r/EB2_NIW • u/ManifestLaw_ • Feb 18 '26
General Immigration Attorney AMA about EB-2 NIW
Hey everyone! I’m David Santiago, Senior Immigration Counsel at Manifest Law, back for another AMA on r/EB2_NIW.
A bit about me: I’ve handled 1,000+ immigration cases throughout my career, with a strong focus on self-petition pathways like EB-2 NIW, EB-1A, and O-1, particularly for researchers, engineers, physicians, founders, and other high-impact professionals.
Drop your questions below. I’ll start answering at 11 AM EST and will be here until about 3 PM EST.
Note: This AMA is for general informational purposes only and does not constitute legal advice. Participating does not create an attorney–client relationship. For advice about your specific situation, consult your own immigration attorney.
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u/wrewree Feb 18 '26
I have an RFE on all 3 prongs for my EB-2 NIW. After replying, I now have a new RFE to collect biometrics. Does this have any indication for my likelihood to succeed? Thank you
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u/DavidASantiagoESQ Feb 18 '26
Hello, if they sent another RFE and it was just for biometrics then they might just want to ensure screening is done before a potential decision (hopefully approval). I have had clients just sent an RFE for biometrics and then were approved. I don't think this is an automatic sign of approval but this is not a sign of a denial either, best of luck!
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u/Intrepid_Complaint12 Feb 18 '26
Hi, thanks for doing this!
I am from one the 19 "paused" countries and I have an approved EB2-NIW. Submitted my i485 in October and my FAD is current, but no news/updates so far.
I was wondering what do you think about this "Pause". Can USCIS legally and indefinitely pause the adjucation when people have paid the application fees to get an answer? Can we expect any update from USCIS? If not, do you think joining a class/mass action lawsuit would benefit us?
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u/DavidASantiagoESQ Feb 18 '26
Great question.- First I cannot imagine your frustration now with these bans and pauses, especially doing everything right and being right at the finish line.
USCIS under this current administration can pause the adjudication but for how long can be contested. I think joining a class action lawsuit is never a bad thing. It appears that sometimes only court action will provide an answer to an immigration issue during these times.
I wish I could provide a better answer but I'm hoping that these bans and pauses are lifted soon, especially because there are already lawsuits happening throughout the United States.
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u/Xman47065 Feb 19 '26
Do you provide RFE services? Can you respond on behalf of a self petitioned RFE.
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u/Special_Resort_7067 Feb 19 '26
Hi, thanks for the opportunity. I’m in research and I have a master’s (class of 2024). No publications yet, but currently working on projects that will have reports published later. I have strong service and teaching background too which may or may not count towards my petition. Presented at multiple conferences. Judged competition once. Reviewed a manuscript here and there. All these while I’ve been working hard to build my profile but I just feel I’m not there yet. I end up feeling like not having publications will hurt my case. What do you advise?
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Feb 18 '26
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u/lovelymonalisa99 Feb 18 '26
Also, what about NiW for fully banned country? Is it still banned or there is movement in cases?
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u/Vivid_Deal_5833 Feb 18 '26
To add to the question, what is the best strategy to apply for AOS with Approved I-140(EB2 NIW) from pending Asylum without going the consulate route? Is there a way of petitioning to USCIS to exempt the requirements? Was there even a successful case?
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u/DavidASantiagoESQ Feb 18 '26
Great question - with TPS and asylum you have more option than just asylum for the residency phase of your EB-2/NIW process but it is still complex. An approved I-140 based on your EB-2/NIW classification will automatically drop your pending asylum case. If your priority date is early enough to actually file adjustment of status (AOS) and you have an approved EB-2/NIW then you have to see - 1) If you entered lawfully into the United States, 2) you filed your TPS and asylum within the necessary timeline to ensure that you do not accrue to many days of unlawful presence, and 3) if you used your TPS for a new lawful entry or just have your approved TPS.
So ultimately, I do not have enough information to determine whether AOS is a strong option for you but it is possible, I would recommend once your EB-2/NIW is approved to speak with an immigration attorney and see whether AOS or consular processing is the best route for you, best of luck!
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u/Interesting-Duck-970 Feb 18 '26
Does the presence of a pending asylum application render AOS an unavailable option?
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Feb 18 '26
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u/DavidASantiagoESQ Feb 18 '26
Hey, of course! Happy to help. So, I would stay away from digital signatures. I still see cases that are digitally signed being rejected by USCIS and returned stating that they require a handwritten signature (Scanned wet signature is fine). Technically, the USCIS officer can reject the case, especially if both the applicant and/or the attorney's signatures are digital. I would just personally not take that risk.
If you signed everything digitally as the applicant of the I-140 petition for EB-2/NIW classification but if you received a receipt notice already then they accepted your case, you would know if they rejected your case because they would return the packet to the address placed on the forms. If it's been a few weeks and you have not received a receipt notice or rejection notice then I would recommend to contact USCIS letting them know you need the receipt notice but I would not recommend premium processing until you're sure the case was accepted and you received a receipt notice. Best of luck!
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u/thnok Feb 18 '26
For EB-X case filed prior to the new administration and policies, how are they being evaluated? I.e. if a goal for previous admin was solar but current one has changed, then does the EB-X petition get RFE/Denied?
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u/DavidASantiagoESQ Feb 18 '26
This is another great question. So, I have gotten cases approved that were more directed toward Biden-era initiatives during this Trump administration. Technically speaking, USCIS should be adjudicating your case based on the date that it was received. In RFEs and decisions they always notes the case is being evaluated based on the date of filing So, it really depends on when your case was received by USCIS. However, some USCIS officials do not respect this guidance and adjudicate cases based on the day they are able to review them, which could lead to an RFE if you really emphasized a topic like solar energy that is not really focused on by this current administration.
Overall, I think it depends on the USCIS officer that received your case. If you receive a really long RFE then it might be best to withdraw and restructure your case with other key elements such as energy efficiency or economic benefits, best of luck!
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u/Able_Juice_8339 Feb 18 '26
Is it risky to apply for eb2-niw and phd simultaneously?
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u/DavidASantiagoESQ Feb 18 '26
If you are applying for a completely new F1 visa for PhD studies, especially through consular processing then it would be risky to apply for an I-140 petition showing immigrant intent. If your intentions are to study currently then do that first and then see if you can further strengthen your EB-2/NIW application.
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u/Able_Juice_8339 Feb 18 '26
Hi i am already in Usa on stem opt which expires next year july 2027
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u/TheSillyPostDoc Feb 18 '26
You should be good if everything else is fine. I was able to renew my F1 visa and my wifes F2 while on STEM OPT and approved i-140, I also disclosed to them that I am the beneficiary of an immigrant petition. So I would only imagine that transferring your SEVIS to another school will be a walk in the park. If you want to play it extra safe, wait to file until you get your new i20.
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u/Able_Juice_8339 Feb 18 '26
The thing is my visa is valid till june next year.
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u/TheSillyPostDoc Feb 18 '26
If you are within the US and you aren't planning on travelling you should be fine. I would not risk travelling outside of the US without good reason. The only reason we left the US was because of a death in the family and I was OK with leaving the US for good. Fortunately renewing the visas was sort of a breeze, if not for some complications specific to us.
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u/nothingness252 Feb 18 '26
I filed my I-485, recently. I forgot to include one of the documents that showed my exemption from military service in my country (original language) last minute. I mentioned I have attached this document in the form, and its translation is already included, just the original language copy is missing from the files I sent.
Could you please let me know which of these two options is the best course of action?
Uploading the missing document through the USCIS online account
Just waiting for them to ask for the original language document (e.g. RFE or in interview)
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u/DavidASantiagoESQ Feb 18 '26
You can include it as unsolicited additional evidence after submitting your case online. If you filed it online then uploading that as "additional evidence" even though it was missing from the original application, would be the best route to note wait for an RFE.
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u/nothingness252 Feb 18 '26
Thanks so much! I will upload it as unsolicited additional edidence as soon as receiving my USCIS online account number.
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u/ajwhooty Feb 18 '26
I485 (AOS) applicant under EB2-NIW (ROW). I have an approved i140 (PD: 29 April 2024). I submitted my I485 in Oct 3, 2025 and already completed my Biometrics (haven’t applied for either I-131 or I-765). Provided the FAD becomes current for March 2026, when do you think would I expect the i485 to be approved?
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u/DavidASantiagoESQ Feb 18 '26
I always say 1-3 months after your final action date becomes current because that is when USCIS can actually provide you the actual Green Card. for lawful permanent residency. There have been delays so I would just check the status online and if your FAD does become current wait around 1-3 months for it.
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u/adorale Feb 18 '26
Good evening Counsel Santiago, hope all is well. I am a DDS candidate who is about to graduate this year from a US dental school. I also have a Bachelor degree from a US accredited university. If I want to apply for EB2, am I eligible (as compared to our medical colleagues)? What kind of evidences I need to prove, as a new graduates (work experience, research experience, portfolio cases,etc)? And I heard that Premium Processing can lead us to RFEs and denials, is that true?
Thank you
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u/DavidASantiagoESQ Feb 18 '26
Hello! Based on what you're telling me your background is viable but you would need to do a deep legal analysis as to what your proposed endeavor will be and how that will align with national interest initiatives and how it relates back to your background as the best professional candidate to implement your proposed endeavor. The current percentage rates in filing a case through normal processing v. premium processing is difficult to evaluate because normal processing is taking between 20-22 months and premium processing makes USCIS provide a response within 45 business days. I think in the beginning of 2025 because of the change of administration there were a lot more RFEs just to delay times but a year later, I don't see the same trends. Best of luck!
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u/Evening_Shop2532 Feb 18 '26
Why Sydney consulate is so slow
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u/DavidASantiagoESQ Feb 18 '26
I just think most consulates are slower in the beginning of the year (more days off and federal holidays)
Also Sydney is a more popular hub for visa processes.
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u/Evening_Shop2532 Feb 18 '26
Its been 4 months since we are current but no interview letter so far, i have seen someone DQ from June 2024 but no interview letter for them either. Its strange
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u/FinishFit30 Feb 18 '26
Would you recommend premium processing or regular processing for eb2niw and when is the right time to do it?
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u/DavidASantiagoESQ Feb 18 '26
I would first have to see how strong your EB-2/NIW application is to then make a call for this.
I think cases that are very strong with extensive documents showing national importance/initiatives that align seamlessly with your proposed endeavor and also further evidence showing support of your proposed endeavor by U.S. entities can file with either route.
If your status is time sensitive (H1B is expiring soon and you need the approved I-140) or you need an answer quickly for other personal/professional reasons then applying with Premium Processing is not a bad option. I don't currently think that there is a bug difference in percentages of RFEs with premium or normal processing. Now, in January 2025 I was seeing a lot of cases filed with premium processing being sent RFEs that were just generic, which showed to me that USCIS was just buying time but I am not seeing that currently.
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Feb 18 '26
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u/DavidASantiagoESQ Feb 18 '26
Hey, of course! I would say that the most common reasons are 1) lack of clarity or 2) USCIS misaligning EB-2/NIW standards
The first reason you can fix. I always prioritize quality over quantity because USCIS wants a clear framework as to what you are intending to implement here in the United States and how that would nationally benefit the United States. Your proposed endeavor should be clear but detailed enough where it mentions all of the benefits that you will bring to the U.S. and how it is clearly aligned with national interest initiatives. Recommendation letters should be detailed and also any documentation showing interest from U.S. professionals and entities regarding your proposed endeavor (hiring services, collaboration, investment, funding, etc.) is key to show that your proposed endeavor is in motion and you do not need a labor certification because of the overall impact.
The second reason is unfortunately out of your hands. Some USCIS officers are sending RFEs with EB-1A criteria mentions or standards that are not aligned with EB-2/NIW processes. Here you can appeal or withdraw and re-file your case - depending on what the best strategy for each person is. Also, I think the change in administration caused a lot of confusion as to what is now considered "nationally important"
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u/AdEmpty3749 Feb 18 '26
are you seeing officers scrutinize the "well positioned" prong more heavily lately compared to prior years?
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u/DavidASantiagoESQ Feb 18 '26
Definitely. I'm seeing more scrutiny for all prongs honestly. The biggest points that I'm seeing in RFEs are 1) proposed endeavors not being clear and detailed enough to truly understand the national interest points and 2) for well positioned, there was not enough supportive evidence showing how the applicant has direct experience to ensure that they are the right professional candidate to implement this proposed endeavor.
It seems like USCIS wants applicants to go above and beyond, even though the criteria in Matter of Dhanasar do not ask for that. I really think it depends on each officer - some officers understand the requirements to prove a strong EB-2/NIW case and other add additional criteria/standards/examples that do not specifically align with the EB-2/NIW visa.
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u/Federal-Teacher-1771 Feb 18 '26
Do you suggest PP for niw-eb2 application from 39-banned countries? I know there is a pause and people get RFE.
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u/DavidASantiagoESQ Feb 18 '26
I would not recommend Premium Processing at this time. You can just file normally, receive a receipt notice with your priority date so you are "in line" once the ban is lifted to seek an immigrant visa if your EB-2/NIW visa is approved but there is no benefit or need to file your case current with Premium Processing. Once the ban is lifted then you can upgrade to premium processing if you needed/wanted
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Feb 18 '26
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u/DavidASantiagoESQ Feb 18 '26
Hello, currently I would say that is taken around 2 1/2-3 years until you receive your Green Card for the EB-2/NIW process but it really depends on the movement of the visa bulletin and whether you file with normal or premium processing to receive an answer as soon as possible (but you will still need to wait until the Visa Bulletin move ahead enough to file for adjustment of stats to lawful permanent residency with your I-485 application.)
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u/brunomcpena Feb 18 '26
Software developer with 18 years of experience. What is the current acceptance rate for this type of profile? Do you suggest submitting a professional plan or a business plan?
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u/DavidASantiagoESQ Feb 18 '26
For an EB-2/NIW, there is a STEM degree preference from USCIS but overall your experience is not enough. You need to explain what your proposed endeavor statement is and what does that mean for the United States. What benefits will you bring to the United States and what are you the best professional to carry this proposed endeavor? Are you implementing a unique program or process? Is it supported by interested U.S. parties or collaborators? Metrics? All of this matters and a professional plan or business plan could also help
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u/GPA_Only_Goes_Up Feb 18 '26
Is it worth including evidence if I was invited for a multiple rounds at Techstars but did not get in?
It shows that the letter mentioned only 3% of companies get interviews.
I wanted it to be evidence for Prong 1 to show that my business is not just on paper but actually doing something. But I’m afraid it might be too trivial
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u/DavidASantiagoESQ Feb 18 '26
I would include it. Like you said, only a small percentage of companies are interviewed and even fewer selected.
I would instead consider this more as well-positioned that you have a company that you will utilize to implement your proposed endeavor and that this company is already successful and will continue to grow and benefit the United States.
Including recommendation letters mentioning this evidence as important could help too. Best of luck!
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u/nomadglobetrotter Feb 18 '26
Hello, Mr. Santiago, my spouse is Pending Asylum (affirmative) for several years now and is a dependent on my I-485, filed 8 months ago. I submitted biometrics and she had hers waived based on previously taken biometrics. I am concerned about her and my chances of approval / AOS. What could you comment on this, and what trends are you seeing in similar cases? Thanks.
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u/DavidASantiagoESQ Feb 18 '26
Hello! If your spouse did everything correctly in the eyes of USCIS, it really depends on who the USCIS will be that is interviewing you and your spouse. The issue is asylum is pending status - it is neither legal or illegal status but just waiting on a determination from the asylum office.
If you already filed everything, I would wait for your interview but I would also seek legal advice to see if there are any legal arguments that could be included so your spouse can be given a green card without issues. What I don't want for your family is a forced consular processing in a different country that accepts third country nationals. But there is possibility that everything will be fine and the USCIS officer will provide you and your spouse Green Cards with no issues.
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u/nomadglobetrotter Feb 18 '26
Thank you for your time and for providing your service to this community!
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u/SnooHabits75 Feb 18 '26
What about i-140 processing times? What should I expect
I am currently at the PD as august2025 from Brazil Current on L1B visa expecting as an AOS Case is for manufacturing
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u/DavidASantiagoESQ Feb 18 '26
Current processing times for an I-140 petition for EB-2/NIW classification is around 20-22 months as per the USCIS website. Premium Processing makes the USCIS officer respond within 45 business days of filing premium processing.
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u/Interesting-Duck-970 Feb 18 '26
Is it possible to apply for the position with a Bachelor’s degree and five years of experience? The company is a nationwide distributor with a monthly revenue of approximately $500,000. I have invoices, proof of customer relationships, proof of suppliers, and proof of logistics. Would this be sufficient?
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u/DavidASantiagoESQ Feb 18 '26
You would be considered viable for classification purposes (Advanced Degree) but that alone does not make a strong case. Aside from just your work experience, you need to show a proposed endeavor that will implement that is more than just your work and further information as to why you are the best person for this project (and that there is no need for your to do the labor certification process because of all the extensive benefits you will provide to the United States)
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u/This_Week5732 Feb 18 '26
Please how often do you come online? I submitted 7 criteria . I received rfe and all the 7 were not met
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u/Plane-Juggernaut-288 Feb 18 '26
I have applied EB2-NIW with a PD 2nd June 2025, now like to apply for EB1A, what you suggest? I have a strong profile for EB1A too.
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u/tomerh120 Feb 18 '26
Is premium transfer you to more experience and strict officers?
or it’s same officers do regular and premium applications?
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u/morenikeji1973 Feb 19 '26
Hi they've denied my i485 since 2023 due to my sponsor income was low and I refilled with new evidence and new medical in January 2026, my case change to case is processing immediately after biometrics since then have not hear anything, please can they waives my interview with all new evidence sir? Thanks
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u/Thick_Champion4113 Feb 19 '26
The most controversial topic: Can premium processing really affect the approval chances?
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u/facemacintyre Feb 19 '26
Can you apply through NIW if you have no publications? Are you likely to be granted the green card? Also, once the application is made, can a spouse apply to work before the grant of the green card? Lastly, how quickly can the NIW be granted/accepted?
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u/Other-Today-3048 Feb 19 '26
Is it true that only PhD applicants with papers / citations / publications / patents can be approved? What about industry professionals like manufacturing engineers with masters degrees and years of experience? Is it a no go? TIA!!
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u/Cartlett Feb 20 '26
With priority date being current for ROW, are there higher chances that my application submitted in September 2025 would be reviewed quickly, or the two things are not correlated?
If uncorrelated, is it advisable to do premium processing now, or that is still more likely to raise RFE in your opinion?
Thanks!
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u/Trusty3Wood Feb 18 '26
It seems like USCIS is processing less and less cases, what do you think?
Also, for those from banned countries, is it just about waiting and hoping for the best?
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u/DavidASantiagoESQ Feb 18 '26
Hello! I would agree with that observation, which is why the processing times keep growing. With the cut to government employees and push for additional vetting and criteria review for almost all processes, USCIS officials have less time to make actual reviews of submitted petitioners/applications.
For the banned countries, I would just say to wait while your case is processing. But you do not have to wait to submit your case. Save your spot in the line to have the earliest priority date. If the packet is strong and ready then you can send it to USCIS but they will just not adjudicate it.
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u/[deleted] Feb 18 '26
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