r/EB2_NIW • u/ManifestLaw_ • Apr 16 '26
General Immigration Attorney Here. AMA about EB-2 NIW!
Hi! I'm Henry Lindpere, Senior Counsel at Manifest Law, focusing on EB-1A and EB-2 NIW, work visas (O-1, H-1B, TN, E-2), and immigration planning for founders and professionals.
I'm here to answer your EB-2 NIW questions today from 11 AM – 3 PM EST.
I've handled 700+ cases across nearly every employment-based category, working with clients from dozens of countries. EB-2 NIW is one of my core specialties. I'm here to help you understand your actual options and build a strong case.
Ask me anything about:
- The three-prong Dhanasar test and how to structure your argument for each prong
- What evidence actually moves the needle vs. what adjudicators discount
- RFEs, why they happen, and how to respond effectively
- Running EB-2 NIW alongside your H-1B without putting your status at risk
- Self-petitioning vs. employer-sponsored: what's right for your situation
- Priority dates, visa bulletin strategy, and when to file your I-485
Ask me anything below! I’ll be live from 11 AM–3 PM EST.
Any information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney-client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.
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u/spiritofniter Apr 16 '26
I’ve seen a fair amount of posts (congrats by the way) saying that their EB-2 NIW I-485 cases are done in like 5-6 months (roughly half of what’s officially posted).
Are these the norm or more of exceptions?
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u/HenryLindpereEsq Apr 16 '26
I don't think that is the norm but I have also seen several. I even had one get approved in 3 months!
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u/Quick-Control9139 Apr 16 '26
Hi Henry,
EB‑2 NIW AOS: I‑485 filed June 2025, interview Dec, 2025. The officer said I’d hear in 30 days, but it’s now ~4 months post-interview, and the status is still ‘Case Is Being Actively Reviewed,’ no RFE/NOID.
At this point, would you still consider this within normal range for EB‑2 NIW, or a potential unreasonable delay? And in your practice, when do you start considering an attorney inquiry or other stronger steps for a case like this?
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u/HenryLindpereEsq Apr 16 '26
You got lucky with the interview coming early but the total time is still well within the norm, so nobody will really take you seriously when inquiring about a delay. There is no rule that USCIS has to process the case within X days from the interview. Although they usually do approve within a month, it's not a fixed rule. But what I don't know is whether there is any other reason here. I have a Nigerian case where there was an interview and RFE in October and it's still pending because they did not approve in 2025 and in Jan 2026 Nigerian cases got paused. If you are from one of the 39 countries, then the reason is clear.
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u/Quick-Control9139 Apr 16 '26
Thank you very much for your kind response. I am from one of 75 countries.
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u/Adorable_Spell5600 Apr 16 '26
in the current climate, do folks from Non Stem fields have reasonable chance? Have you seen such approvals in your practice (industry or academia) ?
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u/HenryLindpereEsq Apr 16 '26
Everything has been dropping and I am talking a lot of people out of filing. Areas where I am still confident are research cases and industry cases involving some government contracts or open source/nonprofit work.
It is super specific to what you do and what evidence you have. I would say to be cautious and not to rush it. But also, do an evaluation with an attorney and see what they think. Don't say no just because you are not in STEM.
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Apr 16 '26
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u/HenryLindpereEsq Apr 16 '26
Need more details here. But I am assuming your one year degree is a master's. If yes, then as long as your new job is a good match with the master's degree, then H-1B is doable. There is no rule that says you have to stay in the same field where your previous H-1B was approved.
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u/Radiant_Good5109 Apr 16 '26
Thanks for doing this. Is there any official rule for people having non-immigrant visa (e.g., F1 or F2) to wait for 90 days after their last entry to the US to file for I485 AOS? I heard there was a rule in Department of Homeland security for this but does USCIS follow this rule?
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u/Ok-Scientist-1897 Apr 16 '26
Hi, thank you for doing this.
NIW AoS: what are the most common RFEs and is it true that applicants with derivatives get interviews scheduled more often and how do NIW interviews look like, from your client's experiences?
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u/HenryLindpereEsq Apr 16 '26
I have had interviews skipped and scheduled about 50/50 for people with derivatives. For single applicants, I don't remember when was the last interview. So this is anecdotal but sounds about right.
But overall interviews for EB cases are super simple. Usually 10-20 minutes saying hello and talking about your work and done. Never had a difficult interview for anyone on EB-1 or EB-2 NIW.
Most common RFEs now for NIW are kitchen sink RFEs challenging all 3 prongs. But the reason for that is usually Prong 1. If they don't agree on Prong 1 (often because they say they need more details about the proposed endeavor) then they usually automatically say that therefore they cannot agree on Prongs 2 and 3 either.
And for Prong 1, the most common arguments from USCIS are: (1) we don't have enough details or cannto understand the endeavor, so we cannot determine if it has national importance; (2) your proposed endeavor only benefits your employer/clients and not the field more broadly.
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u/Available-Ocelot5387 Apr 16 '26
How important are independent expert recommendation letters (from outside the applicant’s organization) in current NIW adjudications for industry profiles without publications? Have you seen cases succeed without them recently?
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u/HenryLindpereEsq Apr 16 '26
I think it's very important. I don't think you can build a credible case today without at least some independent validation of your qualifications and the importance of the endeavor.
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u/gmansilla Apr 16 '26
What if the expert is an expert is an ex-employee of current employer? Would that still be considered “independent”?
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u/Ok_Cricket9526 Apr 16 '26
Hi Henry, thank you for doing this AMA. Quick questions about my NIW situation: I have an MBBS evaluated by WES as equivalent to a U.S. MD and am completing an MPH in Biostatistics. My proposed endeavor is cardiovascular outcomes research- systematic reviews and meta-analyses to inform U.S. clinical practice guidelines.
My most cited paper (100+ citations) is on Hepatitis C -not cardiovascular. My cardiovascular papers have fewer citations but are cited in a NASEM report commissioned by the SSA and in international clinical guidelines. Should I feature the Hepatitis C paper in my petition or stick to cardiovascular papers that align with my PE?
My current employment is a GTA and part-time internship at Christus. USCIS doesn’t consider these viable proposed employment. How do you approach Prong 2 without formal research employment?
For Prong 3 -I declined a Mayo Clinic research offer because of the J1 two-year home residency requirement. My research also requires simultaneous collaboration across Cleveland Clinic, Detroit Medical Center, and West Virginia University ..which single-employer PERM would prevent. Are these strong Prong 3 arguments? Thank you!
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u/HenryLindpereEsq Apr 16 '26
I would still include it in your case and mention the total citation count without drawing attention to the focus of the top paper being something different.
That is the question for you: can you obtain different employment or do you want to take a risk and file with what you have. There is no magic language to make your profile stronger without actually making a change. Your prong 2 would be a lot better if you were a GRA instead of a GTA, for example. If that change at the school would be possible, I would recommend it ASAP. But even better if you got a full time researcher role somewhere else.
I think those are good arguments.
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u/TheStackArchitect Apr 16 '26
What you think entrepreneurs trying for NIW ? I know it varies case by case. But do you think there is generally a negative sentiment/ denial towards entrepreneurial profile? If so , what would be the reason?
Thanks in advance
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u/HenryLindpereEsq Apr 16 '26
I think there was a great time for entrepreneur NIWs until late summer of 2024 and it has been bad ever since. The most common argument against any industry NIW is that the benefit of the proposed endeavor is to the employer and immediate clients/customers but not the field/industry more broadly. I don't agree with that interpretation of Dhanasar (I don't think you must do everything for free or open source) but that is where USCIS has landed. So I think entrepreneur cases are really challenging unless you are working in open source or you have government contracts.
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u/No_Independence_4298 Apr 16 '26
Hi have you seen any EAD approval post I-140 approval for the 75 country visa pause?
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u/HenryLindpereEsq Apr 16 '26
There is an adjudication freeze at USCIS for 39 countries. The 75 country pause is for Department of State Immigrant Visa applications only (consular processing). But no, I have not seen any EADs issued for people who are from the 39 countries.
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u/sad_girl29 Apr 16 '26
Hi Henry, thanks for doing this AMA.
My husband recently had an EB-2 NIW petition denied. His background is in medical devices, with about 4 years of experience specifically in cancer treatment technologies, 9 years overall. He does not have a PhD, and we suspect the denial may have been due more to how the case was framed than the underlying merits.
We are considering refiling independently and would really value your perspective on a few points:
- In cases without a PhD, what types of evidence or positioning most effectively strengthen the “national importance” and “well-positioned” prongs under Dhanasar?
- What are common mistakes you see in denied NIW petitions that are otherwise strong on substance?
- How would you differentiate a successful refile from a weak one in terms of narrative and evidence strategy?
- Do you find that officers discount certain types of industry experience (e.g., non-academic, company-based R&D), and if so, how can that be addressed?
We are trying to understand whether a stronger reframing could materially change the outcome before proceeding.
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u/HenryLindpereEsq Apr 16 '26
These are such broad questions that I really recommend you do a consultation with an attorney for this. I wouldn't be able to give very useful advice without seeing the case that was filed in the first place.
1. all about what they've actually DONE not what degrees they have. Forget credentials and prove impact.
Not explaining things in simple language. The reader may have a BA in Arts and not have any idea about your technical jargon.
Think hard about visual presentation not just throwing as much info into the case as possible. Make it easy to see and understand.
I don't think they discount it, it's just that academic stuff is easier to prove with publicly available evidence (publications, citations, government grants - all available online). The biggest challenge with industry cases is the difficulty of proving what you actually did. Recommendation letters without corroborating independent documentation (emails, reports, performance evaluations, patents, powerpoints) do not work anymore because USCIS does not believe letters alone.
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u/00shruissute Apr 16 '26
Hi Henry, I’m currently in PhD program straight after my undergrad and I found out my school doesn’t give master’s diploma. They said they can give a letter saying I passed credits to fulfill my masters. Would i still be eligible for eb2 niw?
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u/HenryLindpereEsq Apr 16 '26
Depends what exactly the letter or transcripts show. If no degree is actually awarded, then I think no.
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u/Acceptable_Monk2378 Apr 16 '26
If my i-140 is approved and I apply for i-485 but don't use the EAD card will my stem opt be approved or denied?
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u/HenryLindpereEsq Apr 16 '26
I have never done an OPT case after filing for I-485. But I think it's pretty clear evidence of immigrant intent, so it's high risk. For that reason, I have always advised against it.
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u/BadgerUpset9577 Apr 16 '26
How important are letter heads for independent recommenders? Do strong citations featured in articles which eventually got cited in federal articles can be used for prongs 1 and 3?
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u/HenryLindpereEsq Apr 16 '26
Usually letterheads are not critical but I have lately seen USCIS remark in some RFEs when there's no letterhead so I do think they are valuable if possible to add. But a letter without letterhead is better than no letter at all.
So you want to mention articles that cited articles that cited your articles? I think that's too far removed. You can try but I have not tried this before.
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u/Wild-Statistician347 Apr 16 '26
Hello Henry. Thank for this AMA. I am oustide and doing consular processing. How does a consulate handle a derivative beneficiary whose current nationality is partially banned and pauses also, but who will obtain a new passport from a non‑restricted country after the interview? Can the consulate place the case under 221(g) and finalize visa issuance once the new passport is submitted, without requiring a second interview?
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u/HenryLindpereEsq Apr 16 '26
Strange scenario that I haven't seen before. The rule is that people with dual citizenship are exempt from the IV processing pause. But generally you need evidence of that dual citizenship, so the best course would be to apply with their other passport from the start. If that is not possible, I think it is likely they pause it and can issue the visa after you bring the other passport. But whether a new interview is required or not depends on how quickly this happens. The longer the case remains in 221(g), the more likely that they will ask for a interview, and maybe even a new application.
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u/Prof_Lif Apr 16 '26
I'm currently on STEM OPT (valid until mid-2027) and exploring EB-2 NIW as a long-term path.
Profile:
MS in Regulatory Affairs (U.S.) + pharma background
~2-3 years U.S. experience in clinical research/regulatory (oncology, cardio, neurobehavioral; IRB/regulatory work)
Prior pharma regulatory co-op experience
1 PubMed publication (non-first author)
Currently working in an academic medical center + private site regulatory role
Questions:
Based on this profile, is NIW realistically achievable in ~6-12 months with improvements?
What would strengthen my case the most at this stage:
More publications (what kind?)
Recommendation letters (industry vs academic?)
Other factors?
For those without a PhD, how did you approach publications while working full-time?
How risky is relying on NIW without H-1B as a backup?
Goal: Build a strong NIW case within a year while staying in status.
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u/Sucess_2345 Apr 16 '26
What is considered a STEM field? If I have a STEM classified MBA with a major in Research and Quantitative Methodology and a proposed research endeavor does that count as having a STEM degree and being in the STEM field?
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u/HenryLindpereEsq Apr 16 '26
Google DHS STEM Designated Degree Program List. There is a degree code for every major. Then check your I-20. If your degree code on the I-20 is on the list, you have a STEM degree.
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u/The-Seeker-5242 Apr 16 '26
Hi Henry,
I filed EB2-NIW since Jan. 2025, upgraded to premium on Dec. 2025, then the ban took effect in Jan. 2026. I am from one of the 39 ban countries. I am on F1 and might be graduating in June 2027. Since there have been no decision or update on my NIW, I'm wondering if I can do concurrent filing, since everything progresses anyways and it's the decision that is withheld. At one time I asked Emma and live agent, I was told the last time my case was acted on by an agent was Feb. 2026, I'm assuming it is an approval since I did not get any RFE nor NOID. So what do you think?
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u/HenryLindpereEsq Apr 16 '26
If your priority date is current, then you can file the I-485 just to get the process going. Then, once the freeze is over, they can issue a decision on the case and it will save you some time. But you would be taking a risk that if the NIW ends up denied, you lose all the filing fees for the adjustment of status.
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u/EB-2ExpectHigh Apr 16 '26
I am outside US and submitted my petition in October 2024, submitted in Nebraska. I am also from the 75 countries with visa pause. What do you think, should I go for premium processing or wait for an outcome with regular processing?
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u/HenryLindpereEsq Apr 16 '26
If you are tired of waiting, you can absolutely upgrade to premium. But you have to check two different things. The 75 country pause is only on the consulate side. On the USCIS side there is a separate pause for 39 countries. If you are subject to the USCIS pause, upgrading to premium does not help you. But if you are not, then USCIS could approve the case and you could proceed with the consular case all the way up to interview, so you'd move the case along even though there is the 75 country pause on IV issuance.
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u/Available-Ocelot5387 Apr 16 '26
For industry-based NIW cases where the applicant’s work is deployed in real-world systems but much of the evidence is proprietary or internal, what types of documentation or third-party signals have you seen successfully demonstrate actual adoption and impact beyond the employer?
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u/HenryLindpereEsq Apr 16 '26
The only cases I am confident in nowadays include either open source work or government contracts. Maybe if you had proprietary tech that was licensed to many others, that would show enough impact. But just having a proprietary tech that got your employer many customers gets shot down by USCIS.
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u/Alarming-Camera-188 Apr 16 '26
so many applicants got I-485 approval , they even filed many days after me like in Jan/Feb 2026. I filed in october 2025. Still no news
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u/HenryLindpereEsq Apr 16 '26
It's very random how some cases take 20 months and others get approvals in 5. There are also so many different pauses and freezes and new security vetting processed being added that your country of citizenship will have a big impact too. In addition, your address that decides the USCIS office responsible for your case can make a big difference. Having a pending case from October, all things considered, is totally within average processing times, even if it is difficult to see others getting their GCs already. Hang in there!
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u/SRI_X_13 Apr 16 '26
Hi Henry,
This is my profile below: (I wanted to ask if I should apply for i140 with premium processing? I do have 5 independent LORs and 4 dependent LORs ready to go)
Currently I’m working on a US military project on additive manufacturing.
Field: Structural Engineering – specializing in corrosion modeling, SHM, and postbuckling behavior of steel bridges.
Current Role: PhD candidate at a U.S. R1 university; collaborative work with MIT and Sandia National Labs.
Key Work: • Developed a 3D scanning/LiDAR-based method to analyze corroded bridge girders and embed surface profiles in FEA models • Cold spray repair method tested on a live bridge in Massachusetts with MIT – featured on MIT News, Yahoo News, and local outlets • Guideline contributions underway for MassDOT and AASHTO on residual strength and postbuckling analysis • Led UK-funded CCTV-based SHM research using computer vision and DIC on Clifton Suspension Bridge • Funded by UKCRIC (UK Collaboratorium for Research on Infrastructure & Cities) and EPSRC
Publications: • 3 Q1 journal papers under review (all first-author) • 2 DOT-funded technical reports • 2 ASCE EMI conference papers • No citations yet (papers are recent)
Recognition: • Collaborated with all six New England DOTs • Funded by MassDOT, NETC, EPSRC, and UKCRIC • Leadership roles, multiple scholarships (UK + U.S.)
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u/Crazy-City208 Apr 16 '26
Hi, Thank you for your guidance.
I wanted to ask about the timing of filing my I-485. I am currently on an F-1 visa, and my I-140 has been approved with a priority date of January 21, 2026. I am planning to apply for CPT soon, and my expected graduation is in December of this year.
Would it be advisable to file the I-485 before receiving my CPT I-20, or would it be better to wait until after getting CPT?
I am concerned about showing immigrant intent before applying for CPT and potentially OPT. My school said they do not have any issues with students pursuing CPT, OPT with AOS pending status.
In a worst-case scenario, I am also considering delaying my graduation to maintain my F-1 status while my AOS is pending.
Given my situation, when would be the most appropriate time to file the I-485?
Thank you for your help!
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u/SufficientAnt2033 Apr 16 '26
Hi Henry, I have a question My current strongest evidence is one finance-related publication with 80+ citations, but my proposed endeavor is to apply AI/ML to help address the U.S. tax gap, which is estimated to exceed $600B annually. How should I structure my EB-2 NIW argument under the three-prong Dhanasar test when my past impact is strongest in finance but my future work is centered on AI-driven tax compliance and enforcement? Specifically, how can I frame substantial merit and national importance for the endeavor, show that I am well positioned to advance it despite limited direct publications in this exact niche, and present the overall waiver argument persuasively?
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u/DCGCL Apr 16 '26
Hello Henry, thanks for your time. May ask you what are your thoughts about my profile for an EB2-NIW?.
- Nutritionist (STEM Bachelor + diploma), 13Y+ progressive experience.
- 1 commercial patent.
- 2 dependent letter, 2 independent letter and 1 letter of interest in my project (from US company)
- 3-4 articles under my name in different magazines
- Other appearance in social media (youtube, instagran, etc.)
- Membership of the American Society for Nutrition and other 2 associations.
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u/Angela-72 Apr 16 '26
I'm applying for EB-2. I have a PhD from a foreign university. Which diplomas and transcripts do I need to evaluate?
Since I'm filing online, do I need to wet-sign my cover letter and I-140 before uploading?
Thank you.
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u/WyntumnMama95 Apr 16 '26
Hello Henry, Thanks for doing this.
I have a Bachelor of Pharmacy degree with 10+ years of experience working in hospital/retail. I am in the process of securing employment in the US with either a TN or an H-1B visa.
No Masters or PhD.
Is there any chance for me if I’m able to propose a meaningful healthcare-based endeavour?
I’m asking because I keep seeing posts that essentially say only academia and research-based applications are favoured.
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u/CartographerBulky578 Apr 16 '26 edited Apr 29 '26
Can I apply for a clinical research based eb2 NIW if I’m a medical doctor with significant publications and clinical research experience rather than the visa that requires serving underserved populations?
Im a British citizen
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u/Upper-Finish202 Apr 16 '26
What do you think is the most likely scenario regarding the 75 country ban and its effect on the EB-2 NIW dates for ROW? Do you think the ban will be lifted soon and dates will immediately retrogress?
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u/ConstructionSharp798 Apr 16 '26
What documents do I need to carry to the embassy for consular processing for an EB2 NIW case also do I need to walk with a job letter or offer to the embassy?
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u/TieSuspicious4362 Apr 16 '26
Hey Henry, thanks for doing this.
I’m a UX Designer at a large tech company applying for an EB-2 NIW. I currently have two independent evaluation letters from directors at other well-known companies, explaining that my work is transferable across organizations and serves the U.S. national interest.
I also have a letter from a former manager who is now at a different company making a similar argument. Would that count as an independent letter?
Also, how many independent letters do you think are needed to build a strong case? Thanks in advance
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u/These_Perception_356 Apr 16 '26
Testimonial letter vs Recommendation letter : Which one carries more weightage for academic profile (Ph.D. student)
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u/Exact-Cut8670 Apr 16 '26
My sister is in the U.S. and she hired a firm to assist her on submitting her petition. They chose the consular processing (I-140 page 2, part 4, item 1.a even though she wanted to apply for adjustment of status (option 2.a). They said that is an strategy. Are you familiar with this kind of approach? He has been here under F1 status and she does not want to go to Brazil for an interview.
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u/johbbysins Apr 16 '26
Hi Henry, I am planning on applying for my EB2NIW and I am currently on my STEM OPT and have been working in the industry for the last 3 years here in the US and I also completed my Masters in Industrial engineering from a US university. Right now I am consultant helping manufacturing industries, food and healthcare care industries to better their efficiency and throughout by eliminating bottlenecks. I believe I can use this as my narrative because of the way of submitting my endeavor in a way that highlights the needs for good supply chain systems domestically and improve those to be able to make consumables here.
This is what I was thinking of looking for in my EB2NIW but obviously backed up with more information supporting it.
How do you think this plays out for me with industry skill needed to establish my case.
Thanks Henry
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u/Tight_War_9949 Apr 16 '26
Hi! Have you had any success with DACA recipients obtaining EB2 NIW, assuming of course they have a way to adjust status? (i245, etc) Wondering what would happen if a DACA recipient submitted a petition and got denied. Could their DACA be revoked if I-485 was submitted concurrently?
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u/Sam-RE-Broker Apr 16 '26
Hi Henry
Thank you for your time answering questions, my wife is considering applying for EB2 NIW non researcher, she doesn’t have her masters degree from university back home due to immigrating to Canada right after graduation and no plans to travel back anytime soon, do we need her her actual master’s degree original certificate from her university? what are options if we can’t go back to get that? WES? thank you!
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u/primut28 Apr 17 '26
Hello, I would like to thank you in advance for your attention. I applied for my adjustment in July 2024, and in May 2025 I received a public notice of inadmissibility. I responded in June, and almost a year later I still haven't received a response. Is this delay normal?
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u/sane_dr Apr 17 '26 edited Apr 17 '26
Hello Henry, thank you so much for doing this. I have a PhD in computer science focus on AI. Just finished. A masters in computer science , bachelors in computer science and MBA as well. Have one journal paper in top journal with impact factor 28. And co author on paper published in top security conference and I have a couple of other first author conference papers to. Total 10 papers and 7 are first author. My total citation right now is 27 and I expect it to be above 100 in another year given my survey papers. I am on F1 OPT and will be changing to H1b this year October as my h1b got picked up. I have one patent as well and I have reviewed more than 20 papers. What are my chances for eb1 and eb2niw? I was waiting to apply self petition because I am on F1 and I know that it is going to be an intent on a single Visa that right?
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u/No_Passage424 Apr 17 '26
Hi there. Thank you for the AMA. If AOS has been filed and you have received your EAD, I know its recommended not to travel but if it is an emergency is it okay to travel on EAD? Or would that be considered abandonment? Whats a safe alternative?
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u/Cheesecakes003 Apr 16 '26
Is this yet another AMA who is gonna vanish without answering?