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

Here’s a post by immigration lawyer Amber Davis on when to start looking into EB-1 NIW as an alternative to PERM if you’re on H-1B:

A lot of companies have paused PERM until 2025.

If you’re at one of these companies and have three or fewer years of H-1B left, definitely start looking into alternative ways to get a priority date (EB-2 NIW for a lot of you, EB-1A for those of you who can show extraordinary ability and can show that you meet some of the criteria).

You don’t have to file for EB-2 NIW right away (unless you’re about to max out and have no other way to secure a priority date because of your company’s PERM pause) but you might still want to look into building up a profile in case you do end up applying for EB-2 NIW.

So start looking into ways to get involved in your field and thinking about proposed endeavors just so that you’ll at least have an alternative in the works should your company decide to not restart its PERM program in 2025.

-

Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out to Amber at amber.davis@waypointimmigration.org or via LinkedIn messages.

Interested in profile-building for EB-2 NIW and maximizing your chances of approval? Check out Amber’s course, NIW Ready, which helps those of you who want to build a strong NIW profile in 2-3 months. You’ll also be considered for Amber’s refundable case package, which guarantees a refund of only attorney fees if your case does not get approved. At the end of the course, assuming you do the work, you’ll be ready to file.