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The immigration specialist at our institution is strongly recommending that new green card applications go through non-PERM categories, such as EB-1 or EB-2 NIW, presumably because it will be harder to get this certification. Do you have any opinions on this?

Also, do you expect USCIS to become more strict when it comes to EB-2 NIW applications? Thanks!


I haven't seen any real changes with PERM yet but that's a valid concern if unemployment remains as high as it is. That's a judgment call. Even with that policy, I'd probably still pursue PERMs (as opposed to doing nothing) for those who don't have strong NIWs. We've seen a tightening of NIW adjudications recently (particularly for non-founders) so these need to be pursued carefully and cautiously. The primary issue is on whether the applicant is doing something or has certain skills that don't lend themselves to a PERM application - that is, a test of the labor market - and this can be a tough standard to meet.


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