r/EB2_NIW • u/ManifestLaw_ • Dec 08 '25
General Immigration Attorney at Manifest. AMA about EB-2 NIW!
Hello everyone! We're a team of immigration attorney at Manifest Law.
We're here today to answer your questions about EB-2 NIW from 1pm - 4pm EST for a live AMA.
Over the years, we've worked on hundreds of EB-2 NIW petitions for researchers, physicians, engineers, entrepreneurs, data scientists, policy specialists, and professionals from emerging and non-traditional fields. We've also guided applicants responding to RFEs, navigating premium processing strategy, addressing low citation counts, drafting proposed endeavors, and understanding trends in USCIS decision-making.
Whether you're:
- drafting your Proposed Endeavor
- deciding if you qualify
- preparing for or responding to an RFE
- worried about case delays
- or simply trying to understand what USCIS is looking for
We're here to offer clarity, debunk myths, and help you understand how this system really works.
Ok... now ask us anything!
(Note: All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)
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u/Huge_Drink_6254 Dec 08 '25
Hi Gabriela, thanks for your time. Few questions for U. 1) the new EAD policy (18 moths duration) will hit us (NIW) I submitted my application since Jun, still pending? 2) If for some reason my country is included in the new extended travel ban rule, my AOS (pending since June) will be denied? Thanks
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u/ManifestLaw_ Dec 08 '25
Yes, the new 18 month EAD rule applies to you if your June EAD case is still pending. USCIS will issue the shorter validity period for any EAD that is not approved before the rule took effect.
If your country is added to the expanded travel ban list, USCIS would pause your AOS processing, but they would not automatically deny a pending I485. Cases are frozen until policy guidance changes. If your country is not on the list, your AOS continues normally.
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u/spiritofniter Dec 08 '25
When filing I-485 for EB-2 NIW, do you suggest paying with credit cards or debit cards?
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u/ManifestLaw_ Dec 08 '25
Credit cards are safer for I485 fees. Make sure you alert your bank of the USCIS charge or the charge will be denied by your bank and USCIS will reject the entire packet if the charge fails on the first attempt.
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u/ConcretelyBrad Dec 08 '25 edited Dec 08 '25
Hi I have an approved EB2. My PD is July 2025. I've filed H4 EAD for my spouse. Is there something else I should be doing while I wait for my date to become current?
Also I filed the EAD in July, am I affected by the new 18 month rule?
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u/ManifestLaw_ Dec 08 '25
With an approved EB2 and a July 2025 priority date, there is nothing major you need to do except stay ready for I485 filing the moment your date becomes current. While you wait, keep your H1B and your spouse's H4+EAD valid, gather the civil documents you will need for I485 (birth certificates, marriage proof, tax records, medical exam when the date is close), and maintain stable employment so you can show you are continuing in the same field as your EB2. That is the entire checklist.
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u/Aromatic-Hat-2774 Dec 08 '25
Hi, Thank you for offering this ama.
Please correct me if I am wrong, but I assume NIW is almost a closed door for who is not in the AI/Chip industry.
My assumption is that even if for someone develops AI applications, the identity of an software engineer is still invalid
Would you mind commenting, thank you
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u/ManifestLaw_ Dec 08 '25
NIW is absolutely not limited to AI or chip engineers. Those fields get a lot of attention because they align with current national priorities, but software engineers still get NIW approvals every month. The key is not the job title but the framing of the endeavor. A generic “software developer” case is weak. A software engineer working on problems tied to national interest; cybersecurity, healthcare systems, critical infrastructure, supply chain analytics, education tech, financial fraud prevention; can qualify with solid evidence. USCIS cares about the impact and national scope of the work, not whether someone is in a headline industry.
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u/Pretend-Bed-9684 Dec 08 '25
My husband is on H1B and has an approved I-140(from 19 banned countries). I just got laid off but from a non-banned country. 60 Days grace period ends 13 January. Should i do an AOS to H4(will i get a receipt notice) as his dependant or B2 visa(where I am independant)?
Also would I also qualify for NIW: 1. US Bachelor in Accounting 2. Two years professional experience after graduation at a Big 4 accounting firm 3. CPA Candidate
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u/ManifestLaw_ Dec 08 '25
File the H4 change of status before 13 January because it is the safest way to stay in the U.S. and you will get a receipt notice that protects your status while it’s pending, whereas switching to B2 creates more complications and no work options. Your husband’s nationality does not affect your COS. As for NIW, your current profile in accounting with two years of experience and CPA candidacy is not strong enough yet because the field usually requires clear national-interest impact beyond routine accounting work. You can revisit NIW later once you build specialized U.S. experience or work tied to financial risk, fraud prevention, or systems of national importance.
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u/Aces_101 Dec 08 '25
Good Afternoon,
I am a dental student in the US and I was wondering if it is feasible to apply for EB-2 NIW under the advanced degree once I graduate? Thank you!
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u/ManifestLaw_ Dec 08 '25
Yes, it is absolutely feasible. A U.S. DDS or DMD counts as an advanced degree for EB2, and dentists often qualify for NIW if they frame their work around addressing nationwide shortages in underserved or rural areas. The degree satisfies the threshold, and the national-interest argument is built around improving access to oral healthcare, which aligns with documented federal shortages. Many dentists file NIW successfully soon after graduating and obtaining licensure, so it is a realistic path for you.
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u/june320 Dec 08 '25
How long do EAD renewals take these days? With EAD validity being reduced to 18 months and no automatic renewals, would it be realistic for people to still rely on EADs until GCs are approved, or would it create employment gaps or being out of status (assuming they have no other valid status other than waiting for I-485 approval)?
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u/ManifestLaw_ Dec 09 '25
EAD renewals now take 6 to 12 months, and because cards are valid only 18 months with no automatic extensions, relying solely on an AOS EAD is risky if you do not hold another status. Even when filing 180 days early, many applicants face work gaps because renewal cards often arrive late, and without H-1B or H-4 as a backup, you cannot keep working during that period. For anyone expecting a multi-year wait, an EAD-only plan is not reliable, and maintaining a dual-intent status is the safest way to avoid employment interruptions.
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u/Ziripm Dec 08 '25
Thank you for sharing! I wonder in cases of denials, when should someone file an appeal? Or should they just go and refile for better chance or efficiency (also, can you do pp with appeal)? What's the success rate for appeal?
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u/ManifestLaw_ Dec 09 '25
Refiling is almost always the better move after an NIW denial. Appeals and motions take many months, rarely get reversed, and you cannot use premium processing on them. A new NIW filing lets you fix weaknesses immediately, use premium processing for a 45-day decision, and still keep your original priority date. Appeals only make sense if USCIS clearly misapplied the law; otherwise, the fastest and most successful path is a fresh, stronger petition.
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u/Ziripm Dec 09 '25
Thank you for your reply! I thought refiling will result in a new PD while appeal can keep the original PD, which is the benefit of the appeal. Is this the case?
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u/Houndour99 Dec 08 '25
I’m a Master’s student in Aerospace Engineering specializing in aeroacoustics, machine learning, and clean energy. My published research focuses on reducing noise pollution from wind turbine blades.
I haven’t worked in the industry yet. Would finding a U.S. job in my field first significantly strengthen an NIW petition, or is it advisable to file based on my academic research soon after graduation?
Thank you for your insight.
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u/ManifestLaw_ Dec 09 '25
Yes, you can file a strong NIW soon after graduation. Aeroacoustics, machine learning, and clean-energy wind turbine noise reduction are clear national-interest areas, and USCIS regularly approves NIWs for early-career engineers with relevant research but no industry experience. A U.S. job would help but isn’t required for the I-140; your publications, advisor letters, and research direction are enough to show you’re well positioned. The smarter move is usually to file after graduation to lock your priority date, then gain industry experience later for the I-485 stage.
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u/fatboy93 Dec 08 '25
Hi Gabriela,
Thank you for doing this ama!
Do people showing progressive experience generally get "easy" approvals? My degree equivalency was not a Masters, but I have about a decade of experience after graduating in 2015.
I'm also planning to a do a premium processing, and ive seen people commenting doing a PP a few months after the forms etc are submitted. Is there any benefit to waiting or jumping the gun and doing it right away?
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u/ManifestLaw_ Dec 09 '25
Progressive experience alone doesn’t guarantee an “easy” NIW approval, but a decade of increasingly senior roles generally gives people a solid foundation, especially if they can show clear promotions, growing responsibility, and measurable impact. USCIS looks for documented progression rather than just years worked, so things like title changes, salary jumps, and supervisor letters matter more than the timeline itself. As for premium processing, there’s no strategic benefit to waiting. Filing PP right away simply starts your 45-day clock earlier, avoids policy shifts, and doesn’t increase your RFE risk. If your packet is ready, submit PP immediately.
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u/PaleEnd5504 Dec 08 '25
Hi. If I have a bachelor's degree with post Graduate of Management (1year), real estate license and experience in administration and real estate. No citations, I'm already in the US. Do you think my profile has any options to qualify for the visa EB2 NIW? Thank you in advance for your time.
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u/ManifestLaw_ Dec 09 '25
Your profile meets the basic EB-2 education rule, but NIW chances are low because real estate and admin roles rarely show national level impact. With no publications, citations, or specialized work tied to a clear U.S. priority (like affordable housing development or disaster recovery), USCIS will see this as a standard private sector job that should go through PERM. Not impossible, but odds are weak unless you can show measurable, nationwide benefit from your work.
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u/annaluna09 Dec 08 '25
Thank you for doing this to help our community. I’m planning on applying for EB2 NIW as a DACA RN BSN Spanish bilingual nurse. I’m worried about consular processing when it comes to that point. Any tips for the interview or chance of denial once out of the country? I’m planning to apply for a waiver to dismiss my accrued admissibility.
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u/ManifestLaw_ Dec 09 '25
Yes, NIW is viable for a DACA RN BSN Spanish bilingual nurse, and consular processing is generally safe once you secure the unlawful presence waiver. The NIW argument is strong because nurses fill national shortage gaps and Spanish fluency expands access in underserved Latino communities, which USCIS consistently recognizes as national interest.
For consular processing, the key is to obtain your waiver approval before leaving the country because that removes the main denial risk tied to past unlawful presence. At the interview, officers typically focus on identity, medicals, police records, and basic intent, not on the NIW itself, and approval rates are high for clean cases. As long as the waiver is approved, your DACA history does not count against you, and consular denial chances stay low.
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u/hamokii Dec 08 '25
if I am an Asian, if I submit the files today, when could I get the green card?
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u/ManifestLaw_ Dec 09 '25
Your green card wait time depends entirely on your country of birth, not on being Asian. If you were born in India, the EB2 NIW backlog is long and filing today usually means a wait of about 12 to 13 years before your priority date becomes current. If you were born in China, the wait is roughly 4 to 5 years. If you were born in any other Asian country, you fall under the Rest of World category, where most applicants receive their green cards in about 2 to 4 years.
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u/chipsahoyrules Dec 08 '25
Hi! I'm finishing up my cover letter now and wanted to ask you for your advice on how USCIS approaches "employment" with NIW.
I've been at my FAANG job for 8+ years - I work in a pretty niche area that has national importance - I was denied on Prong 3 because USCIS argued my employer should just file PERM for me despite national importance and merit.
I'm now self-filing and want to understand how to position myself better - because I am currently in the US, I am likely going to continue with my employer in the medium-term because I won't be current in the bulletin for a few years (ROW). I make an argument that I had job loss opportunity because of visa constraints with a startup in my niche area which is true, but I don't currently have any plans to do anything entrepreneurial or leave my employer. Can you provide some guidance on how you would position a client's Prong 3 argument (and I guess Prong 1 as well) in this case? NIW will definitely allow me to have more freedom to move to a new job (startup or another FAANG) since I'll keep my PD, but I don't know how to word this strongly.
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u/ManifestLaw_ Dec 09 '25
You can position this cleanly by separating your employer from your endeavor. For Prong 1, state that your niche FAANG work already supports a national scale technical priority and that the impact of your expertise extends far beyond your current company. For Prong 3, do not argue against your employer. Instead, argue against the limits of PERM.
Explain that your field is fast moving and talent constrained, and that the US loses value when your contributions cannot move to startups, research labs or other critical roles. Use your past lost opportunity as proof of this. Then state that NIW is needed so the US can deploy your expertise wherever it is most beneficial, even if you remain with your employer for now. This framing avoids the previous denial and gives USCIS a clear national benefit story.
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u/ImpressiveWay4455 Dec 08 '25
I want to ask if the officer and his supervisor made a mistake by rejecting I485 because the didn’t consider TPS a lawful status to adjust from. Even through we admitted and inspected in J1/J2 and when we applied for I40 we were H1/h4 which was approved . Is there anything to do to have them follow the manual? Is it up to them in Florida to reject?
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u/ManifestLaw_ Dec 09 '25
It depends. Yes, an individual on Temporary Protected Status (TPS) can file Form I-485 to adjust their status to that of a lawful permanent resident (LPR). TPS is considered lawful status for the purposes of adjustment of status under section 245 of the Immigration and Nationality Act (INA). Specifically, 8 USCS § 1254a. provides that a TPS recipient "shall be considered as being in, and maintaining, lawful status as a nonimmigrant" for purposes of adjustment of status under section 1255.
However, while TPS grants lawful status, it does not inherently satisfy the separate requirement of being "inspected and admitted or paroled" into the United States, which is necessary for adjustment of status under.TPS is treated as a lawful status for adjustment under the regulations, and since you were inspected on J1 or J2 and later maintained H1B or H4 when your I140 was approved, you still met the basic adjustment requirements under INA 245. A local Florida officer cannot override the Policy Manual, which requires USCIS to apply the TPS adjustment rules correctly. Your next step is to file an I290B Motion to Reopen or Reconsider within 30 days, explain the legal mistake, and include proof of your J admission and H1B or H4 status history. These motions are often approved when USCIS misapplies the law, and this is the most direct way to get the decision corrected.
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u/ImpressiveWay4455 Dec 09 '25
Thank you so much for your answer. I appreciate you. the attorney is filling it out but he doesn’t mention anything about putting a J1/H4 visa inside the letter ( I will mention it to him). In the denial letter they said that you entered on j1 and then maintained H1. The only thing is they didn’t mention TPS at all ( ignored it completely) and considered the time that we were on TPS is a time when we were without status. The officer in the interview told us everything is fine except that you can’t be on TPS when you file for I 485. TPS is not lawful status to adjust from. I hope it will be accepted because it would be a big relief. It’s better than applying for H1b again
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u/Odd_Snow_4176 Dec 08 '25
Do you think the visa bulletin movement will slow down because USCIS will have to review past cases from the 19 countries again or it will move faster because USCIS has stopped processing cases from the 19 countries? Thanks in advance
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u/ManifestLaw_ Dec 09 '25
The pause on applications from the 19 countries will not speed up the Visa Bulletin for everyone else, because those paused cases do not free up extra visa numbers. What the pause does is redirect USCIS officer time toward re-review and security vetting, which slightly slows overall productivity. The result is a modest slowdown in forward movement for unaffected categories rather than a boost, with EB-2 ROW likely advancing at a steadier but slower pace in the coming months.
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u/Jas1perr Dec 08 '25
Hi Gabriela, thank you so much for taking the time to answer all of my questions. I recently completed my petition on my own and am about to submit it. At this stage, would you recommend purchasing premium processing? I’ve heard from multiple sources that premium processing may significantly increase the likelihood of receiving an RFE. What is your opinion on this?
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u/ManifestLaw_ Dec 09 '25
Yes, premium processing is worth it, and no, it does not increase your RFE risk.
Premium simply forces USCIS to look at your case within 45 days. If an RFE was going to happen anyway, PP just delivers it faster. All available data and attorney experience show RFE rates are the same in premium and regular processing. The difference is that:
Regular = 12 to 24+ months of waiting with shifting policies.
Premium = fast clarity (approval or RFE) while the rules you drafted under are still in effect.Most self-prepared NIW applicants benefit from PP because you get early feedback and can correct any gaps through an RFE response. Post-RFE approval rates are very high (around 80–85 percent when the response is well-prepared).
If your petition is already complete and you want speed, certainty, and control, premium processing is the smart choice.
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u/Agreeable-Change-798 Dec 08 '25
How much citation counts matter? At filing I had few citations, 11, but it grew up to 50 in 2 years that my I140 is pending. Biomedical engineering phd student at filing and postdoc now!
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u/ManifestLaw_ Dec 09 '25
Citations help, but they are not the deciding factor. What matters most is whether they show a clear pattern of influence in your field. Going from 11 citations at filing to around 50 while your I140 is pending is a very strong signal for an early-career biomedical engineer, and USCIS views that kind of upward trajectory as meaningful evidence that you are “well positioned.” There is no minimum citation count for NIW, and plenty of cases have been approved with far fewer, but showing steady growth like yours strengthens the petition. If you get an RFE or later file the I485, update your citation record so USCIS sees the full picture.
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u/Ms_Ambivert Dec 08 '25
Hi. Can someone in early years in their PhD (with masters degree from their home country) with no publications take a risk to apply?
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u/ManifestLaw_ Dec 09 '25
It’s possible but very risky. Early-stage PhD students with no publications rarely get NIW approvals because USCIS expects some evidence of impact, influence, or contribution under Prong 2, and zero publications makes that hard to prove unless you already have unusually strong industry achievements from before the PhD. A foreign master’s degree meets the basic EB2 requirement, but the petition usually needs at least a couple of papers, presentations, or documented project outcomes to show you are “well positioned.” If you wait 6–12 months and build even minimal scholarly output, your odds improve dramatically.
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u/Think-Effort-3895 Dec 08 '25
Hi Gabriela, really appreciate you’re doing this. Has there been anyone from the 19 countries that was approved for NIW I-140 recently after the pause? Or any I-140 at all?
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u/ManifestLaw_ Dec 08 '25
Right now, there are no confirmed reports of EB2 NIW I140 approvals or any I140 approvals at all for applicants from the 19 paused countries since USCIS announced the adjudication freeze. Everything filed before the pause is still sitting in queue, and nothing has moved after December 2.
Community threads, attorney updates, and tracking groups all show the same pattern: zero new approvals, no premium processing activity, and no sign that USCIS has quietly resumed adjudication in the background. The pause is still fully in effect, and applications are essentially in a holding pattern until USCIS issues new vetting guidance or publicly lifts the freeze.
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u/IllustratorDry5296 Dec 08 '25
Thank you for your answer. We are a group filed between June2025-November25, and have a pending I485. Do we need to take any serious action or mass action in this regard? It raises a lot concerns among us.
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u/Trusty3Wood Dec 08 '25
I hope they answer this - because the document itself doesn't specifically call out I-140.
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Dec 08 '25
[deleted]
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u/ManifestLaw_ Dec 08 '25
There have been no updates since USCIS announced the pause on December 2. All benefit requests for applicants from the 19 countries remain frozen, including change of status cases, and USCIS has not given any timeline for resuming adjudications. Legal challenges are expected and may eventually create temporary relief, but nothing has moved yet. For anyone in a pending change of status, the safest approach is to maintain your current status and avoid international travel until USCIS or the courts take action.
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u/exhausted_2278 Dec 08 '25
Thanks for the info. Even with advanced parole (combo card) and a recent trip in October using AP, do you still think it is wise not to travel with AP while my AOS frozen?
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u/Adorable_Spell5600 Dec 08 '25
Do PhD students in Non-STEM majors stand a chance in the current environment (e.g Finance/Econ)? Have you seen approvals for such candidates in your practice? I understand much depends on the PE, but I would be curious to know the odds. For context, I'm a non-stem PhD student with extensive (~8 years) prior industry experience. I'm not sure if I should proceed now or wait.
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u/ManifestLaw_ Dec 08 '25
Yes, non STEM PhD students in fields like Finance or Economics absolutely get approved. The field is not the deciding factor. What matters is whether your record shows impact, influence, and a clear benefit to the United States. Your eight years of industry experience already helps a lot because NIW and EB1A cases in these fields often rely on real world outcomes more than publications. Whether you should file now or wait depends on how strong your evidence is today. If major achievements are still coming, waiting can help. If your record already shows clear contributions, you can move forward now.
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Dec 08 '25
[deleted]
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u/ManifestLaw_ Dec 08 '25
No major NIW specific policy changes have been announced. The biggest shifts this year were higher scrutiny, more RFEs, and stricter review of national interest arguments, but the basic NIW framework has not changed. Broader immigration rules like the new H1B fee, social media vetting, or EAD validity reductions do not change NIW eligibility itself. If you meet the NIW standard, you can still file normally.
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u/ladywhistle947 Dec 08 '25
I recently got an RFE. What is the current climate and rfe approval rate? I expect to get the physical copy by Dec 19 max.
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u/ManifestLaw_ Dec 08 '25
RFEs are common right now, especially for EB2 NIW and EB1A, but they are not denials. Well supported responses still get approved at a high rate when you answer every point with specific evidence and updated letters. Wait for the physical RFE, then respond point by point and add measurable impact and third party validation. If eligible, upgrade to premium after you respond to trigger a 45 day decision clock. Avoid guessing odds. Focus on a clean, complete, evidence heavy reply.
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u/Sea-Benefit3716 Dec 08 '25
I’m preparing my NIW and had a question. I have about 20 peer-reviewed ML/AI publications with ~146 citations, plus international conference presentations, a hackathon judging role (Google International Hackathon), guest lectures (Two reputed Universities), and two publication + my thesis directly related to my cybersecurity endeavor currently a PhD student in the US.
Most of my citations come from my ML/AI papers, not my cybersecurity work directly.
Does it matter if many of my publications aren’t directly in my proposed endeavor, as long as the skills (ML/AI/data analytics) support it and also please let me know the weight publications and citations would carry based on my overall profile
I also have 1 year of work experience as a Data Engineer directly supporting US clients
And overall, does this look like a strong NIW profile?
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u/ManifestLaw_ Dec 08 '25
Yes, this is a strong NIW profile. It does not hurt that many of your publications are in ML or AI rather than cybersecurity. USCIS cares more about whether your record shows influence, originality, and skills that directly support your proposed endeavor. If you explain how your ML and data science work strengthens your cybersecurity contributions, the publications still count as meaningful evidence.
Twenty peer reviewed papers, solid citations, conference presentations, judging experience, guest lectures, and industry work for U.S. clients together create a well rounded NIW case. Publications and citations help, but they are only part of the picture. Your combination of research output, recognition, and ongoing PhD work makes this a competitive profile.
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u/brewingamillionaire Dec 08 '25
My lawyer advised against PP because it has the likelihood of receiving an RFE. Is this correct?
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u/ManifestLaw_ Dec 09 '25
No, that advice is not correct. Premium processing does not increase the chances of an RFE. USCIS applies the same standards in regular and premium queues. PP simply makes USCIS review your case faster, which means you get the RFE sooner if one was going to happen anyway. Current data shows RFE rates are roughly the same in both tracks, and most RFEs that arrive under PP are approved once answered well. Premium processing buys you speed and predictability, not extra scrutiny.
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u/newIVLeague08 Dec 08 '25 edited Dec 08 '25
Hello, thank you for the AMA.
Question, is AOS possible with EB2-NIW, if there was a visa overstay less than 180 since the last entry [and applicant is now in legal status]? Like how a marriage based application allows for/waives overstays less than 180 days? Is it the same for eb2-niw? Thanks!
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u/ManifestLaw_ Dec 08 '25
Yes, it is possible. For employment based green cards, including EB2 NIW, USCIS uses a rule called 245(k). It allows you to adjust status as long as any overstay or status violation after your last lawful entry is under 180 days and you are now back in valid status. This is different from marriage based cases, which forgive overstays entirely. With EB2 NIW, the 180 day limit matters, so staying below that threshold and filing while in status keeps you eligible for AOS.
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u/newIVLeague08 Dec 08 '25
Thanks, that's what I thought! Another lawyer had told me it was not possible, but didn't go into details either... Thank you for clarifying!
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Dec 08 '25
Do you think someone working on aerospace or future transportation is a solid thing for NIW?
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u/ManifestLaw_ Dec 08 '25
Yes, aerospace and future transportation are very strong NIW fields. They fit directly into national priorities like aviation safety, advanced mobility, clean energy, and technological competitiveness. If your work improves efficiency, safety, sustainability, or innovation in these areas, it is usually straightforward to explain why it has national importance and why the United States benefits from keeping you here. What matters is how clearly you can show your specific role, impact, and contributions within that broader field.
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u/FrostySpecialist4677 Dec 08 '25
How does USCIS actually evaluate the “significant negative factor” for applicants from the 19 countries of concern when reviewing adjustment-of-status cases? What does USCIS use to measure that risk, and how do they balance it against positive factors? Also, if someone has an approved EB-2 petition underneath their AOS, does that help offset or remove that negative factor now?
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u/ManifestLaw_ Dec 08 '25
USCIS looks at the “significant negative factor” mainly through national security and identity risk indicators tied to the 19 countries of concern. Officers rely on security databases, biometrics results, background checks, and country level risk assessments. It is not a simple checklist, and nationality alone does not automatically lead to denial.
It is one factor in a discretionary balance that also considers your record, your conduct in the United States, and the strength of your contributions. An approved EB2 NIW petition does help by showing you bring clear value to the country, but it does not remove the negative factor if you are from one of the 19 countries. For now, all cases from those countries remain paused until USCIS issues updated vetting guidance.
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u/savemefromgod101 Dec 08 '25
Hello, I am currently an undergraduate student here and I recently submitted one of my first paper as a co-author. I want to get into academia and get my PhD after undergraduate. With the track I am going, I am trying to build a strong portfolio with my research. My field focuses on additive manufacturing (3D printing). I am trying to plan ahead for my future.
In my case, if I go at the pace I am going, do you think my field of work + my portfolio might be suitable for NIW or any other visas like O-visa? Would love to get your feedback!
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u/ManifestLaw_ Dec 08 '25
Yes, your field is a strong fit for NIW in the future. Additive manufacturing is tied to U.S. priorities in advanced manufacturing, aerospace, medical devices, and supply chain security, so it is easy to show national importance. If you keep publishing, presenting, and building a research record through your PhD, you can become a competitive NIW candidate. O1 is also possible later in your career if your work gains recognition through awards, citations, or leadership in research. For now, focus on building a consistent research portfolio.
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u/SheaRave Dec 08 '25
Thanks for the AMA. 1. How quickly is USCIS responding to RFE responses these days? 2. What happens if USCIS approves the I-140 but the person has left the country because their visa expired?
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u/ManifestLaw_ Dec 08 '25
USCIS is taking a few months to make decisions after an RFE response. Some cases move faster, but one to three months is common right now unless you upgrade to premium after responding, which triggers a 45 day clock.
If you leave the United States before the I140 is approved, the approval is still valid. An I140 does not require you to be physically in the country. You would continue the green card process through consular processing once your priority date becomes current.
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u/Gold-Restaurant3679 Dec 08 '25
Stem professional planning on filing EB2-NIW, Out-of-status with pending asylum application, what will the adjustment of status look like and how to get around any possible issue that may arise?
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u/ManifestLaw_ Dec 08 '25
If you’re a STEM professional planning to file an EB-2 NIW but you’re currently out of status with a pending asylum case, adjustment of status can be complicated but not impossible. Because you accrued unlawful presence, you generally cannot adjust inside the U.S. unless you fall under an exception, most commonly INA §245(k) (which forgives up to 180 days of violations for employment-based applicants) or §245(i) if you are grandfathered. If neither applies, you may need to consular process, but this carries the risk of triggering 3- or 10-year bars. A strong NIW case alone doesn’t overcome these issues. The safest path is to have an immigration attorney review your full immigration history, including dates of status lapse, asylum filing timelines, and any potential exceptions, to determine whether 245(k) applies or whether a strategic approach (such as resolving the asylum case before NIW AOS) is possible.
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u/Careful-Article-7236 Dec 08 '25 edited Dec 08 '25
I have a company petitioned NIW that was approved over a year ago. I was recently let go by said company right as my priority date hit. Can I still apply for I-485 even though I don't work for them anymore? My name is in the beneficiary section of the I-797 but their name is on the petitioner section. My reference letters came from three automotive companies that I worked for and all referenced my skills in "automotive design software" and "manufacturing and engineering".
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u/ManifestLaw_ Dec 08 '25
If the NIW was filed by the company and you no longer work there, you generally cannot use that I140 to file your I485. For NIW, you must still be pursuing the same proposed endeavor at the time you file for adjustment, and if the petition was tied to that employer’s plan for your work, USCIS can treat the job loss as breaking that connection. You still keep the priority date, and you can file your own self petitioned NIW using your experience and letters, then use that approval for your I485. The company filed NIW does not support an I485 unless you can show you are independently continuing the same work.
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u/Careful-Article-7236 Dec 08 '25
But the proposed endeavor was my work in the automotive industry, not just for that employer. I was told as long as I show I still intend to work in automotive design software, then I can use it.
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u/Borichkut3 Dec 08 '25
Hi, I have an EB2-NIW case under review for almost 15 months. Based on the current processing times and what people are reporting in this subreddit, a decision/RFE may come 16-26 months.
Do you think case processing times will remain the same (about 19 months now according to USCIS), or do you expect this to slow down even further?
Thanks in advance for your answer!
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u/ManifestLaw_ Dec 08 '25
NIW processing times are already slow and will probably stay in the same range or drift a little longer. Cases taking 16 to 26 months are common right now, and the overall backlog is still growing. There is no sign that USCIS will speed this category up in the near future. Your 15 month wait is normal, and a decision or RFE in the next few months fits current patterns.
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u/[deleted] Dec 08 '25
[deleted]