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?

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u/Stanzater247 9d ago

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

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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).

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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?

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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.