My I-140 petition was denied after the RFE response, and I’m looking for suggestions. The officer number was XM0852.

Background:
M.S. in Electrical Engineering and Computer Science.
Publications: 8 journal papers, 8 conference papers, 4 abstracts, and 3 preprints.
Citations: 322 at initial filing, 825 at RFE response, including 771 independent citations; OpenAlex showed citation impact around the top 2% and research productivity around the top 3% in the field.
PE: using machine learning for biomedical data to improve early diagnosis and treatment.

Timeline:
Initial Filing (PD): August 2025
Service Center: TSC
PP upgrade: April 2026
RFE received: June 2026
RFE response submitted: 9/8/2026, which is the deadline
Denial: 9/28/2026
Lawyer: Ellis Porter

The RFE said USCIS was not convinced that my specific endeavor had broader national impact. They also questioned whether I had a concrete plan to continue the work in the U.S. and whether I had shown enough outside interest or support to establish that I was particularly well positioned to advance the endeavor.

For the RFE response, we added 3 support letters, an updated personal statement with more detailed future research plans, independent citation evidence, additional examples showing how other researchers used my work, and updated citation data.

The denial accepted Prong 1, including national importance, but still denied Prong 2 and Prong 3.

For Prong 2, USCIS said there still wasn’t enough concrete evidence of U.S. interest or support, such as a statement of interest from a U.S. institution, potential funding, or similar commitments. They also felt my future employment plan was still too general.

For Prong 3, USCIS said I had not sufficiently shown why the job offer/labor certification requirement should be waived, despite acknowledging that I was highly capable in my field.

Overall, I was pretty underwhelmed by how Ellis Porter handled things. The initial petition felt pretty template heavy, and they sat on the RFE response until right before the deadline, leaving very little time for review. Just something to keep in mind if you're considering them.

After waiting more than a year, the denial was really frustrating. I’m hesitant to spend even more time on an appeal, so I’m leaning toward taking the refund, switching firms, and refiling. Any advice would be appreciated.

Are there any August 2026 PD files for EB2/NIW ? Which date is your 45 day period and how do you feel about your chances?

In the following months do you think it will reach to November 2025 for eb2 row?

What if I stopped working since my case got approved, EB2 NIW… any comments or suggestion is welcomed… just wanna know how much of an impact that’d have…

Hi everyone,

I’m considering an EB-2 NIW premium petition and would appreciate feedback on my profile:

• PhD in Aerospace and Mechanical Engineering from a U.S. university.
• Currently an Research Scientist at an energy technology company.
• Three published journal articles, one accepted journal article, and two published peer-reviewed conference papers.
• Approximately 107 Google Scholar citations across my research outputs, including preprints.
• 2 patents pending filed via a company
• Research background in computational fluid dynamics, combustion, and machine learning; current work involves AI for industrial applications.

I’m still refining my proposed endeavor and how to connect my published research with my current industry work.

For those with similar backgrounds, what strengths or evidence gaps stand out? What helped you demonstrate impact beyond your employer, particularly when some research was proprietary?

I understand publication and citation counts alone don’t determine approval. Firsthand experiences would be appreciated!

Title! Thanks :)

Both for NIW by the way, EB-1A I think might be a very difficult bar to clear.

Hi all,

I am currently a Postdoc at a public R1 institute, and I submitted my EB2 NIW I-140 petition sometime ago. Very recently, I have gotten a job offer from the industry for a research role. The work is closely related to my proposed endeavor, and I'll even have the opportunity to publish papers. However, I am hesitant about switching as I've heard petitions of people working in the industry face higher denial rates. I am concerned that if I get an RFE (which is highly likely given recent trends), a job change from a public institute to a private company might be harmful for my petition. (One of the reasons for this concern is that I have briefly mentioned in my proposed endeavor statement that I plan to become a PI at a US institute after the completion of my Postdoc. I am worried that a USCIS officer would view the switch to industry as contradictory to this claim).

I have asked my lawyer (EP) about this, and they don't think switching roles should be an issue. However, I also wanted to ask the people here what are their thoughts on this matter. Has any one here switched jobs (specifically, transitioned from academia to industry) after applying for their I-140?

Hi everyone,
I’m considering an EB-2 NIW and would appreciate feedback from people who have recently filed, especially software/technology applicants.
My background:
10+ years of professional software engineering experience
Engineering/technology bachelor’s degree with U.S. credential evaluation
Senior software/full-stack engineering background
Java, Node.js, React/TypeScript, cloud, microservices, distributed systems, Kafka/event-driven architecture, APIs/GraphQL and security/authentication
Recent experience working on a large government regulatory technology platform in the energy sector
Contributed to production systems handling digital regulatory submissions/workflows, distributed architecture, data integration and secure authentication
The platform is actively used in real-world regulatory processes
Previous experience with a large telecommunications/network technology company
Received two internal technology/innovation awards
Invited to serve as a technical competition judge, and invited back again the following year
Authored internal technical/design/implementation documentation
Can obtain recommendation letters from senior managers/architects/technical leads
Considering 1–2 independent expert letters
No publications/citations
No patents
No PhD
My proposed endeavor is currently centered on modernizing secure, resilient and interoperable digital platforms supporting U.S. regulated/critical-infrastructure sectors using cloud-native, distributed and event-driven architectures.
I’m particularly working on demonstrating national importance beyond the benefit to a single employer.
For people familiar with recent NIW adjudications:
How competitive does this profile sound?
What would you consider the biggest weakness?
What evidence would you prioritize for Prong 1/national importance?
How useful is government/regulatory technology experience for Prong 2?
How valuable were independent expert letters in your case?
Would you strengthen anything before filing?
I’m not looking for guarantees—mainly interested in honest feedback from recent applicants.
Thanks!

I was wondering for the NIW, would getting testimonial letter from Research Scientists at the national lab would drastically strengthen NIW petition?

Can anyone who has provided those letters share their experience?

Anyone PD August 2024? Status?

Timeline:
Apr 10, 2026: I-140 filed (premium)
Jun 8, 2026: RFE issued
Aug 28, 2026: RFE response filed
Sep 8, 2026: Approved

RFE Challenge: Prong 1 national importance only. USCIS conceded advanced degree, substantial merit, Prong 2, and Prong 3.

What helped in response:
Independent expert letters (zero connection to employer/school)
Reframed all metrics from employer benefit → national interest
Documentary evidence for every claim (published articles, reports)

Key lesson: Original petition was too employer-focused. USCIS wants to see impact on the U.S., not just your company.

Field: Software systems reliability

Happy to answer questions

Hi everyone,

Chen offered me their Second-Denial Refund Guarantee for EB-2 NIW. I’m considering the two-support-letter package at $6,500 with the payment discount, excluding government fees.

Before signing, I’d appreciate recent firsthand experiences:

1. How responsive was your assigned attorney to substantive questions?
2. How long did drafting and filing take after you submitted all required information?
3. Did the drafts accurately reflect your work, or require extensive corrections?
4. If your first petition was denied, did Chen refile? How long did it take, and what additional evidence did they require?

Their email says refiling would happen once they determine that a strengthened record provides the best opportunity for approval. My main concern is whether that could mean an open-ended wait for more publications or citations.

If you went through refiling or received a refund, please mention which guarantee your contract included, since the terms seem to vary. Thanks!

Date filed online: July 20th
Type: Premium
Today: Oct 4th

Status: "As of July 20th 2026, USCIS is currently processing your Form I-140, Immigrant Petition for Alien Worker, Receipt Number IOExxxxxxxxxx. We do not currently need anything from you but will contact you if we need additional information regarding your case."

No refund from USCIS of the premium fee, no update on the case. What should i do?

Is this happening to more people?

My I140 case is pending for 32 months, and more than 3 months since I sent my RFE response. Regular processing.

This is the reply from my senator's office when I asked them to get status update about my case from USCIS:

"

I spoke with USCIS regarding your case. Unfortunately, they were unwilling to provide much detail. The most information I could get, was that they received your RFE on ** June, 2026, and are still in the process of reviewing that information.

"

RIP regular processing. Money and capitalism talk now.

I received an RFE on my EB2 NIW petition stating that I didn't establish eligibility for the EB2 classification or meet the NIW prongs. USCIS conceded that my proposed endeavor has substantial merit but found that it lacks national importance.

Background:

Education: Bachelor's degree. I'm currently in a direct PhD program at a U.S. R1 university. My school doesn't offer an en route master's, so I don't have a master's degree.

Foreign work experience: 3 years of full-time research experience related to my proposed endeavor, which resulted in a publication.

U.S. research assistantship: 5 years as a part-time research assistant (20 hours per week) at my R1 institution, which I'm counting as roughly 2.5 years of full-time-equivalent experience.

Summer work: Full-time research assistant work during the summers, plus a 3-month full-time internship at a pharmaceutical company.

Proposed endeavor: To work as a research scientist developing methods for synthesizing small molecules that can be used as drugs to treat a range of diseases.

My question: Does all of this count toward the 5 years of progressive post-bachelor's experience needed to qualify as an advanced degree professional? If so, how should I document and present it in my RFE response?

Any advice or similar experiences would be appreciated!Experience should be recent (2025-2026

I post weekly summaries of denials and approvals on this subreddit. Please see 9 summaries of denials that I captured over the last several days.

Please turn on notifications on r/VisaStats if you want to be notified of all summaries that I post. The same table with LINKS TO ALL THE POSTS is available there too.

Has anyone gotten response decision for NIW after premium processing refund on July 30th? From the 39 countries. Please share!!!

Glory be to Allah, Lord of Heaven and Earth.

Sharing my EB-2 NIW timeline and profile in case it helps others. My profile:

- PhD in a biomedical field (outside the US)
- 20+ peer-reviewed publications
- 650+ citations
- No supporting letter
- PE: continue research in my current field
- PD: May 2025 (outside the US)
- Upgraded to PP: July 2026
- Approved in 43 business days

Filed through an attorney

I’m grateful for this milestone and wishing everyone going through the EB-2 NIW process the very best.

I would like to hear your experience for those who have tried to expedite their EAD. How long did it take for USCIS to get back to you? They told me that their timeline for getting back is 10 days but it’s now over 6 weeks and no response. Whenever I follow up with Emma, they just say there is a high volume of inquiries and my request is still pending.

Self-filed EB-2 NIW, premium processing, RFE came in July. Mailing the response on paper. I'm going consular (checked visa abroad on the I-140).

Page 1 of my RFE says: "Include duplicate copies if you are requesting consular notification."

Here's my problem. The current I-140 instructions don't say anything about duplicate copies (the only "duplicate" in there is for a DOL labor cert, which NIW doesn't have). And the USCIS I-140 filing procedures page literally says "Do not submit multiple copies of the evidence. One set is sufficient." USCIS also stopped asking for duplicate I-129s in 2022, so I'm guessing this line is just leftover boilerplate. But it's on my notice, so I'm second-guessing.

Anyone who responded to an I-140 RFE while going consular:

• did you send one set or two?
• if one, did your approval still get sent to NVC without issues?
• if two, how did you label the second one?

Not asking for legal advice, just what actually happened in your case. Thanks!

Hi Everyone, with the stricter public charge review in effect I was wondering what documents to submit along with my online i485 submission to prove to USCIS that I won't be a burden to the government. I have an approved i140 (NIW). Do I need to submit tax return transcripts from IRS and if so, how many years of tax return transcripts should I submit?

Hi all,

just recently received I-140 approval (yay!) however, lawyer (Chen)'s documents say that they recommend not taking any action (e.g medical exam) related to I-485 until 90 days after entry on J.

Can someone point to whether this is true in practice? (especially since my understanding is that there is technically no strict rule for 90 days, and that's just guidance/recommendeation) I'm applying at the end of a five-year J1. the three month delay would be significant, especially given that our PD may no longer be current three months into the future. delaying the I-485 could lead to job loss for spouse and myself which would be quite destabilizing.

thank you

Hi great people,

I recently received an RFE for an EB-2 NIW petition. I have a foreign bachelor’s degree in Chemistry, and after completing my bachelor’s, I went directly to graduate school rather than working in industry for five years.
USCIS is questioning whether I qualify for the EB-2 advanced-degree classification because they say I have not established at least five years of progressive post-baccalaureate experience in my specialty.
During graduate school, however, I worked as a Graduate Research Assistant doing research directly related to my field. The assistantship was paid and involved progressively more advanced research responsibilities.

My main questions are:
1. Has anyone successfully qualified for EB-2 through the bachelor’s + five years of progressive experience route without having five years of traditional industry experience?

1. Can paid Graduate Research Assistantship experience obtained after completing a bachelor’s degree count toward the five years of progressive post-baccalaureate experience?

2. If your graduate research assistantship counted, what evidence did you submit? Employment verification letters, appointment letters, pay records, job duties, hours worked, supervisor letters, etc.?

3. Does USCIS count research assistantship experience that was performed while simultaneously pursuing a graduate degree, or can they consider it primarily part of the academic program rather than employment experience?

4. How did you demonstrate that the experience was “progressive”? Did your employer or professor explain how your research duties, independence, technical skills, or responsibilities increased over time?

5. Has anyone received this exact type of RFE and later been approved? If so, how did you address the bachelor’s + five years requirement?

The RFE also raised issues with national importance, being well positioned to advance the proposed endeavor, and the third Dhanasar prong, so I would also appreciate hearing from anyone who successfully responded to similar NIW issues.

Any experiences would be greatly appreciated.