Why EB-2 NIW makes sense if you plan on job-hopping

Here’s a post by immigration lawyer Amber Davis on why EB-2 NIW makes sense if you plan on job hopping:

If you plan on job-hopping, regardless of nationality EB-2 NIW makes sense.

With an EB-2 NIW approval, you essentially have the key to a priority date, which you can use once you secure H-1B (this would apply more to Indian and Chinese nationals who want to extend their H-1B indefinitely and not be subject to that 6-year maximum) or even while you’re still on OPT (for those who are Rest of World and have enough time left on OPT to potentially file an adjustment application after waiting a couple of years to become current in the backlog).

With a priority date secured without the need for PERM, you no longer need to tie yourself to a company long term - once you get H-1B (or even while you’re on OPT), you’ll be able to move companies without having to consider what that company is going to do to support your long term immigration plans.

Job-hopping has become an increasingly hot topic in recent months, especially with layoffs.

It’s no longer as “weird” as it used to be, especially with layoffs becoming a normal part of the corporate landscape and PERM becoming increasingly difficult to get because of the PERM backlogs and also because many companies are still laying off employees or considering layoffs in the near future.

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out at amber.davis@waypointimmigration.org or via LinkedIn messages and I’ll get back to you shortly!

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Avoiding H-1B through EB-2 NIW (for Rest of World nationals)

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An immigration consultant approach that no longer works