Why EB-2 NIW Concurrent Filing Germany Is Impossible

EB-2 NIW concurrent filing Germany is not possible under current USCIS regulations. The reason is straightforward. Concurrent filing requires US physical presence.

Concurrent filing means submitting Form I-140 and Form I-485 simultaneously. This strategy allows you to adjust status to permanent resident while your I-140 petition is still pending rather than waiting for I-140 approval first.

The benefit is time savings. Instead of waiting 6 to 18 months for I-140 approval before filing I-485, you file both together. Your total timeline decreases by those months.

But Form I-485 is called "Application to Register Permanent Residence or Adjust Status." The key word is adjust. You're adjusting from one immigration status to another within the United States.

I-485 filing from Germany is impossible because you're not in the United States. You have no US immigration status to adjust from. You're a German resident with no connection to the US immigration system.

USCIS processes I-485 applications only for individuals physically present in the United States. There are no exceptions. No special provisions. No alternative procedures.

Can I file I-485 outside US applies to all locations. Whether you're in Germany, India, Canada, or anywhere else internationally, you cannot file Form I-485. The form literally requires a US address.

This isn't specific to NIW. All employment-based green card categories face the same limitation. EB-1, EB-2, EB-3, EB-5 all require US presence for I-485 filing.

Confused about filing options from Germany? Beyond Border can explain your available pathways clearly.

Understanding EB-2 NIW Consular Processing Alternative

EB-2 NIW consular processing is your only option when living in Germany. This process happens through the US Embassy or Consulate rather than through USCIS domestic offices.

Consular processing and adjustment of status are mutually exclusive pathways. They lead to the same destination, a green card, but the routes differ completely.

The consular processing route follows a clear sequence. First, file Form I-140 with USCIS. This can be done from anywhere in the world. Your physical location doesn't matter for I-140 filing.

Second, wait for I-140 approval. This takes 6 to 18 months with standard processing or 45 days with premium processing. Your priority date is established when USCIS receives your I-140.

Third, monitor the visa bulletin. You cannot proceed with consular processing until your priority date becomes current. For EB-2 Rest of World as of December 2025, the date is around February 2024, meaning an 18 to 24 month wait for recent filers.

Fourth, once your priority date is current, the National Visa Center contacts you. They send instructions for completing Form DS-260, the immigrant visa application. You also submit civil documents like birth certificates, marriage certificates, police clearances, and financial documents.

Fifth, after NVC processes your documents, they schedule your interview at the US Embassy in Frankfurt. You attend the interview with your supporting documents. The consular officer adjudicates your case.

Sixth, if approved, you receive an immigrant visa stamp in your passport. This visa is valid for 6 months. You must enter the United States within that period.

Seventh, upon entering the US, you become a lawful permanent resident. Your physical green card arrives by mail within 2 to 4 weeks.

The Germany to US green card process timeline totals approximately 2.5 to 4 years from I-140 filing to green card receipt for EB-2 Rest of World applicants.

Need help navigating consular processing from Germany? Beyond Border handles international cases regularly.

What If I Move to the US Before Filing

Some Germany-based professionals ask whether moving to the United States before filing would enable concurrent filing. The answer is yes, but timing matters.

Concurrent I-140 and I-485 abroad becomes concurrent I-140 and I-485 in the US if you first obtain a valid nonimmigrant status.

You would need to enter the United States on a visa that permits your stay. Common options include H-1B for specialty occupation workers, L-1 for intra-company transferees, O-1 for individuals with extraordinary ability, or even B-1/B-2 for temporary business or tourism.

However, entering on B-1/B-2 with the preconceived intent to file for adjustment of status is visa fraud. If you plan to file I-485, you need a dual-intent visa like H-1B, L-1, or O-1 that permits immigrant intent.

Once legally present in the US, you can file I-140 and I-485 concurrently if your priority date is current. For EB-2 Rest of World with the priority date sitting around February 2024, anyone filing in early 2025 or later faces a retrogression period.

If your priority date isn't current, you file I-140 first. Once approved and your priority date becomes current, then you file I-485.

The strategy of moving to the US specifically to enable concurrent filing makes sense for some professionals. You gain several advantages beyond concurrent filing. You can start working immediately. You can build US professional networks. You can establish yourself in the American job market before receiving your green card.

But it requires securing a work visa first. That process has its own timeline and requirements. For most Germany-based professionals, pursuing consular processing from Germany is simpler and faster than obtaining a US work visa first.

Weighing options between consular processing and moving to the US first? Beyond Border can model both scenarios.

Common Misconceptions About International Filing

Several misconceptions exist about EB-2 NIW concurrent filing Germany and international green card applications.

Misconception one is believing that you can file I-485 from anywhere. Some people confuse the I-140 petition, which can be filed internationally, with the I-485 application, which cannot. They're completely different forms serving different purposes.

Misconception two is thinking consular processing is slower than adjustment of status. In reality, consular processing often moves faster. Embassies typically process cases more quickly than domestic USCIS offices handling I-485s. The difference narrows once priority dates become current, but consular processing isn't disadvantaged.

Misconception three is assuming you can switch from consular processing to adjustment of status mid-stream. Once you've chosen a pathway and initiated it, switching becomes complicated. If NVC already has your case, switching to adjustment requires abandoning that case and starting fresh with USCIS.

Misconception four is believing premium processing applies to the entire green card process. Premium processing only expedites I-140 adjudication. It doesn't speed up priority date waits, NVC processing, or embassy interviews.

Understanding these realities helps set appropriate expectations for the Germany to US green card process.

Have questions about your specific situation in Germany? Beyond Border provides personalized guidance for international applicants.

Frequently Asked Questions

Can I file I-485 while living in Germany? EB-2 NIW concurrent filing Germany is impossible because I-485 filing from Germany is not permitted, as Form I-485 adjustment of status requires physical presence in the United States on a valid nonimmigrant status.

What is the green card process for Germany residents? Germany to US green card process requires filing I-140 first, waiting for approval and priority date to become current, then completing EB-2 NIW consular processing through the US Embassy Frankfurt with DS-260 application.

Is concurrent filing available from any country outside the US? Concurrent I-140 and I-485 abroad is impossible from all international locations because adjustment of status is a domestic process requiring US presence, though consular processing remains available worldwide.

Can I switch from consular processing to adjustment of status? Switching pathways mid-process requires abandoning the consular case and starting fresh with USCIS if you move to the US, making it generally impractical once National Visa Center processing has begun.