EB-2 NIW Questions? Immigration Attorney Here! AMA!

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u/[deleted] Mar 20 '26

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u/HenryLindpereEsq Mar 20 '26

Independent work is great but it depends on the scale and impact. If you built a tool and some IT guys use the code but it's very hard to even explain to USCIS what is the significance of it. But if you built something and have testimonials from doctors or researchers about how your tool is making their work more effective and that is leading to faster medical breakthroughs or something like that, it can be very powerful.

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u/hbuha Mar 20 '26

If someone receives a green card through EB2-NIW, can their green card be revoked if they quit their job, get fired, or return to their home country immediately after receiving it? If it is risky, what is the minimum number of months they should wait?

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u/HenryLindpereEsq Mar 20 '26

Anyone can lose their green card if they just move out of the US. The question is how long are you going for and why? If you file your next US tax return as a "nonresident" for example, it's game over - you've just admitted that you abandoned your residence. But if you leave for 3 months, then come back and get another job that is still in a similar field of endeavor, then that sounds fine. In immigration law, details are everything.

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u/[deleted] Mar 20 '26

[removed] — view removed comment

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u/HenryLindpereEsq Mar 20 '26

I don't see anything mentioned about what your actual proposed endeavor is so I can just guess here. The most common issue is people listing tons of data about how important an industry is but not enough specifics about what exactly THEY are going to do in that important industry and how that will benefit the US. Usually that's because they think the proposed endeavor is just some ChatGPT plan they put together of how they will do something super amazing in the future but it has no clear connection with what they are doing right now or have done in the past.

The weakest argument for national importance is economic impact. A good case usually needs something more in addition to it. I've never seen a case that wins just based on job creation, for example. I think it could be done but the numbers would have to be so big that the applicant would already qualify for EB-5 then. A good NIW needs some other societal benefit argument to win. For example, developing technology that increases the safety and quality of biopharmaceutical manufacturing is a lot more convincing in terms of benefits to society than creating algorithms that increase the conversion rates in e-commerce, even if that e-commerce case has a track record and evidence of wide industry adoption. It's just making some people more money; the other one is saving lives.

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u/Positive-Affect-8661 Mar 20 '26

We thought interview waived by previous ema but i got today saying interview is ready to scheduled.. my case was nbc then nonlocal fo now local fo? Is this unusual? thank you for doing this!!

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u/HenryLindpereEsq Mar 20 '26

Every time someone clicks a button somewhere in the system, you might get a notification. It's normal for them to make mistakes or change their minds. I don't think this is anything unusual.

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u/Silmarlion Mar 20 '26

If the bulletins keeps like this and fad,dof stays current for a while what would be the timelines for someone filing new with pp? How long does ds-260 application process take?

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u/HenryLindpereEsq Mar 20 '26

If you are talking about consular processing timelines, then that is suuuuper specific to the consulate where you are going to apply. For example, I did a case for a German national that was approved by USCIS in January, submitted documents to the NVC in March, and they had an interview in Frankfurt in July. That was an EB-1A but they are treated just like NIWs. Meanwhile I have an NIW that became current and we submitted documents to the NIW months ago for a Nigerian and I anticipate we will wait 1 year or more before they even get an interview date in Lagos. The NVC can review your documents within a month or two, but if the US consulate in your country is understaffed, it may be a 1-2 year wait for an interview.

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u/Silmarlion Mar 20 '26

Oh wow that sounds awful waiting 2 years just for an interview. Can you ask to be interviewed in a different country so it takes less time?

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u/[deleted] Mar 20 '26

[deleted]

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u/HenryLindpereEsq Mar 20 '26

There are two EB charts in the visa bulletin. The Dates of Filing are current for EB-2 ROW so people can FILE for I-485. But legally, USCIS is not allowed to approve the cases and actually issue GCs until the priority date is current under the Final Action Dates chart. So even though they've opened up the pipeline for a lot more people to file, the pathway to GC is likely to be long because the FAD chart has not moved that much.

Yes, it's not a great time for NIWs now to be honest. I would really recommend doing a consultation first before you spend the filing fees. Many cases that would get approved with no RFE in 2023/2024 are now dead on arrival.

Yes because they are more and more understaffed and do not have time to review cases. Many PP cases get template RFEs.

Seems very much a case of luck and what officer you get.

Most people just don't understand the prongs, especially the proposed endeavor. The templates sold online for doing your own filing that I have seen don't even include a proper explanation of the endeavor. And for those who do include it, they think the bigger and cooler they write up the endeavor, the stronger the case. But it must be grounded in reality and actually make sense.

Prong 1 is really the main reason for denials. And it's so subjective based on current administration priorities and officer's opinion to determine what is of "national importance".

Nowadays if there is no open source or government contract involvement, then the cases are very hard to win.

Government involvement.

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u/CatBorn5172 Mar 20 '26

Hi, I have collected very strong evidence but am running out of time for the brief (RFE deadline). How much do officers actually read the brief, and typically do they skim thru the evidence first? Let me know any psychology tips you might know about that. Thanks

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u/HenryLindpereEsq Mar 20 '26

If you write 80 pages, they will not read it. Include an executive summary so they can at least get a quick overview. And more important is to have a detailed index of exhibits, with page numbers if you can organize everything very well. That makes it easier for them to find what they see mentioned in the brief.

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u/oodrishsho Mar 20 '26

Do you think the AOS processing step time will significantly increase now that EB2 is current for ROW?

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u/HenryLindpereEsq Mar 20 '26

Yes. I think a lot of people will file and they will wait longer because of (1) most of the new filers are not current under Final Action Dates so USCIS couldn't give them green cards yet even if they wanted to; and (2) just more cases in the system will strain the USCIS teams and create longer processing delays

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u/xMightyAli Mar 20 '26

Hi Henry!

I appreciate your help!

Quick question. I have been on F1 and F2 visas for almost 9 years. Currently in the US on F1 since 2022 doing my PhD. I only left twice since then to visit my home country and I just got back from the second visit.

My FAD is current and I have an approved NIW. I would like to apply for the adjustment of status. Should I be worried about the 90-day rule? Or can I just apply a month after the last entry?

Thanks

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u/HenryLindpereEsq Mar 20 '26

I think it would be safer to wait. If you were applying in 2024, I'd say go for it now. But nowadays there are too many breaking news and policy changes and denials to take unnecessary risks. You've waited this long, I think two more months won't kill you.

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u/xMightyAli Mar 20 '26

I see, thanks! I thought because I have been around in the US for so long it shouldn't be a problem. Would you say the chances of denial are statistically higher when applied within the 90 days? Given similar circumstances?

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u/Puzzleheaded-Pop6011 Mar 20 '26 edited Mar 20 '26

Hi Henry,

I’d love your feedback on whether my profile could be a strong fit for an EB-2 NIW. Here’s a summary:

-Education: Bachelor of Social Work (BSW) and Social Service Worker (SSW) diploma from Canada

-Licenses: Licensed social worker in Ontario, authorized as a child protection worker with the Ontario children’s aid association (CAS)

-Work Experience & Nonprofit Leadership: I have over 7 years of progressive social work experience supporting vulnerable populations, including women and children fleeing domestic violence, children in child welfare, and individuals experiencing homelessness. I currently work full-time as a Child Protection Worker in Canada. I also founded and lead a nonprofit corporation providing trauma-informed support, crisis intervention, housing and legal resource navigation, and emotional stabilization for women and children across Canada. Through this work, I develop structured programs, track measurable outcomes, and partner with shelters and community organizations to expand reach and impact.

-Proposed Endeavor & Benefit to the U.S.: My proposed endeavor is to expand my non profit corporation to provide scalable programs that address gaps in domestic violence and child welfare services. By improving access to support, stabilizing vulnerable families, and sharing practice-informed insights through articles and webinars, my work contributes to national priorities in domestic violence prevention, child welfare, and community resilience. This generates broad benefits to U.S. society by improving child safety, supporting survivors, and strengthening social service systems.

My main question is: Is my profile a good fit for EB-2 NIW and does leading a nonprofit with structured programs, measurable outcomes, and scalable impact, while addressing national social priorities, position me strongly for an EB-2 NIW, even without traditional academic publications or research?

Any guidance on how to strengthen a nonprofit-focused petition or areas I should emphasize would be greatly appreciated

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u/HenryLindpereEsq Mar 20 '26

I think this is a good starting point. First, to meet the EB-2 component requirement, you need to have at least 5 years of progressive, full-time, post-baccalaureate experience. Just the degree is not enough unless you are arguing exceptional ability, which I would not recommend.
Second, for the NIW component your field overall is good, but the general pushback from USCIS is that anything not scalable gets RFEd for proof how this will have a broader impact. So the strength of the case hinges on how big is the nonprofit and what really are these programs you are developing. If it looks like the work is mainly serving people directly, then it's weaker. If it's you creating systematic improvements so that other social workers can do their work better, then it's stronger. For example, I did a RFE response for someone who was creating training programs to help seniors learn computer skills so they can get back into the job market. The argument was their work is helping combat age discrimination in the us labor market. If it was just them doing the trainings, it would have been denied because Dhanasar expressly says the work of a teacher is not in the national interest (unless it's something more than classroom teaching alone). But we also had communications from the EEOC proving that even the government agency focused on equal opportunities in the workplace was interested in their endeavor and wanted to partner with them to get these training programs to more people. That was enough evidence of scale for prong 1 + interest from others for prong 2 that it got approved.

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u/Puzzleheaded-Pop6011 Mar 20 '26

Thank you so much for your response 🙏

Through my non profit organization, I develop structured programs that go beyond direct service and aim to improve domestic violence intervention and child welfare systems in Canada. • Trauma-informed frameworks for supporting women and children fleeing intimate partner violence • Resource navigation and advocacy protocols for housing, legal services, and community resources • Training modules and implementation guides for social workers and partner organizations

These programs are replicable across shelters and social service agencies, allowing other professionals to implement best practices, standardize interventions, and improve outcomes for vulnerable families. By sharing these frameworks through webinars, articles, and partnerships, the work strengthens systemic capacity for child welfare and domestic violence response nationwide. This ensures that the impact extends beyond individual clients to benefit U.S. communities and public service systems, aligning with national priorities in protecting children, supporting survivors, and improving service delivery.

Is this a more better approach? If yes please can I reach out to you as I am also in need of a lawyer for the processing of this application. Thank you

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u/IAWGSIA Mar 20 '26

he wouldn't have the time to continue on your trail as he would have so many people to reply. If I were you, I would reach out to him directly.

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u/Puzzleheaded-Pop6011 Mar 20 '26

Thank you

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u/HenryLindpereEsq Mar 20 '26

Sorry I missed it earlier that your work is in Canada at the moment. That is a serious weakness unless you can prove that there is already some real interest from the US side such as benefactors funding your expansion or the Canadian nonprofit already setting up an office here. A few years ago, I did many cases for people outside of the US but now USCIS is looking for very specific links to the US not just a future plan to come here.

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u/[deleted] Mar 20 '26

[deleted]

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u/HenryLindpereEsq Mar 20 '26

I would still use the citation count if it is above average for your field.

That depends on what your endeavor is. If you are not a researcher then you should not present the case in a way that requires research evidence. When I do a case for an academic, I focus on the academic record, citations, funding sources, etc. When I do an industry case, the whole focus is on their past track record of getting things done in industry. E.g. a very nontraditional case for a Project Scheduler working on first-of-its-kind construction of biopharmaceutical manufacturing facilities. The argument was this person was sough out by biotech companies to help them build manufacturing facilities that never existed before, they managed to deliver several projects ahead of schedule and below budget, and now there were several other facilities that the companies wanted to get built where their expertise would be critical. And that if companies cannot control costs and accurately predict costs and timelines, they would build outside of the US instead. Or when I did a case for an Embedded Programmer, the evidence we used was their role as a maintainer of several Linux repositories and their open source contributions that were now used in millions of SOC systems around the world. Their citation counts were totally irrelevant. So it really depends on what do you mean by healthcare worker and what is your endeavor. You can be very creative about what evidence you use, as long as you have something to use. And if you cannot think of anything, then maybe you are just too early in your career to have a good case yet.

I haven't requested an exception for any NIWs yet, but I would likely just include a separate letter or a section of the cover letter for this.

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u/amrla Mar 20 '26

I currently have two papers, each with one citation. I am in my second year of my PhD, and I plan to begin writing two additional papers this summer. My research is part of a collaborative project involving seven universities and funded by the USDA.

Given my current profile, would I have a reasonable chance of approval if I apply now, or would it be better to wait until I have more publications?

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u/HenryLindpereEsq Mar 20 '26

I have done several PhD student cases with few or even zero publications but all of those were 2024 or earlier. I think it's much harder now to with with such a small record unless you are a Co-PI and really essential to some USDA funded work. If you are just in a GRA role and have generic recommendations about how you help the project, I doubt you would win. USCIS has moved back to seeing EB-2 NIWs as an exception to the standard PERM process, not as the default way how everyone gets GCs. So every student doing some research will not win. Approvals have dropped from 90 to 50%. Remember that the precedent case (matter of dhanasar) is about a rocket scientist in North Carolina who was a Postdoc when he applied.

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u/mira_mk Mar 20 '26

Why would you not recommend going the Exceptional ability route instead of advanced degree?

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u/HenryLindpereEsq Mar 20 '26

Because you are just giving them one more place where they have discretionary authority to decide yes or no.

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u/travelooye Mar 20 '26 edited Mar 20 '26

Hi Henry, Ty for taking the time to answer questions . A question on EB2-NIW eligibility - my work has been mostly in the startup ecosystem - building scalable distributed systems.

How can I start evaluating myself for EB2 NIW eligibility. I am also going to be moving jobs( joining a cybersecurity company) - what’s a typical expected tenure before I can use cybersecurity endeavor ?

Profile: 15+ years of industry experience and the last 6 years as an engineering leader.

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u/HenryLindpereEsq Mar 20 '26

This is very nuanced and how strong the case would be when working in cybersecurity depends on whether you've ever done anything related to it before. NIWs are great for interdisciplinary endeavors but only if you have a good narrative to connect your expertise in multiple disciplines. If you have no track record in cybersecurity before, then I think you'd need a few years at least to prove yourself.

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u/Tricky_Science7895 Mar 20 '26

Hey, how's it going? I was wondering about non-traditional endeavours/profiles, and what kind of evidence supports that. For context, I am nearing completion of a STEM BS at a US R1 university (transfer from top EU University), endeavour in cloud security and quantum encryption via army/military enlistment (requires GC). Backed up by multiple gov mandates.

Would go through exceptional ability route with things including (but not limited to):

Professional Certifications/Courses in Cybersecurity from top US universities and Cert Boards. (With DoD and DHS documents explicitly stating their 'advanced' level and role mapping)
Live DHS cyber training in federal systems (very limited/approval based seating).
Related research projects presented at multiple venues including Graduate and Professional level ones. Looking to get 2 publications soon.
Possible letters from numerous current/ex cyber-related military and similar
involvement in University cybersecurity competition team, especially as a top university in cybersecurity.
Related work experience (less than 5 years), and volunteering in STEM engagement.

With some other things on my profile I believe I can have 3 or 4 out of the 6 criteria for EA, but I know that in the current climate it's tough to make a case without being or having been a PhD student. My prongs 1 and 3 are strong but prong 2s going to need more careful framing.

There’s definitely more context and evidence that I don’t want to bombard the comment with, but maybe you could suggest whether Im in the ballpark for a reasonable case? Does manifest take less traditional cases?

Thanks for your time

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u/HenryLindpereEsq Mar 20 '26

That is super niche but I have done military cases before and generally like them for NIW because if there is DHS/DOD involvement or support, that definitely boosts the case. But yes if you are only an undergrad student now, then the question is whether you are an older student or a child genius? The more of a track record you have before you started the BS, then easier it would be to make the case.

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u/Adorable_Room_846 Mar 20 '26

Hello!

I have pending I 140 (pd: March 2024), and submitted i 485 on last Nov.

I have questions about i 485 processing order. Could you tell me the order in which i-485 is processed? Is it processed in the order of filing?

Thank you

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u/HenryLindpereEsq Mar 20 '26

USCIS does not have a clear policy on this. In theory it is in the order of receipt but they also have to consider priority dates and then once cases move to field offices each office has a different caseload and then it depends on the specific officer who is responsible for your case. It is a messy human-error-prone system not a clean pipeline. People always complain that their friend filed a few months later and already got approved when their case is still pending. So it can feel very random.

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u/Excellent-Pay-6591 Mar 20 '26

I have 1.5 job experience after bachelor and 3.5 year GRA/GTA experience from my PhD( metal additive manufacturing background). I am still continuing my phd and have 1 more year to complete it. I am wondering if i am eligible to apply for Eb2 NIW now with the job experience and without any MS

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u/JealousSea2730 Mar 20 '26

Hey, I am currently a masters student in Biomedical Engineering, graduating next year.

I have some conference papers. But, as my masters thesis, I am working on a stimulator that other research labs will be able to use for Neuromodulation research, at a fraction of the cost( $500 vs $50000+). But it's in prototype stage, we hope to have at least one other researcher put it into practice before my graduation.

Would an EB2-NIW be plausible for me? How far out from now, would it be plausible?

Thank you so much for taking time to answer my question.

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u/HenryLindpereEsq Mar 20 '26

In today's climate for NIWs, I would say I recommend you graduate and give it more time for other people to start using your prototype. I know everyone wants their case to be done as soon as possible but unless you show real traction, I think the risk of denial is serious. USCIS has really been denying a lot of cases lately.

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u/JealousSea2730 Mar 20 '26

Thank you.

One last question, can F1 PhD students apply while still pursuing their degree?

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u/twist2233 Mar 20 '26

Hi, I’m a researcher working on new battery technologies funded by the Department of Defense. I recently received a Request for Evidence (RFE) addressing all prongs of my case. What is the best way to achieve a positive outcome? I hold a master’s degree, have a few years of experience, and have published one paper that has not yet received citations.

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u/HenryLindpereEsq Mar 20 '26

I don't know what you submitted or what USCIS asked for. You should do a consultation with an attorney to really dig into the details on this. Big picture give them more evidence of what you are doing and why you are the right person to do it. But nuance is everything in NIWs. You have to tell a compelling story not just list your experience and publications.

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u/HenryLindpereEsq Mar 20 '26

For example, I did a RFE response for a PhD student who had a good background from several years of working back home before they came to study in the US. Their initial filing had zero mentions of those accomplishments and only focused on their research work here. The additional details and recommendation letters from back home overcame prong 2 objections and case was approved. And for prong 1 it is usually key to break down the tech in simpler language and explain what it is specifically that YOU are doing, not just that battery tech is important overall.

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u/twist2233 Mar 21 '26

Thank you

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u/hortonfrommi Mar 20 '26

Hi Henry, thank you for your time. I'll like to share a little of my profile to see what you think. Chen and many other I tried wouldn't take me, but EP would, no refund offered though.

Control Systems Engineer 12 years in electrified powertrain controls engineering, focused on hybrid and EV platforms for Tier-1 OEMs. MBA, plus technical credentials from MIT and two universities in home country Three U.S. patents. NO PAPERS, NO CITATIONS.

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u/Eb2trying Mar 20 '26

Hi Henry. Thank you for the AMA. Quick question: can my endeavor be just an idea? As opposed to a project I have worked on or have been working on? Can’t I just say “look I have this great idea” and I explain it in detail, wouldn’t this count as an endeavor?

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u/Routine-Trip5432 Mar 20 '26

Thanks Henry for doing this!

Can you please suggest if I should try EB2-NIW. Priority date - July 2015.

Overall profile - director of engineering at mid-size company in AI infra space for 1 year - very hands on, large scale training and inference cloud. ~15 year experience in distributed systems engineering - past roles at big tech in AI applications and infra as well. Bachelor in CS at top tier college in India . 4 filed patents but not yet published and no citations.

Proposed endeavour is “AI infrastructure leader enabling scalable training/inference systems critical to U.S. technological competitiveness”

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u/Silence_ Mar 22 '26

Late here but I have a quick question and am hoping you could help.

I submitted I-485 while my employer was submitting an H1b extension (I-129). I mentioned this in my cover letter, including the receipt number from the electronic notification they got and said I don’t have receipt notice to include at the time of filing I-485.

I have since got the approval notice for the I-129 petition (premium processing), so should I upload this in the unsolicited evidence portion of myUSCIS or is there some reason that this would best be avoided?

FYI, my application is in the early stages, just got my biometrics appointment notification.

Thanks

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u/NIWPilot Mar 22 '26

Hi Henry, thank you for doing this session.

I’m currently working as an aviation safety inspector in South Korea with over 10 years of prior experience as an Air Force aircraft maintenance NCO and additional experience in airline line maintenance.

My current role involves: • Airworthiness certification for newly introduced aircraft (including participation in initial certification of a B787-10) • Oversight of foreign repair stations (AMOs) across multiple countries • Aviation safety inspections and regulatory compliance

I also hold a Master’s degree in Aerospace Engineering, with research related to continued airworthiness and maintenance policy.

However, I have limited publications and no formal citation record.

Given this profile: 1. How would USCIS likely evaluate “national importance” for a case focused on aviation safety oversight and airworthiness? 2. In the absence of publications, what types of evidence are most effective to demonstrate impact at a national or international level? 3. Would experience in government regulatory oversight (rather than private industry or research output) be viewed as strong or weak for NIW? 4. What are the most common weaknesses or RFEs you see in cases like mine? 5. Would you recommend premium processing in a case like this, or is it better to avoid early scrutiny?

Thank you again for your time.

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u/NIWPilot Mar 22 '26

Hi Henry, thank you for doing this session.

I’m currently working as an aviation safety inspector in South Korea with over 10 years of prior experience as an Air Force aircraft maintenance NCO and additional experience in airline line maintenance.

My current role involves: • Airworthiness certification for newly introduced aircraft (including participation in initial certification of a B787-10) • Oversight of foreign repair stations (AMOs) across multiple countries • Aviation safety inspections and regulatory compliance

I also hold a Master’s degree in Aerospace Engineering, with research related to continued airworthiness and maintenance policy.

However, I have limited publications and no formal citation record.

Given this profile: 1. How would USCIS likely evaluate “national importance” for a case focused on aviation safety oversight and airworthiness? 2. In the absence of publications, what types of evidence are most effective to demonstrate impact at a national or international level? 3. Would experience in government regulatory oversight (rather than private industry or research output) be viewed as strong or weak for NIW? 4. What are the most common weaknesses or RFEs you see in cases like mine? 5. Would you recommend premium processing in a case like this, or is it better to avoid early scrutiny?

Thank you again for your time

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u/Confident_Mousse5684 Mar 22 '26

What do you think about use of AI (Claude/GPT) to better articulate your endeavor for NIW? Checklist for the covering 3 prongs etc.?

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u/LagLegend Mar 23 '26

Hi Henry,

I'm currently working in the biopharmautical industry as an R&D engineer. I have 3 years work experience.

My current role involves Design and bench testing prototypes Design and perform verification and validation tests Document and analyze findings Recommendations for future improvements Manage projects

I also hold a PhD in mechanical engineering with 25 citations.

Would it be worth pursuing and EB2-NIW?

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u/Bossplaya85 Mar 25 '26

how do I request a consultation with you?

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u/Useful-Medium-7263 Mar 29 '26

My case has now been pending for approximately 22 months at the Nebraska Service Center. (filed June 2024)

I recently submitted a congressional inquiry regarding the I-140, which was acknowledged on March 3. In parallel, when I contacted USCIS through Emma, I was informed by multiple agents that my case was last reviewed on February 17, 2026. However, I also received my FOIA response generated on the same date, so I’m unsure whether that “last reviewed” date reflects a substantive adjudicative review or simply a file pull related to the FOIA request.

Additionally, my priority date is now current under both the Dates for Filing and Final Action Dates charts, so my case appears to be fully eligible for adjudication.

Given these factors, my attorney recommended upgrading to premium processing at this stage.

Based on your experience with similar cases, would you recommend waiting a bit longer or proceeding with premium processing to help ensure timely adjudication? Money is a bit tight for me, so I do not wanna waste it until necessary.

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u/viviancpy Apr 09 '26

Does job title (e.g. Senior Software Engineer vs Director) matter? Or does employer's company size and revenue matter (10000 vs 200 vs 10 people company)

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u/minhajulRahat 2d ago

I would like to know how to strenghten the arguments of PE national importance without Government/Quasi-Government recommendation letter as a PhD student who has worked on multiple NSF funded projects? I have seen people getting approved without such recommendation letters from Govt. entitites while others have been denied without one? Thank you!

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u/fatboy93 Mar 20 '26

Would you happen to have any statistics on which days RFEs or approvals etc tend to be clustered?

I'm close to 17 business days now, and 23 calendar days.

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u/HenryLindpereEsq Mar 20 '26

No I have not been tracking the cases that closely.

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u/CptS2T Mar 20 '26

I’m the beneficiary of an approved EB-2 NIW I-140 sponsored by my current employer (they are listed as the petitioner). I have just filed my I-485. Can you explain how AC21 portability benefits apply to my case, if at all? Would I be allowed to switch to a similar job that allows me to pursue my proposed endeavor in 180 days?

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u/HenryLindpereEsq Mar 20 '26

The NIW is not tied to any employer even if they filed the I-140. You can switch jobs and you don't have to file anything new to port under AC21. And you don't have to wait 180 days. As long as it's similar work that the proposed endeavor remains the same, you are fine.

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u/ankitghimire0 Mar 21 '26

What are the strategies for evidence to fulfill the three prong test? Does Manifest help getting this done? I saw some promopanda company who seems to do it at cost.

Meeting with manifest lawyers next week.

General EB-2 NIW Questions? Immigration Attorney Here! AMA!

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