Some H-1B workers in that situation might consider the possibility of EB-2 NIW. What can be done in such situations? It is hard to say. These are people who really need to be thinking about their limited H-1B time ticking. So, these are people who got their first H-1B in 20, pre-pandemic. Note: There is no indication that PERM processing times will improve in 2024, meaning if you are filing a PERM application now (Dec 2023), it might not get approved until Dec 2024.įor foreign nationals in the US in H-1B visa status, and whose PERM application is pending, and who do not already have some kind of I-140 approval from a prior employer, the risk is that something might happen to their job in 2024 and they would run out of H-1B time without getting an approved I-140. That was 359 days for DOL processing (11 months, 24 days). Approved by US Department of Labor on Dec 22, 2023. Filed with US Department of Labor on Dec 28, 2022. Hope plays a big part in preventing that reconciliation-with-reality from happening - immigration after all being mostly a game of hope and emotions. One would think that with information being so freely available now, the time lag between reality and behavior would shrink - say, visa bulletin trends reflecting in student numbers - but it doesn't seem to be the case. Canada's present-day realities are even further behind from being reflected into life plans of potential immigrants as well. That's why there are STILL record numbers of international students arriving in the US from India - because the new reality of US immigration has not yet made its way into real life decisionmaking in India (the reality being that 95% of Indians arriving today will never get a green card in their lifetimes) - and they're operating on the pre-2005 mental models. When it comes to immigration, there is a couple of decades of lag between a trend emerging and a population of potential immigrants adjusting their behaviors and decisions to respond to that trend.
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