Recently spoke with someone who got laid off just as his employer was about to file his I-485. They’ve refused to extend his employment by a few more months to file the I-485, which means he now needs a new I-140 approval before he can continue with the green card process. In other words, he’ll now have to restart PERM.

Generally speaking, as early on in your immigration journey as possible. A few years ago, PERM used to be the best way to secure a priority date. It was fastest and easiest. Things are completely different now - with mass layoffs and PERM backlogs, a lot of people are either trapped in a PERM process with no movement in sight or nowhere near filing a PERM.

Once you get EB-2 NIW you are free to change jobs and perhaps even career trajectory. Just make sure you actually make progress towards your proposed endeavor now and at the time you file your I-485.

Filed a couple of NIWs last week. One for a client who works in banking and specializes in digital analytics. His proposed endeavor? Improving the integrity and security of the U.S. financial system.

I get this question a lot - since certain fields are heavily favored right now by USCIS, should I try to find work in my field that overlaps with one of these hot fields? (like AI) Yes and no.

If you don’t work in a field traditionally thought of as being in the national interest, you can still potentially qualify for EB-2 NIW by showing Exceptional Ability and some kind of unique ability to contribute to the country.

Layoffs affect PERM. If you were counting on your ETA 9089 coming through and are on your fifth year of H-1B, and your employer suddenly announces layoffs (and lays you off), you do not have enough time to file a new PERM with a new employer.

If you have a borderline case, I would not suggest that you file for EB-2 NIW immediately. Even with the upcoming election.

If you self-file and get an RFE, don’t assume that you can just hire a lawyer to fix your case.

Should I get a friend to write one of my EB-2 NIW reference letters? He’s an established professional at a prestigious company and works in my field of proposed endeavor. This kind of letter can come in handy, especially if this is someone you’ve worked with or for and can provide insight into the technical contributions you’ve made through your work.

We got a pilot NIW approved the other day. Weaker than some of the others that I’ve filed so it was great to get an approval.

If you’re applying for EB-2 NIW from abroad, you might want to show existing ties to the U.S.

5 years ago, I didn’t do that many EB-2 NIWs for Rest of World nationals. I did PERM. PERM was actually better than NIW. I mostly handled EB-2 NIWs for Indian and Chinese nationals. With the current state of PERM processing times and ongoing layoffs in big tech, things are no longer the same.

USCIS explicitly states that my field is a field of national interest - does that mean I’ll automatically qualify for EB-2 NIW? No.

A lot of the people from abroad who decide to apply for EB-2 NIW usually have plans to start their own venture in the U.S. But that’s not the only route to securing EB-2 NIW - you don’t have to start your own business nor is that necessarily favored by USCIS.

Avoiding H-1B is possible if you’re Rest of World.

If you plan on job-hopping, regardless of nationality EB-2 NIW makes sense as it can be a way to secure a priority date.

Immigration consultants have been recommending this green card approach for years. It no longer works.

Exceptional ability is one way to bypass the advanced degree requirement for NIW, but I tend to advise clients against going for this part of the criteria unless they convince me that they are truly exceptional.

Generally speaking, it’s simply too hard to meet this criterion and also unclear as to what is really required to meet this criterion.

I once worked on an NIW for someone who co-founded and runs a multi-million dollar shipping and logistics company as the top executive.

Even he did not meet the exceptional ability criterion according to USCIS.

The answer is no for most because you probably do not meet the minimum requirement of bachelor’s degree plus five years of professional experience (or possessing exceptional ability) while currently in a bachelor’s degree program.