Recent Changes for EB2-NIW
Getting approval for NIW petitions has certainly become more difficult than any time in recent memory. This is most likely due to the economic collapse and slow recovery, which in turn tightened up immigration policies for the United States.
Currently, all employment-based, second preference applicants may file an I-485 with their I-140 petitions at the same time, except for individuals applying from China and India. What this means is that applicants are eligible to adjust their status and obtain green cards significantly faster than through regular labor certification. If you take a look at a recent blog posted by Buda Law Group, Visa Bulletin cut-off dates for visa applications and the reasoning behind those decisions are posted; Keep in mind that the availability for immigrant visa numbers is updated monthly by the State Department and is subject to change at any time. The applicants that are coming from India and China are also capable of obtaining NIW approvals, and will be able to officially adjust and change their status when EB-2 category data is released by the USCIS Visa Bulletin board.
NIW applications are known to have clear cut advantages over other visa petitions since there is no labor certification or permanent job offer requirement. The NIW I-140 petition is a particularly attractive choice for researchers, Ph.D. students, research fellows, and other scholars and advanced degree professionals.
Regardless of the complexity and high standards that generally make it difficult to receive an NIW approval, the team at Buda Law Group retains exceptionally high approval rates. In any case, it is strongly recommended that assistance from experienced immigration attorneys be sought out, especially for those applicants falling victim to the recent regulatory changes to the NIW petition conditions.
If any further questions exist, they will gladly be answered by the team here at Buda Law Group.
Thank You,
John B. Buda, Esq. www.budalawgroup.netoffice: 310-452-1872 john.buda@budalawgroup.net 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405
