degree or certificate)
Professional licenses or certifications
Letters documenting 10+ years of experience
Salary or remuneration indicative of high-level expertise
Membership in professional organizations
Recognition from peers or government bodies
Note: Stronger cases may include more than three pieces of evidence. TRW Law Firm provides comprehensive evaluations to help you build a persuasive petition.
Building a Compelling NIW Narrative
TRW Law Firm recommends structuring your petition around the three core NIW requirements:
Highlighting the national importance of your work
Demonstrating your qualifications and record of success
Justifying the waiver of the labor certification process
Example Strategies:
A public health professional proving their work reduces disease in underserved areas
An environmental engineer contributing to climate-resilient infrastructure
A startup founder developing technology with nationwide adoption potential
Additional Documents for Entrepreneurs
Entrepreneurs or startup founders may include:
Proof of startup funding
Letters of interest or signed contracts
Investor support
Business licenses and registrations
Market studies or sales figures
Legal Evolution: From NYSDOT to Dhanasar
USCIS uses the Matter of Dhanasar (2016) precedent to evaluate NIW petitions. This decision replaced the outdated and often criticized NYSDOT framework from 1998. Dhanasar’s criteria emphasize flexibility, innovation, and practical application over rigid, geographically limited interpretations of national interest.
EB-2 NIW vs. Other Visa Options
Visa Type
Requires Job Offer
Requires PERM Certification
Self-Petition Allowed
Priority Timeline
EB-2 (Standard)
Yes
Yes
No
Medium
EB-2 NIW
No
No
Yes
Medium
EB-1A (Extraordinary Ability)
No
No
Yes
Faster
EB-5 (Investor)
No
No
Yes (with investment)
Medium
Frequently Asked Questions (FAQs)
Q1: How long does it take to prepare an NIW petition? A: Typically, 4–12 weeks depending on whether the applicant qualifies under advanced degree or exceptional ability. Exceptional ability cases take longer due to documentation complexity.
Q2: Do I need to meet both the advanced degree and exceptional ability requirements? A: No. You need to meet either one of these requirements in addition to the three NIW criteria.
Q3: What is PERM, and why is it waived? A: PERM is a labor market test ensuring no qualified U.S. workers are displaced. NIW allows bypassing this requirement for individuals whose work benefits the U.S.
Q4: Can I travel while my EB-2 NIW is pending? A: Travel outside the U.S. may risk abandonment of your application unless proper travel authorization (Advance Parole) is obtained.
Q5: Can I reuse recommendation letters from other visa categories? A: Not recommended. USCIS favors field-specific expert letters tailored to the NIW petition.
Why Choose TRW Law Firm for Your EB-2 NIW Application?
TRW Law Firm provides end-to-end support for individuals pursuing permanent residency through the EB-2 NIW pathway. Our legal services include:
In-depth eligibility assessment
Customized strategy for advanced degree or exceptional ability
Drafting and compiling of persuasive support letters and documentation
Filing Form I-140 with USCIS
Guidance through I-485 adjustment or consular processing
Response to RFEs (Requests for Evidence)
With TRW’s expert immigration team, your green card application is in safe hands.
Contact TRW Law Firm Today
TRW Law Firm — Global Leaders in Employment-Based Immigration
Dhaka: House 410, Road 29, Mohakhali DOHS Dubai: Rolex Building, L-12, Sheikh Zayed Road London: 330 High Holborn, City of London
