On employer-sponsored EB-2 NIWs

Here’s a post by immigration lawyer Amber Davis on employer-sponsored EB-2 NIWs:

I’ve been seeing this come up with employer-sponsored EB-2 NIWs where the employer has been excluding the applicant from the process.

To me, that makes no sense whatsoever. Openness actually benefits everyone - the employee applicant feels more appreciated by their employer and the employer is more likely able to retain the person they’re sponsoring.

I get it - the last thing an employer wants is for the employee to get an approval and then use the documents that were submitted for their own NIW approval.

If an employee wants to leave a company, they’ll find all kinds of ways to leave. Stopping them will only increase the likelihood that they leave even sooner so why not just keep things open and transparent?

There’s also not much to gain if anything at all by keeping an employee in the dark for their own NIW application - sure, you might stop them from immediately applying for their own NIW straight after getting an approval through you, the employer, but they’ll find a way to apply eventually.

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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.