1. The adjudication on NIW application has become stricter lately, if you have remained outside the country for a long period of time
A reader asks:
I am an ordinary master’s level software engineer with no publications and no newsworthy contributions. I already have a PERM priority date, but there’s still a long way before I becomes current. I don’t want to keep waiting in the U.S. – I plan to return to my home country and wait there until the visa number becomes current, and then apply for an NIW green card. So, once my priority date becomes current, I would apply for NIW or EB-1 directly from abroad and obtain an immigrant visa. Is this plan feasible? I’ve heard NIW has become stricter recently. If my goal is to apply for NIW four or five years from now, what can I start preparing or doing now?
Alan Lee Esq. answers,
You are correct in your observation that adjudications on NIW applications have become stricter lately. The scrutiny on EB-1A has also toughened. You should also understand that it is more difficult to convince USCIS that your presence would be in the national interest if you are not in the country, and especially if you have remained outside for a long period of time. If you are in a position in which the company that sponsored the PERM is willing to wait for you while you spend time overseas, that is probably a more possible route to immigration although you or the company may have to explain to the US consulate why it would want to keep up the application for a number of years even while you have been out of the US. In planning to apply for EB-1A or NIW, you can begin to build achievements in your field – publications, citations, awards, professional memberships, media coverage, significant projects, letters from recognized experts, etc.
2. Can I apply for PERM and NIW at the same time?
A reader asks:
My company has already filed a PERM application for me, but it will likely not be approved until next year. If I now file a National Interest Waiver (NIW) application, will it affect the approval of my PERM? Or should I wait until my PERM based I-140 is approved before considering the NIW?
Alan Lee Esq. answers,
The difficulty with a PERM application coupled with NIW application is that the PERM application requests a specific job along with minimal qualifications while the NIW application asks how the job will benefit the country. Presenting inconsistent backgrounds in one application as opposed to the other may raise questions concerning credibility. If there are no large discrepancies between the PERM and NIW, the filing of the NIW should not affect the I-140 adjudication of the PERM based application.