Benefits of NIW for EB-2 Applicants with Approved I-140s Who Went Through PERM

Many EB-2 applicants who went through the PERM process may already have an approved I-140 but, because of the visa backlogs in the EB-2 category, are ineligible for adjustment of status because their priority date is not yet current. An NIW petition may offer some limited relief to these individuals.

While NIW will not expedite processing of the immigrant visa, it will make it easier for these foreign nationals to change jobs. With an approved NIW, an applicant does not need to rely on his or her employer to adjust. That means that that if offered a new job, the applicant would not have to go through the PERM process again or, alternatively, meet the legal requirements of portability.
In the current labor force, the ability to change jobs freely as a foreign national is of immense benefit. In some situations, applicants must wait years to adjust status, and it’s unclear when the EB-2 backlog will end. Mergers and acquisitions of companies could disrupt the viability of approved labor certification if there are changes to worksite locations, job titles, job descriptions, or salary. Furthermore, given the plethora of job opportunities, a skilled foreign national would unlikely wish to be pigeonholed into one position when he or she is able to perform more complex and fulfilling work.


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