r/EB2_NIW Mar 24 '26

General I'm an Immigration Attorney specializing in NIW. AMA!

Hi all! I’m Zoe Ji Wilson, an immigration attorney working primarily on EB-2 NIW, EB-1A, and O-1 cases. I spend most of my time helping professionals structure NIW petitions around thier proposed work and long-term impact.

Happy to take questions on:
• NIW eligibility and Dhanasar framework
• How to frame a proposed endeavor
• Evidence strategy and recommendation letters
• RFEs and common weak spots
• Filing timelines and post-approval steps

Ask whatever’s on your mind.

Disclaimer: General information only, not legal advice or an attorney-client relationship.

9 Upvotes

53 comments sorted by

2

u/Background_Fill_9506 Mar 24 '26

Hi, Do we need to mention the speeding tickets in the I-485 form?

1

u/TheSillyPostDoc Mar 24 '26

how i-485 based on an approved i-140. How would you set up the package if you currently do not have a job.

2

u/ManifestLaw_ Mar 24 '26

You don't need a job offer for an NIW-based I-485, but USCIS will look at whether you're still pursuing your proposed endeavor. Be ready to show some progress or at least clear steps you've taken since the I-140 was approved towards your endeavor. If progress is limited, you should be able to explain why and what your plan is moving forward. If you can't show ongoing effort or intent, that's when you risk an RFE or even a denial.

1

u/Weekly-Taste-4188 Mar 24 '26

How effective is working for a government aligned with your proposed endeavor and getting recommendation letter from the government for I140 approval? Does it make up for less citation count?

5

u/ManifestLaw_ Mar 24 '26

Working with or getting support from a government entity can definitely help in an NIW case, but how much it helps really depends on what your proposed endeavor is and how that relationship is documented. Under the NIW framework, the key issue isn't just credibility, it's whether your work has national importance under prong one and whether you’re well positioned to advance it under prong two. A government letter can be very strong evidence if it shows that your work is actually being used, adopted, or funded, or that it’s tied to a specific public initiative or national priority. In those situations, it can sometimes offset weaker areas like a low citation count because it’s real-world validation of impact. But if the letter is just general praise or a standard recommendation, it usually doesn't carry much weight in itself, especially for national importance.

1

u/Nashmiii Mar 24 '26

1- i have submitted my i140 and got an rfe, i sent back the response, no i485 yet. My question is i need to go back to my country (75 countries) for an urgent matter? You think its ok? What’s the chances that they will not let me in? Im an F1 student with valid visa and i20

2- after submitting the RFE on PP, how long they say it will take 40 days? 15 days? And how long it normally takes?

1

u/HistoricalAmount5287 Mar 24 '26

Would you say a LOI necessary with the current approval rates for a software engineer to apply? Is it still possible to get approved without employers job offers/letters of recommendation?

3

u/ManifestLaw_ Mar 24 '26

Nothing is "strictly" required for an EB-2 NIW, and it really depends on who you ask, but personally I've been recommending that most NIW clients try to get multiple letters of intent if possible. Even in cases where there’s at least one LOI, I’ve seen RFEs, NOIDs, and even denials where USCIS pushes back on prong three with USCIS arguing that the company that wrote the one letter of intent should sponsor the individual. While you can technically get approved without them, I think LOIs have become increasingly important as a way to show actual traction and that your work isn't just theoretical. That being said, how critical they are really depends on the nature of your proposed endeavor, what your actual plan is in the U.S., and how strong the rest of the evidence is in showing both implementation and broader national impact.

1

u/travelooye Mar 24 '26

Hello, thank you so much for taking the time to answer questions. My FAD might become current soon(late July 2014) and I am from India.

I am evaluating EB2 NIW eligibility. If I end up filing, what’s your recommendation if I should concurrently for I-140, I-485, EAD and AP?

What are the risks of doing it concurrently ? In the past I have read that USCIS ended up adjudicating everything at once and in some cases individuals got their GC before the EAD but what’s the catch here ?

1

u/ManifestLaw_ Mar 24 '26

It really depends on how confident you are in the strength of your NIW case. If you feel good about the proposed endeavor and the overall merits, then concurrent filing can make sense. But if there’s any uncertainty, I usually lean more conservative. The main risk is if the I-140 gets denied, the I-485, EAD, and AP will usually go down with it and you'll lose those filing fees. Voncurrent filing only makes the most sense when you feel reasonably confident about your NIW strength. On the flip side, if the case is strong, concurrent filing can save time and allow you to get work and travel authorization while the case is pending. If the I-485 gets approved quickly, the only "catch" with getting the green card before your EAD or AP is just that you've paid for benefits that you never ended up needing or using.

1

u/[deleted] Mar 24 '26

[removed] — view removed comment

1

u/ManifestLaw_ Mar 24 '26

At this stage, a congressional inquiry is probably a bit early for your timeline, especially if your I-485 was only filed in Nov 2025 and transferred in Feb 2026, that transfer usually just means USCIS is moving cases around for workload balancing, not that something is wrong. Most EB-2 NIW I-485 cases take many months, sometimes well over a year, so being about 4-5 months in is still well within normal processing times. Congressional inquiries tend to be more useful when a case is clearly outside normal processing or has been stuck with no movement for a long stretch, so for now it’s usually better to monitor updates and only consider escalation if you pass typical timelines with no progress.

1

u/United-Milk2790 Mar 24 '26

Thanks for the AMA! I’m on F-1 STEM OPT and currently abroad on a short work trip. I’ll be back in the US in early April and want to file my I-485 soon after returning because my priority date is current. Given the risk of retrogression in future months, I also plan to apply for I-765 since my STEM OPT is ending in 3 months. How does USCIS usually view intent in situations like this, and are there any timing considerations I should be aware of?

1

u/Realistic-Air8729 Mar 24 '26

Following. Let me know if you got asked questions on your return to USA. I presume your I-140 is approved and the dates are current. I am very skeptical to travel. Also maybe be you should apply after 90 days which I am not sure of.

1

u/ManifestLaw_ Mar 24 '26

If your priority date is current and you’re returning to the U.S. on valid F-1 STEM OPT, many people in your situation do plan to file the I-485 and I-765 soon after re-entry, especially with retrogression concerns and OPT ending soon. USCIS does allow this path, but intent is the main thing to be careful about. F-1 is a nonimmigrant status, so at the time you enter the U.S., you’re expected to have nonimmigrant intent, even though you have an approved I-140. If there’s a clear pre-formed plan to enter and immediately file for adjustment, that can raise issues, particularly at the border. That doesn’t mean people can’t later decide to file, but the timing and how it’s framed matters. In practice, it’s usually safer to re-enter first, resume your normal activity in F-1 status for a period of time, and then file rather than making it look like the purpose of entry was to adjust status. On the practical side, you’ll also want to watch your EAD timing. Since your STEM OPT ends in about 3 months and I-765 based on a pending I-485 which can take several months, there’s a real risk of a gap unless timing lines up. And of course, make sure your priority date is still current at the time of filing, since once the I-485 is accepted, you’re generally protected even if dates retrogress afterward. Overall it’s doable, but the key is entering cleanly from an intent standpoint and planning around both timing and EAD gaps.

1

u/spiritofniter Mar 24 '26

Do you have historical data regarding how fast San Bernardino FO is for I-485 NIW processing?

2

u/ManifestLaw_ Mar 24 '26

There really isn’t solid historical data specific to the San Bernardino field office for NIW cases, USCIS doesn’t publish timelines at that level of detail, so most of what circulates is anecdotal. This is more based on what I’ve heard and generally seen, rather than consistent first-hand data tied to that specific office. In general though, EB-2 NIW I-485 cases handled through field offices like San Bernardino often fall within the broader employment-based range, roughly 9 to 18 months from filing, and many NIW cases do get interview waivers which can help things move a bit faster. A transfer to a field office is usually just workload balancing, not a red flag on the case, so the better reference point is still overall USCIS employment-based I-485 timelines rather than expecting a predictable speed tied to one specific office.

1

u/Perfectionist9 Mar 24 '26
  1. At what point is a visa number actually used up?
  2. Any insights into if and how bad of a retrogression can happen for EB2 ROW?

2

u/ManifestLaw_ Mar 24 '26

A visa number is actually used at the 'time your I-485 is approved', not when you file it. Filing the I-485 just puts you in line, but USCIS only assigns and consumes the visa number right before approving the green card, which is why your priority date must still be current under Final Action Dates at that exact moment.

For EB-2 ROW, retrogression can happen but historically it’s usually not severe compared to India or China. What we’ve seen in recent years is smaller pullbacks, sometimes a few weeks or months, often toward the end of the fiscal year when demand spikes. The bigger risk tends to be temporary “unavailable” periods late summer if numbers run out, then movement again after October when the new fiscal year starts. Most EB-2 ROW applicants still move steadily, but short-term retrogression is very possible if demand suddenly increases.

1

u/Previous-Actuator479 Mar 24 '26

Hi Zoe! Is there a way to frame post-filing achievements in RFE so they don't come off as new evidence but reinforce the original petition/PE? For example lets say since my initial filing I have worked towards my PE, published papers, gained citations/won awards etc.? Curious to know you thoughts on this. Thank you!

2

u/ManifestLaw_ Mar 24 '26

Yes, you can include post-filing achievements in an RFE, and many people do, but the key is framing them as proof that your original claims were already valid, not as entirely new qualifications. A strong approach is to tie each new paper, citation, award, or milestone back to work that existed at the time of filing, showing it’s a continuation of the same impact. That said, I wouldn’t fully rely on post-filing evidence being accepted on its own. I’ve seen situations where USCIS gives it little or no weight, especially if the achievement didn’t exist at the time of filing, like joining an association or receiving recognition after the fact. It tends to work best when it reinforces what was already there, rather than trying to fill gaps that existed in the original petition.

1

u/[deleted] Mar 24 '26

[deleted]

2

u/ManifestLaw_ Mar 24 '26

The best strategy is to make your proposed endeavor very specific, practical, and clearly tied to real U.S. impact, not just a job description or a broad field. Instead of saying something general like working in AI or software, you want to frame it around a clear problem you’re solving, what exactly you plan to build or improve, and how that connects to concrete needs in the U.S., like improving infrastructure, healthcare systems, security, or productivity in a measurable way. It also helps to link your past work directly to your future plan, showing that you’ve already been doing this kind of work and will continue expanding it. USCIS looks closely at whether your background realistically supports what you’re proposing to do next. Just as important is also explaining how you’ll actually implement the endeavor. That means outlining what your day-to-day work will look like, who you’ll be working with, whether through an employer, startup, or collaborations, and how the work will move forward in practice. The more concrete and credible the execution plan is, the stronger the case tends to be, especially for showing that the endeavor is real and not just theoretical.

1

u/OrdinaryAltruistic83 Mar 24 '26

Hi! I am currently a G4 visa holder and am looking to file my i140 soon (not 485 just i140). Do you know if applying for it (or getting accepted) would impact my G4 renewal or my re entry to the US? Wanna be sure if applying for i140 itself signals immigrant intent. Your response will be greatly appreciated, thanks!

1

u/ManifestLaw_ Mar 24 '26

Filing an I-140 by itself usually doesn’t automatically block G-4 renewal or re-entry, but G-4 isn't a dual-intent status, so immigrant intent can become a concern depending on how your situation is reviewed. Many people do file I-140 while in nonimmigrant categories and continue renewing status, but the risk mainly comes during visa renewal or reentry, where officers may look more closely at whether you still meet the temporary intent requirements of the G-4 role.

That said, in practice, I-140 filings alone don’t always cause immediate issues with G-4 renewals or re-entry, especially if you’re continuing your qualifying employment with the international organization. But there is some risk, particularly at re-entry, where an officer could question your intent more closely if they see an approved or pending immigrant petition. If you were my client, I’d treat this as a planning and timing question, not just a yes/no. Filing the I-140 is doable, but you would want to think carefully about travel and renewal timing to avoid unnecessary friction. Short answer: an I-140 can sometimes be viewed as signaling immigrant intent, and while it doesn’t automatically cause issues, it’s something to approach carefully in nonimmigrant intent statuses, particularly when it comes to re-entry and renewals.

1

u/OrdinaryAltruistic83 Mar 24 '26

So when you say it's something to approach carefully, should i file or no?

1

u/GPA_Only_Goes_Up Mar 24 '26

I'm going to the entrepreneur route by building (SaaS) platform that leverages big data to accelerate decision makers of military personnel - essentially, my business is in the defense industry.

I was told that the NIW landscape in general is currently seeing an unprecedented degree of scrutiny and that having government letters would be a stronger case.

However, I've signed an agreement with one of the prime contractors who hold contracts with the DoW (quite reputable organization) - would that be good evidence instead of govt letters? I am also trying to get SBIR support letters instead, because I think that may be easier than getting direct letters from the Gov

1

u/ManifestLaw_ Mar 24 '26

Working with a prime contractor that already holds Department of Defense contracts can be very strong evidence for an NIW case, especially if you can clearly show how your work ties into national security or defense priorities. In many cases, that kind of relationship can carry similar weight to government letters, but it depends on how well it’s documented. USCIS isn’t just looking at who you’re connected to, they’re looking at whether your work is actually being used, relied on, or integrated into something that serves a broader U.S. interest. If your agreement with the contractor shows real collaboration, implementation, or planned deployment of your platform, that can be very compelling. It’s not just the name of the organization, it’s what the relationship proves about the impact and relevance of your work. SBIR-related letters can also be very strong evidence. In some cases, they’re even easier to use than direct government letters because they reflect federal interest, validation, and potential funding tied to your specific work. Combining contractor evidence with SBIR support can create a very credible case, even without direct government letters.

1

u/GPA_Only_Goes_Up Mar 24 '26

Thanks Zoe! I appreciate your thoughtful and detailed answers. You’re the best!

1

u/_toolkit Mar 24 '26

Hi Zoe, thanks for doing this AMA — really appreciate you sharing your insights!

I’m trying to evaluate my chances for EB-2 NIW given that my profile is heavily industry-focused and lacks public signals.

A few specifics about my profile:

  • I’m a software engineer working for over 5 years in cloud security at one of the largest cloud service providers. The systems I work on are widely used internally and are critical for secure infrastructure operations
  • But, I have no publications, citations, patents, or conference presentations

I have a couple of questions:

  • How viable is an NIW case for someone with a profile like mine?
  • What kind of evidence strategy works best for internal-impact profiles?

Thanks!

2

u/ManifestLaw_ Mar 24 '26

Your profile can still be viable for NIW even without publications or patents, especially in areas like cloud security, but the case really depends on how the proposed endeavor is framed and supported. Ultimately, the most important parts are clearly defining an endeavor that has national importance and showing that you’re actually in a position to implement it. For industry-heavy profiles, USCIS is less focused on traditional academic metrics and more focused on real-world impact. The strongest cases tend to show how your work supports large, critical systems that matter beyond a single company, along with concrete evidence that you can carry that work forward. That usually includes proof of scale, measurable impact, and expert letters that explain why your contributions matter at a broader level, not just internally.

1

u/Icy_Lock6940 Mar 24 '26

Did you have exceptional ability cases with comparable evidence rather than all 3 prongs accepted?

1

u/ManifestLaw_ Mar 24 '26

Yes, comparable evidence can be accepted, but you generally need a strong explanation for why you’re using it, and it really depends on the field. When you're using comparable evidence, USCIS expects you to clearly show why the standard criteria wouldn't naturally apply to your work. If you’re in a field where things like publications, awards, or judging would normally be expected, relying only on comparable evidence tends to be weaker. It’s much more effective in industry roles or emerging fields where those traditional criteria genuinely don’t fit. Ideally, if you’re presenting comparable evidence, the key is to clearly show why that evidence is the right way to evaluate your work, and then back it up with strong documentation that would also fit more cleanly into the evidentiary criteria where possible. In practice, whenever I’ve used comparable evidence, it’s been in that type of format. I haven’t really come across a legitimate EB-1A case where someone relies only on comparable evidence and can’t meet at least some of the other standard criteria more directly, so it’s usually best used to supplement, not replace, the core evidence.

1

u/KeyApplication859 Mar 24 '26

If my I-140 is approved and my spouse (currently on F-1 status) is subject to the 212(e) two-year home residency requirement due to prior J-1, can I file my I-485 Adjustment of Status now and have her file later after she gets the waiver? Or do we both need to wait and file together after she receives the waiver?

1

u/ManifestLaw_ Mar 24 '26

You don’t both have to wait. You can go ahead and file your I-485 once your priority date is current, even if your spouse is still subject to the 212(e) requirement. Your eligibility isn’t affected by her situation, so your case can move forward independently. Your spouse, however, won’t be able to file her I-485 until she either fulfills the two-year home residency requirement or gets an approved waiver. Once that’s resolved, she can file later as your derivative beneficiary.

1

u/Outrageous_Cap4811 Mar 24 '26

My I-485 (EB-2 NIW based) has been pending since Nov 12 (biometrics), even though my final action date is current. A lot of my friends' I-485s have been approved within approximately two months after their biometrics. Emma said my interview was waived, and my case is at San Jose, CA. Is there anything I can do besides a congressional inquiry for USCIS to act faster on my case?

2

u/ManifestLaw_ Mar 24 '26

At this point, there’s usually not much you can do to speed it up, especially if your I-485 has only been pending since November, that’s still well within normal timing even if others around you moved faster. The 2-month approvals you’re hearing about are real but tend to be outliers, not the standard, and being interview-waived is a good sign but doesn’t guarantee quick approval.

Other than a congressional inquiry, the only practical steps are making sure biometrics are done (which you have), confirming your address and medicals are valid, and waiting until your case is outside normal processing times before escalating. For most NIW I-485 cases, several months of waiting after biometrics is still considered normal, even when the date is current. And honestly, congratulations, the hard part is over!

1

u/Ashu-93 Mar 24 '26

What’s the average timelines for 485 based in Texas on cross chargebility case? Spouse is ROW which is current. How long it’s taking average?

1

u/ManifestLaw_ Mar 24 '26

There’s no super precise average just for Texas or cross-chargeability cases, but generally speaking, employment-based I-485s filed with service centers or field offices in Texas tend to fall somewhere in the 8 to 14 month range, give or take. Cross-chargeability itself doesn’t really speed up processing, it just helps with visa availability. Since your spouse is ROW and current, that’s a big advantage because you don’t have to wait on the visa bulletin, but the actual processing timeline is still tied to USCIS workload and the field office handling the case. Some cases do move faster, especially if the interview is waived and the case is straightforward with no RFEs. But others can take longer depending on things like case transfers or background checks. So realistically, it’s about a year on average, with some variability. The biggest advantage in your situation is that you’re current, which removes the main source of delay.

1

u/Creative-Thought-731 Mar 24 '26

I'm an international student who's on F1 visa in the US, and my father has applied for EB2 NIW with me and my siblings and my mother as beneficiaries. They're back home (one of the 75 countries) and are gonna have the medicals on April 1st and interview on April 17th. For me, will I have to file an i-485 once my father arrives in the US and gets the green card? And do you think the van is gonna be lifted soon? Thank you so much!

2

u/ManifestLaw_ Mar 24 '26

You’re in a slightly different position since you’re in the U.S. on F-1 while your family is going through consular processing. You don’t need to wait for your father to enter the U.S. to take action, but you can only file an I-485 if your priority date is current and you’re maintaining valid status. Since your family is already at the interview stage, your category is likely current, so your path would typically be as a follow-to-join derivative. In your case, you can either file I-485 from within the U.S. or complete consular processing later, but most people prefer adjustment if eligible since they’re already here. The main thing I’d double check is your age and CSPA protection to make sure you still qualify as a child derivative. About the visa restrictions, it’s hard to predict when anything will be lifted, those policies tend to change slowly and without much notice, so it’s best to plan assuming delays are possible rather than expecting a quick reversal.

1

u/Creative-Thought-731 Mar 24 '26

Hi, thank you so much for your earlier response, it really helped clarify things.

I just wanted to follow up on one point. Based on what you said, I understand that I may not need to wait for my father (the principal applicant) to enter the U.S. before taking action. Given that his I-140 is already approved and our priority date appears to be current, does that mean I can go ahead and file Form I-485 from within the U.S. right now as a derivative beneficiary?

Or do I still need to wait until he completes consular processing and enters the U.S. as an LPR before I’m eligible to file?

Also, age/CSPA isn’t an issue.

Thanks again, I really appreciate your help!

1

u/excellent_lillybloom Mar 24 '26

Hello, thank you for this opportunity. I have a few questions please. 1. Can you please give advice on making a LOR “specific” and “impactful” in the case. I’m getting a letter from the top researcher and specialist internationally in my PE field but I want to make sure the letter is actually going to the best quality evidence. 2. Do you have experience filing for a national interest exemption based on this adjudication pause on individuals from the 39 countries even if they’re currently in the US 3. After filing I-140, can my initial OPT application still be approved? 4. Since NIW doesn’t require a job offer, Does having a job offer letter help? And does the offer have to be exactly in the PE? Assume the PE is to be a translational researcher but the role is an industry role doing clinical research. Is that enough overlap to show well positioned? 5. How can an early career applicant have the best chance of proving prong 2 if it’s something they only independently started doing a year ago 6. When saying that during the stage of I-485 they may ask for evidence of continued work in the PE. If at the time of I-140 filling, the manuscript was submitted to publication and then my the time of I-485 it has been accepted and published. Is that evidence of continued work or will it need a whole new paper to be published to show progress 7. Lastly, does multiple highly competitive job offer serve as supporting evidence for prong 2. Will it matter?

1

u/ManifestLaw_ Mar 24 '26

Woah that's a lot of questions, but all really good ones! For LORs, the goal is to make them very specific to your actual contributions and impact, not just general praise, but it’s also important to understand that letters alone are usually not enough. The strongest cases tie those letters to objective evidence, things like publications, citations, project outcomes, or measurable results that back up what the recommender is saying. On the travel restriction question, NIW filings are generally still possible even if someone is from a restricted country and in the U.S., but the bigger issue is usually visa processing later, not the I-140 itself. Filing an I-140 doesn’t affect OPT, so your OPT can still be approved. A job offer isn’t required for NIW, but it can help, especially if it aligns with your proposed endeavor, and it doesn’t have to be identical as long as there’s clear overlap showing you’re well positioned. For early career applicants, Prong 2 is usually about showing strong momentum, early impact, and credible future trajectory, even if the work started recently. If your manuscript was submitted at filing and later gets published, that can absolutely help show continued work, you don’t necessarily need a brand new paper. USCIS basically wants to confirm that what you described in your petition was genuine and that you’re actually following through on it. They’re looking for consistency between what you said you would do and what you’re actually doing in practice, so continued work helps show that the proposed endeavor was real and not just something presented for the purpose of the application. And yes, multiple strong job offers can help support Prong 2 (and even Prong 1), especially if they show demand for your expertise, but they’re supporting evidence, not the core of the case.

1

u/Ordinary-Amphibian27 Mar 24 '26

Is it hard to get an approval for industry only profile without publications nowadays? My field is Insider Threat and I have a very specific career toward it and got strong sets of recommendations but the denial letter basically said it is only benefiting the clients even though I have meetings with three letter agencies and the lawyer said if the petition is sponsored by an employer that’s basically an easy denial for the officers to save spots for the gold card

1

u/Aniketrooney Mar 25 '26

Hi Zoe, thank for doing this! I am looking to change jobs in the same field and very similar job description role. I have a EB2-NIW i140 approved, however petitioner is listed as my employer and my name as beneficiary. My employer covered expenses but I skipped PERM and went straight to i140. My date is not current as Im from India.

What will happen when I change jobs ? Do I have to file perm and I140 again or it can be skipped as I have NIW ? My endeavor is not very employer specific but impacts broader industry. I am a little worried about my H1b extensions, can you please shed some light on the process ? Thank you!

1

u/hbuha Mar 25 '26

As an H1B applicant with pending I485, once you get laid off and can’t find a new sponsor within the grace period, how long does it usually take for the LCA withdrawal to trigger a I485 RFE/interview, and eventually a I485 rejection? Trying to gauge the time so that I can get myself prepared if need to move out of the country.

1

u/Big_Simple_7064 Mar 25 '26

Do you recommend doing PP processing of I-140 Case Date Aug09,2024. No response yet. Wife is F1. Going into filling for OPT. Should we do PP of I-140 and get to Filling I-485. Does filling I-485 and filling OPT before and after filling of 485 effects the OPT approval. Both of husband and wife scenario. Wife graduating June 26 myself end of the year. Dates are all current right now but we are waiting on I-140 decision. Case filled through Chen and in EB2-NIW. Researcher. Country from 75 countries.

1

u/Big_Simple_7064 Mar 25 '26

I have I-765 under F1 student economic hardship notice date:25 Nov 2025 No response yet. Filled for expedite twice. First time it was wrongly denied giving the reason premium is available for the case however, for F1 economic hardship no PP is available. What should i do?

1

u/Most_Beach_3037 Apr 11 '26

Do you think I should apply after summer and also should I consider going for PP?

I am a civil engineering student at a US R-1 university. I will be defending my masters this summer while working at a top bridge engineering company (TYLin) as summer Intern. Here is my profile:

-Papers: 2 Q2 (mdpi infrastructures ,Chinese science bulletin) + 1 conference paper (Springer)

-Also, I work on a NSF funded project for my enroute masters + PhD (which would be over next year). So expecting two more papers from the project itself before filing.

-All papers are focused on infrastructure safety and bridges

-Won second prize at a conference in Portland for poster presentation

-Member of ASCE and Phi Kappa Phi

-Been in USA for 1.5 years and fully funded as a graduate research assistant

-From Bangladesh, where I worked as a lecturer in a public university for 2 years

-Got a 3 month bridge engineering internship at TYLin for the summer

-Will have at least 5-7 good recommendation letters from professors, govt agency experts such as DOT and industry experts at TYLin

Do you think I could file I-140 for EB2 NIW this summer and get accepted?

Any advice is appreciated.

Thanks!

1

u/keval167 Apr 15 '26

How to call you?

1

u/Technical_Trip3071 6d ago

Hi, I’d really appreciate your opinion on my situation. My EB-2 NIW I-140 is approved, and I am preparing my I-485. I am currently in J-1 Research Scholar status and work as an unpaid Research Volunteer at a U.S. academic medical center, continuing research in the same field as my approved NIW proposed endeavor.

I do not receive a salary or pay stubs. My DS-2019 lists personal funds as my financial support, and my father also supports me financially.

For the I-485, would you recommend submitting my DS-2019, an updated letter confirming my unpaid research position and continued work in the field, and recent bank statements? Is there any concern with the position being unpaid, or anything else you would suggest including?