EB-2 NIW: The Case for EB-2 NIW for Indian-Born Immigrants (even those with existing EB-2 PERM Priority Dates)

EB-2 NIW does not solve the greatest frustration for professionals born in India seeking to immigrate to the US (the Visa Bulletin), but it solves some of the problems and it is too often overlooked.

The purpose of this post is to discuss the merit of EB-2 NIW self-petition I-140s for Indian-born immigrants.

To be clear, EB-2 NIW does NOT solve the main problem faced by Indian-born immigrants. The main problem is the Visa Bulletin and the “per country” limits which keep people born from India from filing their I-485 final stage green card applications. This is the MAIN problem for sure.

I definitely support and have for about 18 years have supported changing the law to put Indian-born immigrants in the ‘same queue’ as everyone else, but until the law changes, or more immigrant visas are made available, people born in India need to make the best of the flawed system we have.

Most Indian-born immigrants eventually end up in H-1B status. And they generally end up with a PERM-based I-140. There is nothing wrong with that but the PERM-based I-140 has some limitations IN ADDITION to the visa bulletin limitations.

An I-140 approval does allow an Indian-born H-1B worker extensions beyond 6 years at any employer; but at every employer they will need a new PERM and I-140. Currently it can EASILY take 12 months to get a new PERM and I-140, and that assumes the employer wants to and is able to start PERM right away. That is not always the case (for various reasons).

Let’s say you already have an approved PERM and I-140 at your current employer, and your priority date is locked in, why in the world would you ever bother to pursue an EB-2 NIW self-petition?

Here are my reasons….