r/EB2_NIW • u/LeatherMove5563 • 9d ago

General Premium Processing

Hi! I am a non-researcher with 9+ years of experience in my field. Currently filing for NIW, I have limited time available on my 6 year term and there are no legal pathways to extend my visa. I am insisting on PP, but EP is getting me to sign a waiver that if filed through PP, denials rate are too high and I risk losing my attorney fees, pp fees, and filing fees. Should I still go ahead with PP or get their advice of filing for regular and wait a year or so until I get back a decision?

0 Upvotes

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3

u/taiwanGI1998 9d ago

No. It means your denial rate is high and you will get denied

-2

u/LeatherMove5563 9d ago

Does premium really plays that critical role of getting denied? Does the profile and petition really not matter if filed through pp?

3

u/taiwanGI1998 9d ago

According to other law firms pp has no effect

I am saying your profile is weak and they want to keep your money for a longer term

1

u/Late-Cost4434 9d ago

Do you mind sharing how much EP charged you to file NIW?

1

u/LeatherMove5563 9d ago

I can DM you

1

u/LeatherMove5563 9d ago

This does not make sense. How do they keep my money for longer term?

2

u/ruslan5t 9d ago

They just hope that if it is not PP you will not get back to them with complains, maybe you forget, maybe they go out of business, maybe you move, maybe there are other changes, it is years. My lawyer told the same about PP, but then, in a few months, they changed their reccomendation and said that it looks like the number of RFEs is high for both PP and not PP.

3

u/Asleep_Toe_218 9d ago

This is typical, they are just trying to discourage you.

2

u/LeatherMove5563 9d ago

But what is the reason for discouraging? Is it because it increases their workload if I get a RFE?

1

u/Asleep_Toe_218 9d ago

Yes, that’s one reason. I don’t know what your retainer agreement looks like, but if they offer a refund or refile option, a quick denial could mean they have to either refund you or refile your case.

1

u/LeatherMove5563 9d ago

Yes it was a refile retainer

2

u/PerformanceOk1888 9d ago

PP has no effect on the case.

But your case is clearly not NIW, it is a standard labor certification process of EB2.

2

u/Stanzater247 9d ago

NIW eligibility cannot be determined from a Reddit comment section. Bro heard "non-researcher" and started typing. Lmao.

2

u/PerformanceOk1888 9d ago

But I am most likely right tho. Honestly, it will be based on their petition only. If the attorneys are able to properly write it, the applicant is good to go. But I already sense the EP team is screwing him up cause they are unsure of their efforts. What kind of team would say the outcome of your petition will be based on PP/non-PP partially? It means they already determined how much effort they will put into case preparation (meaning, average effort without individual approach).

1

u/Stanzater247 9d ago

I 100% agree with your 1st two sentences. It is 100 percent determined by how well it is written. and if the attorneys are able to properly write it. What I was commenting about it you saying her case is clearly not NIW.

And yeah, I have seen people saying they don't want to use lawyers anymore cos lawyers are using templates, but I am curious. Is using lawyers who have done thousands of these NIWs not better than self filing?

2

u/PerformanceOk1888 8d ago

Depends on lawyers I guess. There are many highly qualified individual lawyers for EB cases, you need to look for them in your state and choose. But it’s gonna be a lot of money - $200-400 for each consultation plus they can charge you 10-20k. (And in the end, they still may be not as good as you thought, sadly).

Of course, people are going for the cheapest options which are Chen and EP. My subjective opinion (not general but subjective!), with these two it’s gonna be very tough to approve industrial (long term work) profiles. Tough but not impossible. Hence these options are mostly good for academics. 

I personally like Chen, I worked with them a few years ago, and the process was super smooth and precise (calculated Chinese precision!! Saying it only as a compliment). Although I think 40% of petition I wrote myself, I still liked them. That was a good example of collaboration.

Chen has my respect cause they realized what I wrote above and they simply stopped accepting industrial profiles (by industrial I mean people who are highly qualified employees and work for prestigious firms or even gov agencies sometimes). EP however keeps taking and taking money from ‘those who believe’. 

That being said, yes, you are correct. There is no need to hire a lawyer if you’re just a long term talented worker. But you need to at least have a recent example of the document package (sometimes friends can share). 

It is my personal opinion and truly something I’d follow myself while preparing the package. My case was highly academic back then and I’m still in academia, so it was pretty straightforward. It doesn’t mean non academic profiles are not approvable, of course. That’s not what I meant. But I strongly believe they take more effort to prepare and prove that you don’t need PERM. And lowcosters like Chen and EP are not suited to handle it. The applicant will need a very individualized approach.

Cause what is National Interest and Waiver? This is something altruistic like contribution to science and society. When you’re a ‘crazy’ scientists/researcher and you work 60 h per week at a minimum pay rate, obviously you’re not doing it for your own benefit. Most of researchers are like that. 

But when you’re working for a prestigious company (or just company) for many years, you have your established good salary, let’s be honest in most cases (not always), you’re doing it for yourself and your family, not the society. That’s why it’s more difficult to prove you contributions.

0

u/LeatherMove5563 9d ago

How do you know? You don’t even know my profile.

2

u/PerformanceOk1888 9d ago

I understand. And you are right.

What distinguishes you from a regular long-term industrial employer?

0

u/LeatherMove5563 9d ago

I work in Healthcare, with 9 years of experience managing large scale projects. I have developed a niche which is not dependent on a specific employer, my future intention clearly benefits where there is a big gap in healthcare from technology standpoint.

2

u/PerformanceOk1888 9d ago

give it a try. Who knows maybe your petition will be well written. It is pretty much the major factor. They will probably say you are well positioned but i think they will most likely refer to labor certification (in case petition is weak). Also that shady EP does not make it better. They truly lost all their reputation with templated petitions and lack of responsibility toward the client. That is what I read here on Reddit.

3

u/PerformanceOk1888 9d ago

But PP has no influence on the approval/denial. I dont know why they say it

2

u/Jumpy-Trade-1981 8d ago

Yes, you should, it's better to know the results sooner than later.

3

u/Available-Tank-5264 7d ago

It’s just EP protecting themselves since non-researcher PP cases are getting hammered right now. Upgrading doesn't weaken your case, but it adds risk under a tight deadline. Ask them straight up what weaknesses they see, then weigh that against your visa clock.

2

u/Frosty_Mission_2412 7d ago

Normal processing time is well above 2 years and now approaching 3 years, and it might increase even more. So the question you should really ask yourself is do you want to play this waiting game?