EB-2 NIW Case Study: Nepali self-petitioning researcher approved from abroad
This post provides details and the timeline for an EB-2 NIW case (self-petition green card filing) for someone outside the US entering the US on an immigrant visa.
This is a case study of a successful EB-2 NIW self-petition green card case for a self-petitioner who filed from abroad. This individual has never lived in the United States and he does not have a U.S. employer (yet).
EB-2 NIW is one of the limited ways that mid-career professionals can immigrate to the United States.
Note:
It is NOT a great option for people born in India because of “per country” limits that make EB-2 extremely slow for people born in India (and somewhat slow for people born in China); but for people born in all other countries, EB-2 NIW remains a potentially viable option for self-petitioning provided the candidate meets the required criteria.
To review options for mid-career professionals generally, check out my earlier post on that subject - here.
I would like to thank Vasanthan Ramakrishnan and Paranjyoti Lahkar for encouraging me to write more about this case.
Background Facts:
Self-petitioner is a citizen of Nepal (born in Nepal). He is a medical and pharmacology researcher and university professor living in the Caribbean. He is married with one child. He has never lived or worked in the United States and has no U.S. employer (yet).He was referred to me by a professional friend who we represented earlier in a similar case.
He is well-qualified:
Master’s degree (but no Ph.D.);
10 years of research experience;
30 peer-reviewed articles published in various journals;
Service on an editorial board of a peer-reviewed journal;
Service as a peer reviewer for multiple journals;
300+ citations to his research articles.
Timeline:
-- Jan 2021 = EB-2 NIW I-140 petition filed;
-- Feb 2022 = EB-2 NIW I-140 petition approved (without RFE);
-- April 2022 = NVC fee bills paid; DS-260s, etc. submitted;
-- Sept 1, 2022 = Interview scheduled for Oct 27, 2022.
If his and his family’s interview is successful (which we anticipate), then they will get immigrant visas (permanent resident visas) valid for 180 days (6 months) and he will need to enter the United States during that 6 month period.
After he enters the United States on his immigrant visas, his and his family’s I-551 permanent resident cards (green cards) should be sent out to the “home address” we listed on his DS-260 and his and his family’s Social Security Cards will also be issued.
You will note that the EB-2 NIW I-140 petition took 13 months to be approved; however, USCIS has proposed allowing for premium processing for EB-2 NIW petitions. Supposedly premium processing will be introduced very soon. The announcement in July suggested it would be introduced during FY2022, although there is only 4 weeks left until the end of FY2022. If premium processing is introduced, then self-petitioners will be able to pay an extra $2,500.00 for case review within 45 calendar days from filing. This will make EB-2 NIW even more attractive as an option for people from abroad.
[Frankly, it will also make it more appealing to people in the United States who face record-slow processing for PERM labor certification applications.]
As noted above, EB-2 NIW remains one of the limited ways that mid-career professionals can immigrate to the US without an employer. Our firm handles mid-career professionals worldwide. Among our active cases now, we are working with a physician/researcher from Spain, an engineering professor from Africa, an IT/engineering manager from Eastern Europe, an “ethical hacker” from Middle East, and a medical researcher born in Canada but currently living in Canada.
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For those who are immigrant visa processing, the U.S. Department of State provides a good summary of the process here.
I have written a post on immigrant visa/National Visa Center processing tips. You can find that post here.
Thanks for reading!
