EB-2 NIW Case Study: Chemist approved
This post will provide a quick case study of a Canadian TN to green card, via EB-2 NIW. Some people on TN do not realize they can go straight for a green card without H-1B.
Background Facts:
Canadian (not born in India or China) with Canadian Master’s degree (not Ph.D.) gets job at U.S. university and university sponsors her for TN visa status as a Chemist. She processes her TN at the U.S./Canada border very easily and efficiently, with the university’s in-house counsel providing her with the requisite TN support letter.
She has several years of work experience in Canada and has several peer-reviewed publications.
Her position is not eligible for institutional sponsorship by the university where she works.
Case Timing:
March 2022: She hired Webber Law.
July 2022: Her EB-2 NIW I-140 self-petition is filed. The petition filing includes her cover letter plus 3 support letters and documentation of her publications and other accomplishments in the field.
Jan 2023: Her EB-2 NIW I-140 petition approved without RFE.
Separately -
Aug 2022: She filed her I-485/I-765/I-131 applications.
Dec 2022: Her I-765 and I-131 applications were approved and she received her EADAP work/travel card.
Her I-485 application remains pending as of the time of this post but we are seeing relatively fast processing times and we are hopeful her I-485 application will be approved without interview in February or March.
To be clear, she was ‘landlocked’ in the US from August 2022 when her I-485 application was filed until December 2022 when she got her EADAP card.
In some ways this was a “classic” EB-2 NIW case for a research-oriented professional but it is a reminder that TN to green card is a viable option.
For people not born in India or China, it can all happen pretty fast (although getting longer per recent Visa Bulletin cut-off dates).
But even Canadian citizens born in India or China can seek green cards from TN status.
This strategy is also available for Mexican citizens on TN, Australians on E-3, or citizens of Chile/Singapore on H-1B1.
To read more about EB-2 NIW as a route to a green card, please consider reviewing my Primer. You can also find information about EB-2 NIW directly on the website of USCIS, here.
Hi Robert, thank you for this interesting article. You mention that EB2 NIW is an option for canandian citizens born in India. But wouldn’t they fact the same GC backlog that Indians face since country of chargeability for GC is determined by country of birth and not citizenship? What am I missing here?
How do I get in touch with you I have a few questions regarding this. I am working in Florida on a TN and am wondering what route I have available to me. Thanks