EB-2 NIW - how good is that ?

[algotrader]

Hello everyone,

as this is my first post here I'll start with a beginner's questions. Basicaly, my plan is to apply for EB-2 NIW by myself, but there are still some questions which make me scratch my head:

- very recently I've read somewhere someone commenting that he chose not to apply for NIW EB-# visa because "it would hinder his carreer opportunities". Does anyone have an idea what that person could be relating to ?

- I know that the GC rules are such that the longest period of a holder staying outisde US is six monts. Does the same or similar apply for EB-2 NIW visas ?

Many thanks in advance,

Walter

[BigJoe5]

Hello everyone,

as this is my first post here I'll start with a beginner's questions. Basicaly, my plan is to apply for EB-2 NIW by myself, but there are still some questions which make me scratch my head:

- very recently I've read somewhere someone commenting that he chose not to apply for NIW EB-# visa because "it would hinder his carreer opportunities". Does anyone have an idea what that person could be relating to ?

- I know that the GC rules are such that the longest period of a holder staying outisde US is six monts. Does the same or similar apply for EB-2 NIW visas ?

Many thanks in advance,

Walter

In order to get a NIW you have to make a commitment to "continue" in the line of work for which you are seeking a NIW. Therefore, as an example, you cannot make a claim that you will continue your world renowned cancer research and then as soon as you get a greencard take a job at General Hospital as an internist or X-ray technician or become the manager at your uncle's liquor store or gas station.

[algotrader]

In order to get a NIW you have to make a commitment to "continue" in the line of work for which you are seeking a NIW.

Ahh, right, missed that one.

as soon as you get a greencard

But - to clarify - ultimately EB-2 is not exactly a GC, or is it ?

Also, having to choose between H-1B and EB-2/NIW the latter is a way to follow ? Among the biggest cons of H1B is that it expires and that is bounds you to the specific employer, who - should he lay you off - basically sends you home.

[BigJoe5]

Ahh, right, missed that one.

But - to clarify - ultimately EB-2 is not exactly a GC, or is it ?

Also, having to choose between H-1B and EB-2/NIW the latter is a way to follow ? Among the biggest cons of H1B is that it expires and that is bounds you to the specific employer, who - should he lay you off - basically sends you home.

EB-2 is an IMMIGRANT classification which means greencard or LPR status. The NIW is a waiver of the job offer and/or permanent labor certification process. These added benefits come with a higher burden of proof than the basic EB-2 which is already rather high.

H1-B is a NON-IMMIGRANT classification with a "dual intent" so that during that non-immigrant visa's rather long but ultimately limited duration you can seek a greencard sponsor.

[algotrader]

What would be a natural step forward, once receiving NIW EB-2 visa, if there's any ?

BTW: Thank you BigJoe5 for the help received so far