EB2 NIW - Your experiences
 

Wise and lovely people,

My hub's prospective new employers are suggesting we go the EB2 NIW route, it should be pretty easy in terms of providing evidence. What I'd like to know about is your experiences of doing this and crucially how long the process took.

Thank you so much!!

Re: EB2 NIW - Your experiences
 

No first hand experience, but I've seen a few people go through it. I assume you're aware that this is one of the few routes where he can file it himself? Since his new boss gets to benefit, perhaps the new boss would like to extend access to an attorney? From what I've seen, it is crucial to gather sufficient evidence of the right kind - this is where an attorney can help. If the application package is complete and of good quality (this can take some time), the process seems to be fairly quick from there on.

Re: EB2 NIW - Your experiences
 

Hey, thanks for the help!

Yep although self petition new employer helping us through process including engagement / payment for lawyer, we are moving from uncapped h1b.

Re: EB2 NIW - Your experiences
 

General comment: EB-2 NIW is a classic red flag in front of the bull application. The mother case is Matter of New York State Department of Transportation.

When I was in practice I had a case which I felt was an excellent NIW and an extremely marginal EB-1 extraordinary ability, so we filed both. The NIW generated the RFE from Hell and the EB-1 was approved post haste.

Words of warning.

Re: EB2 NIW - Your experiences
 

Yeah, I wish they'd try EB1 too but looks like it's just NIW. I think he'd have a reasonable case, but what do I know?! Looks like we are in for a long wait. :(

Re: EB2 NIW - Your experiences
 

If you read that caselaw, pretty apparent that the threshold that USCIS uses for NIW is actually above that for EB-1, because "national interest" is a very high bar.

Re: EB2 NIW - Your experiences
 

Is it possible to parlay the paperwork for O-1 up to an EB1 ? I've been here for 18 months or so, and since November last year, when my first product came on line, added a significant boost to company profits and operational efficiency.

Re: EB2 NIW - Your experiences
 

No and I know someone who tried to, "outstanding" ability and "extraordinary" ability are different things if you read the legislation, the bar is higher for EB-1.

Re: EB2 NIW - Your experiences
 

Well, that's concerning although as a genetic scientist with a high level of citations, I'm hoping he will have a good case.

Anyone who can tell me how long their petition took in total would be very much appreciated! ;)

Re: EB2 NIW - Your experiences
 

Currently in the process of gathering the required recommendation letters. It has taken us several months but that is our fault rather than the lawyer's fault. We were told that once submitted we could expect about an 8 month wait.

Re: EB2 NIW - Your experiences
 

Ugh, too long! I know, it's a nightmare getting all the recommendation letters!!

Re: EB2 NIW - Your experiences
 

Hi, we are in the EB2 NIW process right now. We retained a lawyer in Sep 2014, gathered all the docs, references, the lawyers helped with the petition, and we finally filed it March 2015 with the USCIS in Nebraska. We got an RFE back in October 2015 and re submitted extra evidence in November, we got the I-140 approval in December. The file was sent to the NVC in December and the case was completed in March 2016. The file was passed onto our local embassy, Montreal, Canada. We had our visa interview on May 10th and we're just waiting for the green card to be issued now.

Re: EB2 NIW - Your experiences
 

What kind of thing did they ask for when they asked for extra evidence?

Re: EB2 NIW - Your experiences
 

They wanted more evidence that my research was national in scope, I did this by providing some cancer related US figures and how my research linked to this

Re: EB2 NIW - Your experiences
 

did your h1b cap-exempt help with the EB2 NIW at all ?