EB-2 NIW Case Study: Indian-born pharma scientist (4 publications, 12 citations) - approved without RFE
This post provides a brief case study of an EB-2 NIW self-petition approved by an Indian-born H-1B scientist working at a private pharmaceutical/life sciences company
This is a short case study for a recently approved EB-2 NIW case our firm handled.
Background facts:
Indian-born H-1B worker;
Bachelor’s in Pharmacy from India; Master’s in Pharmacy from India; Ph.D. from a U.S. university in Pharmacy - graduated in 2020.
Got a job with F-1 OPT and got lucky in the H-1B cap, approved for H-1B status on October 1, 2021.
Made the wise decision to self-petition for a green card in the EB-2 category to establish a priority date that is attached to her permanently. This was her profile at the time of filing:
4 peer-reviewed publications (with 12 citations);
8 poster presentations;
3 book chapters;
Modest peer review (2 reviews in 2 different journals).
The evidence for her case was supported by 3 letters of support, plus her self-petitioner support letter that laid out her eligibility pursuant to Matter of Dhanasar.
Timing:
In March 2022, Webber Law was retained.
In June 2022, the EB-2 NIW I-140 petition was filed.
In November 2022, the EB-2 NIW I-140 petition was approved by the USCIS Nebraska Service Center without RFE.
Note: If she had waited for her employer to do PERM, she might still be waiting for the prevailing wage request to be issued. Instead, she has an I-140 approved and priority date locked in. Yes, she had to use her own money but wouldn’t you agree it was money well spent?
Now she has an approved I-140 that is attached to her and she can go to any private sector employer and retain her priority date. All she needs is an H-1B transfer. She doesn’t have to be re-sponsored for PERM.
And importantly, she can build her profile and every year we can re-assess on whether EB-1B or EB-1A is possible.
It is still a long road ahead but in my view, this is a winning strategy.