On PERM and EB-2 NIW

Here’s a post by immigration lawyer Amber 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.

Which means two more years of waiting assuming his new employer agrees to file a PERM immediately after he joins.

For individuals who are in this situation and don’t have enough time left on H-1B to go through PERM again, I tend to suggest EB-2 NIW even for weaker cases, as an approval can mean you no longer need to file a PERM through your new employer.

You can also avoid this situation entirely if you do the EB-2 NIW early on. It’s why I suggest that people look into EB-2 NIW as early as possible in their immigration journey.

The sooner you’re able to get an EB-2 NIW approval, the sooner you’ll be able to stop relying on PERM and continued/secure employment with a specific company.

-

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.