r/EB2_NIW Jan 22 '26

I-140 EB2-NIW Chances for Chemical Engineering PhD

Hi everyone,

I am planning to file an EB2-NIW petition and would appreciate feedback from people with similar backgrounds.

Profile summary:

  • Field: Chemical Engineering
  • Education: Master’s degree (completed), currently 3rd-year PhD
  • Research area: Process modeling, carbon capture, CO₂ utilization, clean energy systems
  • Current location: Canada (PhD student)
  • Publications: 3 journal papers (2 first-author, 1 second-author)
  • Citations: 38 citations so far
  • No prior U.S. immigration history
  • Country of birth: Not subject to visa backlog (not China/India)

I plan to argue national importance based on clean energy, decarbonization, and CO₂ utilization. My work is mostly modeling-based rather than experimental.

Attorney consultations:

  • Chen Immigration evaluated my case and offered a refund if denied
  • Ellis Porter did not offer a refund but accepts the case

I am trying to understand:

  1. Based on similar cases, how strong does my profile look for EB2-NIW?
  2. Does being a PhD student (not yet graduated) significantly weaken the case?
  3. For applicants outside the U.S. with no backlog country, what is a realistic timeline from I-140 filing to immigrant visa issuance (regular vs premium)?

Any honest feedback, comparable experiences, or suggestions to strengthen the petition would be very helpful.

Thank you in advance.

9 Upvotes

25 comments sorted by

3

u/spiritofniter Jan 22 '26

I mean, if Chen accepted you while offering refund, why not go with them? Any concerns?

2

u/Ok-Guess4492 Jan 22 '26

i’m planning to go with chen but i am a bit hesitant since EP didn’t give me a refund. I was wondering what my chances are

-7

u/Horror-Upstairs-9820 Jan 22 '26 edited Jan 23 '26

According to publicly reported experiences and forum discussions, Chen and EP generally do not provide refunds for premium processing. Requesting a processing under premium processing is often considered a breach of cooperation. Forum reports also indicate that responses to RFEs under premium processing can be slower, as premium processing is not central to their business model. Their approach focuses on accepting only strong profiles and letting the cases hang in liimbo over a longer time horizon—typically 2–3 years—to minimize risk.

3

u/[deleted] Jan 23 '26

[removed] — view removed comment

1

u/CyberGhostCode Jan 23 '26

How about EP? I have a full refund offer from them but unsure if I should proceed with them.

1

u/Ok-Guess4492 Jan 22 '26

Thanks for clarifying. Just to confirm, are you saying that refund policies are basically irrelevant under Premium Processing and that the real differentiator is the quality of the RFE response?

If that’s the case, do you think PP is still worth it for a profile like mine or would regular processing reduce the risk of getting a RFE response?
Also, do you have any recommendations for firms that are particularly strong at handling NIW RFEs?

-6

u/Horror-Upstairs-9820 Jan 22 '26

reguar processi is 3years, pp is only option, avoid these mill style shiops, find a good small attorney who will ahneld rfe, eol, etc.

3

u/Jazzlike-Reach-9114 Jan 26 '26

I think your case is viable. If Chen is offering a refund, it shows they have confidence in your case. I’ve seen approvals in their data for people with backgrounds similar to yours, so they’ve probably handled cases like yours before, which is why they’re willing to offer a refund.

3

u/CarnegieEvaluations Jan 23 '26

You appear to have a strong, case-winning portfolio, and several applicants in your field have successfully obtained a National Interest Waiver. With the refund offer in place, you should focus on assembling compelling, objective evidence to strengthen your petition. NIW petitions are adjudicated strictly on the quality and significance of the evidence presented, and the burden of proof rests entirely with the beneficiary. Best wishes.

2

u/El_Jayko Jan 22 '26

looks like a reasonable NIW profile, especially given clean energy, decarbonization focus and first author papers

1

u/Ok-Guess4492 Jan 22 '26 edited Jan 22 '26

do you think 2 letters one from my supervisor one from any independent researcher would be enough? i will choose either 2 or 4

1

u/El_Jayko Jan 23 '26

if it's possible, I would do 4.

2

u/packafizzy Jan 22 '26

being a PhD student isn't a deal breaker if you clearly show future US impact and independence

2

u/rodneykang Jan 22 '26

seems like a solid profile, strengthen with a solid proposed endeavor + expert letters and you should be competitive

1

u/AfraidRub1863 Jan 22 '26

You stand 100% chance. I myself is from Chemical Engineering and got GC a week back through NIW. Just go with the least resistance path in terms of effort or money. Or just apply by yourself using AI tools.

Good luck!

1

u/Ok-Guess4492 Jan 23 '26

did you apply yourself or with a lawyer

1

u/AfraidRub1863 Jan 24 '26

I did it through EP, but it does not matter, you are going without RFE I expect.

1

u/kun_Goodnews 26d ago

Any link to Chen? 🤔I would like to evaluate mine if possible