EB-2 NIW is a route to a green card and under Matter of Dhanasar, it is arguably the easiest way for professionals to immigrate to the United States; but that doesn't mean everyone qualifies! (Yet)
We have an Afghan national who is a pilot by profession and currently holds conditional approval under §207(a) of the United States Immigration and Nationality Act. Given their unique background and qualifications, would they be a candidate for a green card through the EB-2 National Interest Waiver (NIW) pathway? If so, what factors would be crucial in making a strong case for their application?
I am currently on H1B and my employer can file GC. My question is can I work in abroad office for a year and come back and file EB1 category without switching to L1 or do we need to be on L1 to be eligible/high chance for EB1?
This is a complex case-specific question and you will need to discuss it with your employer and employer's lawyer. As a technical matter, you are not required to have a L-1 to pursue EB-1(3) as an intracompany transferee manager but traditionally people obtain L-1A visa status first, then pursue EB-1(3). There could be various challenges if you try to pursue things in a non-traditional way. I do not have capacity to consult with you in more detail on these things.
I got my H1B approved last year and my company can start PERM in upcoming months but I would want to look for other opportunities such as EB2 NIW. Will it be useful to prepare for both the routes and will NIW route has any real benefits over traditional route ?
In my view there are potential advantages to EB-2 NIW versus PERM-based EB2 and I have written about the advantages in articles on this newsletter. I would encourage you to review the articles and try to analyze whether EB-2 NIW is something worth pursuing.
I'm wondering if you could help me with a free profile evaluation as I'm interested in EB1a route. I'm from India. I have a PhD from University of Wisconsin-Madison, and currently a postdoc at USDA lab, Maryland since last year. I have 220 citations, reviewed many scientific papers, judged a conference session, have some awards etc. Would you be available for a free profile evaluation?
Very helpful, thank you! Looking forward to reading the deep dive on what is a "good" profile for eligibility (meeting the 3 prongs you share in this post).
Reading this article, a question came to mind. Once you've started the filing for the green card through PERM with your employer, are you still able to switch to EB-2 NIW?
You can definitely have an employer PERM-based green card case and also an EB-2 NIW self-petition case. There is no issue to have two separate cases and some instances it is wise. Thanks for your comment.
I am currently on an F1 visa. I have a set of particular skills that is very sought by Defence contractors, I get emails from their recruiters but I have to refuse them as I am a non-citizen. Is this something that can come under EB-2 NIW?
If a person has skills of value to the US government, including Defense contractors, it could be a basis of a successful EB2 NIW case. One challenge for people born in India who are in F-1 visa status is that EB-2 NIW provides limited benefit due to the cut-off dates on the visa bulletin so I generally advise F-1 students from India to seek (i) an academic H-1B (exempt from the annual limit) or (ii) an O-1 visa from a private sector employer (if eligible). Or potentially the F1 visa holder could stay in school and pursue advanced education and further qualifications. Or potentially the F-1 visa holder could join a company and be transferred abroad and then back into the US after a year abroad on a L-1 visa. The current environment is very challenging for F1 students of all nationalities but particularly those born in India. (I am not necessarily assuming you were born in India but making this as a general point).
I've been reading all your post about Eb2 Niw and even I'm Not fluent in English your way of explaining is easy to understand and your content is so valuable..
I'm in a middle of my Eb2 Niw process, but I've been stocked in my proposal endeavor direction since is not a Stem profession but more Logistics, business consultant
Thanks for taking time to write your note. I am not sure whether logistics and business consulting will fit well in EB-2 NIW. Prong 1 is a very important consideration. You will want to work closely with your attorney or you might need to spend time (6+ months) re-framing your profile to bolster your eligibility. It is better to wait and file a strong case than file a fast case that is denied.
It is possible that logistics might tie into improving manufacturing and "re-shoring"- that is, bringing more manufacturing into the US.
Hi - You make a fair point that this post is not comprehensive. The topic is complicated and covered (or going to covered) in a series of posts in my newsletter. This post was supposed to provide an overview/intro to the EB-2 NIW category. I hope you will follow for future posts. Thanks for taking time to comment!
Regarding the relationship between an asylum application and an EB-2 NIW petition, they are apples and oranges. It is true that you might be able to obtain a green card faster through EB2 NIW but the real issue is whether you are eligible for EB-2 NIW. I have no idea.
You will need to consult with an attorney on this matter to map out the viability of the situation. If you used an attorney for your asylum case, you should consult that attorney first.
Your questions seem to assume getting approved an EB-2 NIW is some kind of automatic thing. It is not. You have to qualify. I have no idea what your qualifications are.
Yes - an asylum applicant can file an EB-2 NIW self-petition and can also be sponsored for a green card by a family member (I-130) or employer through the traditional employer sponsorship process (PERM). The final stage of the green card process might be complicated for someone with a pending asylum application depending on case-specific details but there is no restriction to pursue EB-2 NIW or another avenue for a green card. Of course, the person must qualify based on the standards of EB-2 NIW (Matter of Dhanasar). I recently obtained H-1B status for a physician who was in the US as an asylum applicant. He returned to his home country and got his H-1B visa and his family got H-4 visas (they had been abroad this whole time). His hospital employer (my client) is sponsoring him now for a green card through PERM. I anticipate it will be fine.
Actually this is very helpful with basic information we need to know. I look forward reading from you.
Thanks!
Hi Robert, thanks for this explanation. I have learnt a lot of new information reading your posts on LinkedIn.
Thank you for taking time to read and comment! I wish there were more hours in the day as I have a lot more I want to say.
Dear Lawyer Robert
Thanks for sharing this information. It is very useful. Best regards.
Thank you for sharing this with us.
We have an Afghan national who is a pilot by profession and currently holds conditional approval under §207(a) of the United States Immigration and Nationality Act. Given their unique background and qualifications, would they be a candidate for a green card through the EB-2 National Interest Waiver (NIW) pathway? If so, what factors would be crucial in making a strong case for their application?
Hi Robert,
I am currently on H1B and my employer can file GC. My question is can I work in abroad office for a year and come back and file EB1 category without switching to L1 or do we need to be on L1 to be eligible/high chance for EB1?
This is a complex case-specific question and you will need to discuss it with your employer and employer's lawyer. As a technical matter, you are not required to have a L-1 to pursue EB-1(3) as an intracompany transferee manager but traditionally people obtain L-1A visa status first, then pursue EB-1(3). There could be various challenges if you try to pursue things in a non-traditional way. I do not have capacity to consult with you in more detail on these things.
Hi Robert,
I got my H1B approved last year and my company can start PERM in upcoming months but I would want to look for other opportunities such as EB2 NIW. Will it be useful to prepare for both the routes and will NIW route has any real benefits over traditional route ?
In my view there are potential advantages to EB-2 NIW versus PERM-based EB2 and I have written about the advantages in articles on this newsletter. I would encourage you to review the articles and try to analyze whether EB-2 NIW is something worth pursuing.
Hi Robert,
Greetings!
I'm wondering if you could help me with a free profile evaluation as I'm interested in EB1a route. I'm from India. I have a PhD from University of Wisconsin-Madison, and currently a postdoc at USDA lab, Maryland since last year. I have 220 citations, reviewed many scientific papers, judged a conference session, have some awards etc. Would you be available for a free profile evaluation?
Thanks,
Sumanta Chatterjee, PhD
I am not currently available to consult on this matter. Sorry.
Very helpful, thank you! Looking forward to reading the deep dive on what is a "good" profile for eligibility (meeting the 3 prongs you share in this post).
Reading this article, a question came to mind. Once you've started the filing for the green card through PERM with your employer, are you still able to switch to EB-2 NIW?
You can definitely have an employer PERM-based green card case and also an EB-2 NIW self-petition case. There is no issue to have two separate cases and some instances it is wise. Thanks for your comment.
Hi Robert,
I am currently on an F1 visa. I have a set of particular skills that is very sought by Defence contractors, I get emails from their recruiters but I have to refuse them as I am a non-citizen. Is this something that can come under EB-2 NIW?
If a person has skills of value to the US government, including Defense contractors, it could be a basis of a successful EB2 NIW case. One challenge for people born in India who are in F-1 visa status is that EB-2 NIW provides limited benefit due to the cut-off dates on the visa bulletin so I generally advise F-1 students from India to seek (i) an academic H-1B (exempt from the annual limit) or (ii) an O-1 visa from a private sector employer (if eligible). Or potentially the F1 visa holder could stay in school and pursue advanced education and further qualifications. Or potentially the F-1 visa holder could join a company and be transferred abroad and then back into the US after a year abroad on a L-1 visa. The current environment is very challenging for F1 students of all nationalities but particularly those born in India. (I am not necessarily assuming you were born in India but making this as a general point).
Ya know this sounds like a lot of work for me. I would just start dating people and hope something works out. :-P
I've been reading all your post about Eb2 Niw and even I'm Not fluent in English your way of explaining is easy to understand and your content is so valuable..
I'm in a middle of my Eb2 Niw process, but I've been stocked in my proposal endeavor direction since is not a Stem profession but more Logistics, business consultant
Thanks for taking time to write your note. I am not sure whether logistics and business consulting will fit well in EB-2 NIW. Prong 1 is a very important consideration. You will want to work closely with your attorney or you might need to spend time (6+ months) re-framing your profile to bolster your eligibility. It is better to wait and file a strong case than file a fast case that is denied.
It is possible that logistics might tie into improving manufacturing and "re-shoring"- that is, bringing more manufacturing into the US.
Good luck!
Thanks for sharing this valuable information.
Thanks for taking time to comment!
You didn't give proper information nor you discussed 3 prong in details.
Hi - You make a fair point that this post is not comprehensive. The topic is complicated and covered (or going to covered) in a series of posts in my newsletter. This post was supposed to provide an overview/intro to the EB-2 NIW category. I hope you will follow for future posts. Thanks for taking time to comment!
Regarding the relationship between an asylum application and an EB-2 NIW petition, they are apples and oranges. It is true that you might be able to obtain a green card faster through EB2 NIW but the real issue is whether you are eligible for EB-2 NIW. I have no idea.
You will need to consult with an attorney on this matter to map out the viability of the situation. If you used an attorney for your asylum case, you should consult that attorney first.
Your questions seem to assume getting approved an EB-2 NIW is some kind of automatic thing. It is not. You have to qualify. I have no idea what your qualifications are.
It is not too late to file for EB-2 NIW.
Yes - an asylum applicant can file an EB-2 NIW self-petition and can also be sponsored for a green card by a family member (I-130) or employer through the traditional employer sponsorship process (PERM). The final stage of the green card process might be complicated for someone with a pending asylum application depending on case-specific details but there is no restriction to pursue EB-2 NIW or another avenue for a green card. Of course, the person must qualify based on the standards of EB-2 NIW (Matter of Dhanasar). I recently obtained H-1B status for a physician who was in the US as an asylum applicant. He returned to his home country and got his H-1B visa and his family got H-4 visas (they had been abroad this whole time). His hospital employer (my client) is sponsoring him now for a green card through PERM. I anticipate it will be fine.