Amber G. Davis Amber G. Davis

EB-2 NIW as an alternative to PERM

For a lot of you out there who are hoping to go through the PERM process, you may want to start looking into other ways to secure a priority date.

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Amber G. Davis Amber G. Davis

On a recent EB-2 NIW case

We’re currently working with another actuary.

Actuary EB-2 NIW cases can be strong, especially if the applicant’s work is tied to a field of national importance such as healthcare.

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Amber G. Davis Amber G. Davis

How many citations would you need to be considered “highly cited” for EB-2 NIW?

Impact factor is one figure you can look at - if you’ve been published multiple times in a journal that has a high impact factor and your articles were cited more times, that could serve as evidence that you’re “highly cited.”

You can also look at Clarivate InCites or other datasets to get benchmark analytics on citations for journals in a certain industry. With InCites, you’ll be able to see benchmarks for what’s considered a high number of citations for specific fields (which can vary as articles written in some fields may on average get a lot of citations whereas articles in other fields may not on average get a lot of citations). Comparing the number of citations on your published articles to field-specific benchmarks can provide context on whether you have the number of citations required to be considered “highly cited” in your field.

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Amber G. Davis Amber G. Davis

On the third prong of the EB-2 NIW Dhanasar framework

Sometimes, I work with clients who previously applied for EB-2 NIW, presented a strong profile, but still received a denial.

When I review some of their petitions, sometimes it’s clear that the reason for denial was because the petitioner simply stated a laundry list of activities and that their proposed endeavor is to continue to work at their company.

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Amber G. Davis Amber G. Davis

On EB-2 NIW proposed endeavors

A lot of people I speak to about EB-2 NIW seem to think that there are certain things that if you say in your proposed endeavor will help your case. This is probably why a lot of applicants try to base their proposed endeavor on what has worked by looking for examples of proposed endeavors from people who have gotten approvals.

While it looks like USCIS is giving priority to some fields like AI, generally speaking, writing your proposed endeavor statement to include AI (or any other prioritized field) may not be the approach you want to take to build your case.

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Amber G. Davis Amber G. Davis

Should you switch employers if you’re in your third year of H-1B and your current company has decided to pause its PERM program?

If you’re in your third year of H-1B, you can wait to see if your current company restarts their PERM program.

If they don’t by the middle or end of your fourth year and you still want to rely on PERM to secure a priority date, you’ll most likely have to quit your current job and find a new employer who is willing to file a PERM for you as soon as possible, ideally the moment you join the company.

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Amber G. Davis Amber G. Davis

If you’re on H-1B, when should you start looking into EB-2 NIW as an alternative to PERM?

Short answer is if you’re only a year or two into H-1B, you can still proceed with PERM even if your company has paused its PERM program. If you want a priority date as soon as possible, then definitely look into EB-2 NIW while still going through the PERM process but at this point, PERM is still a viable option.

If you’re in your fourth or fifth year of H-1B, definitely start looking into EB-2 NIW, especially if your company has paused its PERM program. For you, there’s a chance that you will max out on H-1B if your company does not restart PERM so start looking at alternative ways to get a priority date.

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Amber G. Davis Amber G. Davis

On EB-2 NIW for pilots

I got my first pilot NIW approved!

The case was from a while back and the pilot had decided to go with me instead of another lawyer based on a personal recommendation from one of my prior clients.

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Amber G. Davis Amber G. Davis

On EB-2 NIW for nurses

NIW can be difficult for nurses.

This is what I told my client, a nurse from Brazil.

It’s true - USCIS does not tend to approve NIWs for nurses, because the agency defaults to thinking of them as being eligible for Schedule A cases instead, so we had to think about what we could do to strengthen my client’s case.

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Amber G. Davis Amber G. Davis

On employer-sponsored EB-2 NIWs

Getting your employer to sponsor your EB-2 NIW application can make sense for some of you.

Just remember that an employer-sponsored EB-2 NIW is not the same as an EB-2 NIW that you file on your own.

The reason is that the I-140 you get through an EB-2 NIW approval will not be in your name, which means for it to be valid and usable by the time you file an adjustment application, you’ll most likely need to still be working for the employer that sponsored your EB-2 NIW application.

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Amber G. Davis Amber G. Davis

Having a STEM PhD can help your EB-2 NIW case

Having a PhD can significantly help your EB-2 NIW case, especially if it’s in a STEM field. Not so much for EB-1A unless you’re presenting a researcher-based or academia-focused case and that PhD has been the base of a strong authorship profile.

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Amber G. Davis Amber G. Davis

On PERM and EB-2 NIW

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.

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Amber G. Davis Amber G. Davis

When does it make sense to look into EB-2 NIW?

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.

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