EB-2 NIW Case Study: Manufacturing Engineer approved

This post will provide a short case study of a recently approved EB-2 NIW case for an African-born F-1 student who will get his green card rather than an H-1B. Which would you rather have??

On February 10, 2023, USCIS approved an I-140 petition we filed for an African-born F-1 student in the United States working as a Manufacturing Engineer. His employer had tried for an H-1B in the H-1B cap lottery two times. He was going to have one more chance when he came to us and we self-petitioned for EB-2 NIW.

His employer and employer’s law firm offered no ideas on alternatives to just trying (and failing) in the H-1B cap lottery.

Now: His I-140 is approved and his I-485 is pending. Also pending are his I-765 and I-131. He has just completed biometrics and we do anticipate his I-485 based EAD to come through before his STEM OPT expires in July 2023.