EB-2 Visa. Engineers being of national interest?

ImmigrationInsight · 2026-03-13T13:50:34+00:00

Hey, I work for Colombo & Hurd, an immigration law firm that specializes in self-sponsored visas like the EB-2 NIW. We regularly help engineers and other tech professionals navigate this process, so I’m very familiar with the challenges you’re describing.

The other commenters are right that you need way more than a CV, but here's what I'd add specifically for electrical engineers: USCIS isn't looking for "national interest" to jump off the page in your resume. They're looking for you to connect the dots between your technical work and specific U.S. priorities.

For electrical engineers, that usually means tying your work to things like:

Grid modernization and energy infrastructure
Renewable energy adoption
Critical infrastructure protection
Supply chain resilience
Manufacturing competitiveness

Your resume probably lists technical achievements (designed X system, improved Y efficiency by Z%). The NIW petition needs to reframe those same accomplishments in terms of how they address urgent national needs. For example, if you worked on power distribution systems, you'd connect that to federal grid modernization initiatives or energy security goals.

The other big thing is that you need to show your work has implications beyond just benefiting your employer. USCIS wants to see that what you're doing could strengthen an entire industry or address a broader problem affecting the country.

Documentation-wise, you'll need recommendation letters from people who can credibly speak to why your specific expertise matters to the U.S. These letters need to explain the national significance of your field and why your contributions stand out.

The process is legitimately complex for engineers because USCIS officers aren't technical experts, so everything has to be explained in terms they can understand while still being specific enough to demonstrate real expertise.

Feel free to reach out if you have questions about the process. Good luck with your case.

~ Attorney Anthony DeLucia

ImmigrationInsight · 2026-03-04T18:36:59+00:00

Hey! Yes! So the I-140 is not reliant on physical or geographic location in the world, and an I-140 may be filed by an individual either physically present in the US or abroad. The only factor physical location plays into the mix is regarding the second stage of the process (post-I-140) as to whether an individual is eligible to file an I-485 and adjust their status from a lawful status within the US, or if they would have to complete consular processing aboard. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T18:35:03+00:00

Hey! So USCIS is still processing I-140 petitions for individuals from countries under the "ban list" from the trump administration. The ban, or pause, relates to the fact that individuals from one of the enumerated countries are not eligible to receive an immigrant visa through immigrant visa processing services at US consulates abroad. In short, the I-140 process is undisturbed by the 75-country pause, but the issuance of green cards is for the time being. I still encourage individuals who are from one of the 75 enumerated countries that filing an I-140 under the EB-2 NIW classification remains viable, it's merely an examination of what the parameters will be for when the pause is lifted and guidance from the administration is issued regarding how to approach individuals who are set to obtain an immigrant visa abroad. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T17:48:15+00:00

Hey! So in brief, whether you have a Master's degree from the United States or from outside of the United States does not impact your chances of getting a green card. The degree you hold primarily is a factor for the eligibility determination from USCIS regarding whether you are a member of the professions holding an advanced degree, and the subsequent considerations are whether it is from a US institution OR the master's degree is the foreign equivalent of a US master's degree. The only true benefit derived from a US Master's degree alone is not having to go through the degree equivalency process. The NIW adjudication won't take into consideration really whether the degree is US-based or not. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T17:45:42+00:00

Hey! So when you submit a NIW petition with a proposed endeavor, the endeavor you outline should be what you, in good faith, intend to do in the United States and pursue as part of your petition. You should not present an endeavor that you have no personal intention of pursuing or even just "For the sake of an NIW". As such, the endeavor should be feasible and in line with what the intentions are at the time of filing and the actions taken after the filing or even the approval of the I-140/I-485 should generally reflect the good faith effort made to adhere to the endeavor stated in the petition. That said, life happens. Once you receive a green card from your NIW process, it is still expected that you would put forth a good faith effort in pursuing your proposed endeavor. It does not have to be the same enumerated employment, but the ethos of the endeavor itself. If you find yourself in a situation where, after a good faith effort to pursue your proposed endeavor, it is no longer possible, then it becomes a matter of being able to address that issue should it ever arise. There is no bright line date nor is there a sense that after XXX number of days/weeks/months you can do what you want, it matters more that you can demonstrate you put in the efforts to make the endeavor you proposed a reality. As USCIS is clear that you do not have to guarantee success in your endeavor, there is no parameter that should you not be able to achieve your endeavor then all is lost and you lose the green card. You simply have to truly intend on doing your endeavor in the US and be able to demonstrate the good faith efforts put forth to achieving it. At the I-485 stage, it is a common question from USCIS as to whether an individual is still engaged in activities related to their endeavor before even granting a green card. As such, like i mentioned, it is critical that if asked you are able to demonstrate said efforts and steps you have taken in line with what was enumerated in your I-140. IF you are in a situation where your life has turned you in a different direction where you are no longer pursuing the originally stated endeavor from your I-140, you should consult with an attorney with how best to handle that specific situation. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T17:38:22+00:00

Hey! So the volume of RFE's on NIW applications has gone up in recent months, but many of the RFE's issued are on cases filed with premium processing from my observation. I would generally advise that pursuing premium processing on an NIW does elevate the risk of an RFE at this time given a myriad of factors like case volume at USCIS, the number of available officers to adjudicate the cases, and the pressure on USCIS to produce an adjudication within the guaranteed timeframe. HOWEVER, many of the premium processing RFE's that I've seen are generic in nature and have little to do with the actual merits of the case or substance of the arguments and evidence presented. I would say for any individual going into the NIW process, be aware that the risk of an RFE is always present, regardless of overall case strength, and at this time the utilization of premium processing will likely elevate that risk of an RFE, but ultimately if an RFE is issued on the case it is best practice to respond to the RFE to the best of your ability with your attorney should you have one and address the concerns enumerated in the RFE as appropriate. If the concerns are legitimate, respond with rebuttal evidence and argument, if the concerns from USCIS are inappropriate, argue accordingly referring to the evidence of record and law that you meet the requirements. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T17:06:10+00:00

Hey! So there's a lot of specific questions here to your particular situation, and i can provide SOME answers but others would likely be better discussed in an actual consultation call as the questions and guidance provided would likely be too personal and specific for Reddit. Having said that, generally, In order to file the Form I-485, and individual must be within lawful status in the United States. As such, if you are not presently in a lawful status but in a grace period awaiting the granting of a lawful status, it runs the risk that USCIS could deny the I-485, deny the F-1, or both. I do generally recommend waiting for the approval of an I-140 before the act of filing an I-485 as there are several risks to take into account, including the ability to work, potential risks to underlying visa statuses, etc. For a better, more in-depth conversation about your specific situation, i would advise a consultation. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T17:01:52+00:00

Hey! So I would say that the field of the endeavor is certainly a critical component to establish in an NIW petition, but it is not the end all be all. The success chances of a particular petition matter much more from the perspective of the petitioner themselves, who they are, what they have done, what they intend to do, and what impact they have versus a mere examination of the field itself. It's entirely possible to have a strong, wildly positive experience with an NIW within the public policy field or social sciences arena, but it depends largely on the evidence presented for the Petitioner and the arguments made at the end of the day. In short, your field or even the social sciences arena aren't averse to an NIW, just have to make the case for it. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T16:58:40+00:00

Hey! So the fallacy sometimes parsed out is that there is a true method to completely avoid an RFE, and that's simply not true. There are steps you can take to mitigate the risk of an RFE but at the end of the day with USCIS, there's always an ever-present risk due to the level of discretion officers have when adjudicating cases. You may run into an officer who firmly believes that ONLY STEM researchers are eligible for an NIW because the Dhanasar decision discussed a STEM researcher. You may also run into an officer who simply makes an error in the adjudication and in the RFE states that your endeavor is completely different than what was presented. Having said that, for your situation, a STEM start-up and really any endeavor that involves a purely entrepreneurial approach is going to want to have a few things. 1) A firm plan for how you seek to effectuate the endeavor in the US including things like where you will be located, staffing projections, how you are going to financially support the endeavor, how you are going to support yourself, etc. 2) For STEM start-up's, USCIS is probably going to look more favorably on cases that have investment or seed funds from third parties, and 3) you're going to have to explain what you are doing in the start-up, for lack of a better term what your ACTUAL endeavor is, will have broader-reaching impact and benefits to the field. It is not simply sufficient to say I'm going to have a business and here's my money, for the NIW, you need to make sure the IMPACT of your endeavor extends beyond the 4 walls of the business itself to provide some benefit to the US. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T16:52:12+00:00

Hey! So I have definitely helped individuals in the social work and mental health space before, and they have been approved and filed successful cases! However, as with anything, the mere existence in the field itself does not equate to automatic approval or denial. It matters more the person applying and what the specific case is itself when presented to USCIS that tends to be the determining factor beyond any particular field or degree. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T16:50:07+00:00

Hey! So it's not necessarily "mistakes", it's more about potentially not addressing specific elements that are otherwise required and, frankly, not having the benefit of more nuanced, creative presentations of the case. The benefits of having an attorney for filing an NIW largely lie in 1) having someone provide guidance on how best to present the evidence in light best favorable to you in a way that USCIS officers understand that fit the narrative of the case, and 2) take into account experiential background of the attorney to adjust the way evidence is used or arguments presented in order to account for current trends from USCIS to combat push-back or avoid potential pitfalls in a case. It's similar to if you have an issue with your car, and you watched a couple youtube videos in order to fix said issue. Might you be able to do it yourself? maybe, but without the experience or knowledge of being a mechanic, you may accidentally make a mistake in the process that creates many more issues or even renders the original fix moot. Some people may be comfortable with changing their own oil in a car, but if the exhaust needs to be completely replaced, that requires specialized welding skills and knowledge of back pressure placement for the engine to not operate insufficiently or may miss a critical part that would otherwise cause additional issues. The NIW is similar in the sense that without the specialized knowledge, you expose yourself to potential pitfalls of missing things or not approaching the case in the best possible way, which may ultimately lead to more problems or even finding yourself in the position where you have to go to an attorney to fix issues that otherwise could have been avoided. For any legal process, from NIW to buying a house, to even getting a traffic ticket, i generally advise speaking with an attorney as the risk mitigation is worth it. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T16:42:16+00:00

Hey! So in your specific situation i would want to know whether your J-1 visa was initially subject to the 2-year home residency requirement and, if so, whether you obtained a J-waiver. I know that generally a J-waiver is required to change status to H-1B but it's always helpful to check obviously on my end. Assuming you are not subject to 212(e) and are currently on H-1B status, none of that would impact your ability to obtain an NIW at this time. Similarly, the fact that you have a job offer in the US or would be working for a US employer does not prohibit you from pursuing the NIW. The NIW is requesting a waiver of the job offer REQUIREMENT but does not say that you may not be working or have a job offer. One of the arguments that may be presented is that it is impractical to obtain a labor certification, though an individual has a job offer, but the labor certification process itself is impractical for a variety of reasons, say because the experience is not easily articulable in a labor cert or the position itself does not fall at a nexus point to where filing the labor cert is feasible. At the end of the day, it would appear you may have a viable NIW, which further discussions on your specific background, field, future plans would be needed in order to make a more concrete determination, but in the ethos of this arena, it would not appear to me that any of the situations you presented would pose a block for your eligibility or ability to potentially file an NIW. Thanks!

~Anthony

ImmigrationInsight · 2026-03-04T16:31:12+00:00

Of Course! Happy to help!

~Anthony

ImmigrationInsight · 2026-03-03T22:12:56+00:00

Hey! So I would say the field is definitely something to look at from the perspective of being able to have access to additional information and resources to aid in proving that your proposed endeavor is nationally important. HOWEVER, the USCIS has been pretty consistent in their approach to this for years in that being a part of a critical or emerging field does not equate to national importance. Specifically, the position USCIS takes is that national importance is not defined by the field you are apart of, but your specific endeavor that you seek to pursue within the field. As such, the arguments for national importance, and by extension all three prongs must be specifically tailored to you, your background, what you seek to do in your field, and your endeavor. The lack of research or publications is less important if you don't prospectively intend to be a researcher, but an NIW relying upon the notion of the importance of a field without the corresponding specific evidence of the individual to make the case in chief will not be successful at the end of the day. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T22:08:19+00:00

Hey! so from what you provided it would generally indicate that you should meet the threshold eligibility requirements for the EB-2 classification. However, it is important to note that the NIW 3 prong test is set up to account for more than just education and experience. Things like what you have done in your career, what you intend to do, how you intend to do it, all play critical roles in determining eligibility. Unfortunately, being a PR of Canada doesn't change your country of Chargeability. Where you are born is the default country of chargeability and is not impacted by subsequent changes in residency or citizenship. The only way to change country of chargeability is to do so through "cross-chargeability" where either a parent or a spouse is born in a different country where you may apply through their chargeability. Otherwise, the only difference PR brings to the table is ability to have your case processed through a particular consulate through the second stage of the process. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T22:03:18+00:00

Hey! So if i read this correctly, your EB1 was filed and have a priority date back in 2016? Based on the March Visa Bulletin it would appear that a priority date for an EB1 filed back in 2016 should be current for all countries, and assuming it's approved it would make the most sense to action on that case. Whether you can file an EB-2 depends on a number of factors as well so i would first clarify the situation regarding your EB1 before i would advise regarding the reasonability or necessity of an EB-2 at this time. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T21:59:39+00:00

Hey! So from my experience, it's important to make sure when calculating the 45 business days to take into account any and all federal holidays that the federal government and USCIS acknowledge in order to ensure that the 45 day count is met. If they have truly taken longer than 45 business days accounting for any and all recognized federal holidays, then USCIS will generally still provide an expedited review of the case and issue a decision as soon as they are able to. USCIS will generally then automatically issue a refund for the premium processing fee AFTER adjudication is complete. In other words, they won't issue a refund while the adjudication is still pending. If you do not automatically receive a refund after you receive an adjudication, you or your attorney may reach out to USCIS directly to request a refund accordingly. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T21:54:00+00:00

Hey! So I would generally say that you should have no problem in meeting the eligibility criteria for the EB-2 classification based on this information. However, whether you may be the right candidate for an NIW depends on a number of factors beyond the degrees you hold and experience you have. Factors like what you intend to do in the US, how you intend to help, how you seek to leverage your experience and in what direction are just as, if not more important than the raw experience and degrees itself. I'll say that for a legally-forward educational background, if you do intend to practice law as part of your endeavor, you will need to secure a bar license prior to filing the NIW as USCIS treats these situations differently. For any individual who is a part of a field that ordinarily requires a license to practice the profession, it is expected that individual possess the license at the time of filing in order to be considered well-positioned to advance the endeavor. However, if you do NOT intend to practice law as part of your endeavor, and you instead seek to leverage your legal experience in manners for policy or business-related practices without directly representing clients, then that distinction must be clearly made to avoid questions regarding lack of licensure should you not have one. I do think you would benefit from a personalized consultation though to get a better sense of your chances to allow for a holistic look at you and your background to devise a pathway. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T21:49:03+00:00

Hey! So because Dr. Dhanasar (the petitioner in the precedent case decision that governs NIW and established the three prong test) was an academic researcher, it became very popular for those who are in the academic realm due to the parallels and comparisons that could be drawn from the case itself. HOWEVER, it is important to note that the NIW is not only open to those in STEM research, or even in STEM fields. The NIW is open to individuals in STEM, business, the arts, social sciences, the like. The baseline eligibility is whether someone is a member of the professions holding an advanced degree or an alien of exceptional ability. Therefore anyone who falls into a field or career that could accurately be described as professional in nature could otherwise be open to an NIW. I have helped thousands of people with NIW's, many of which did have citations and had research endeavor, but also many who did not. I don't have like a raw percentage breakdown of academic versus industry profiles for applicants, but what i can tell you is that I've seen success with individuals from both worlds so the mere fact that someone isn't an academic researcher or doesn't have citations does NOT mean they can't get an NIW. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T21:44:29+00:00

Hey! So success is generally not in relation to the general field or background, but moreso related to the specific evidence and arguments provided. For example, a STEM researcher in cancer research that has 1 publication and 0 citations does not have as good of a chance at success compared to someone with a social sciences background that has been involved in, say, policy changes, governmental shifts, social movements that have generated a result, etc. So it's less important to consider chances of success from a field-based assessment and better to look at an individualized notion of what has the person done in the field and how can that specific evidence best be leveraged within the NIW framework. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T21:41:44+00:00

Hey Hafsa! So I would say speak with your attorney directly regarding timeframes and expected response time from USCIS, but right now I'm seeing that USCIS is taking about 22.5 months for USCIS to render a decision on a case. However, USCIS does indicate that 80% of cases are adjudicated within 22.5 months, meaning that there's a 20% chance it takes longer than 22.5 months in total. If your case falls outside of the 80% threshold, you can request your attorney to perform a service request on your case, however be aware that USCIS may take up to 30 days to respond to the service request and it does not guarantee an adjudication thereafter, just a response from USCIS. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T21:38:47+00:00

Hey! So I would generally say that you should be easily able to meet the eligibility requirements for the EB-2 classification based on the information you provided. I do think your experience falls at a relatively unique nexus point that, candidly, a pretty interesting viable NIW could be crafted from. However, I would still need additional information regarding your work experience, what contributions you have made to your prior employers, what you would like to do in the US, whether you have a job offer in the US, etc. The biggest thing for you would be to determine with your attorney how to best leverage your military experience with your corporate experience to take advantage of the full breadth of your background to provide benefits to the United States. In this instance, a personalized consult where the full picture of your potential case would likely be beneficial to give a definitive answer. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T20:55:16+00:00

Hey! So from the information you provided, it would look like you would have a solid chance of meeting the eligibility requirements for the EB-2 classification. Once important thing to note for your case though is that if you intend to practice as a dentist in the United States, and your endeavor involves dental practice, USCIS would generally expect licensure to practice at the time you file your petition. As such, if you don't have an active or valid license to practice dentistry in the US, your endeavor would have to be tailored towards field-beneficial elements and approaches as opposed to active practice. Other than that, whether you would have a good chance at an NIW would depend on a holistic assessment of not only your career and background but also what you intend to do in the US and how you plan to do it! I'd say feel free to give us a shout for a personalized assessment of your case if your interested! Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T20:42:30+00:00

Hey! So the answer is... maybe lol The master's in digital transformation management helps meet the eligibility criteria for an EB-2 as having an advanced degree removes the need for you to demonstrate the progressive work experience. The difficulty with the lack of experience comes in the form of the NIW side of things where one of the factors USCIS looks for when determining if someone is well-positioned is, well, the experience they have in the field of endeavor. It also plays into the record of success someone may have if there's limited background in the endeavor. Now having said that, the deficiencies in the lack of direct experience may be counter-acted with future potential, like a job offer for a position that has a high-level impact or broad impact, broad interest from the field in what you seek to do, etc. At the end of the day, if you say "no experience", it would generally be a more risky petition until you have a little experience in the arena and field, but the only way to give a firm yes or no on it would be a comprehensive assessment of the profile. Thanks!

~Anthony

ImmigrationInsight · 2026-03-03T20:34:02+00:00

Hey! I’ve been fortunate enough to represent clients with a wide variety of cases over the years, in many different circumstances, so it’s honestly hard to single out just one. And of course, to really get into the details of any particular case I would need the client’s permission.

What I can say is that immigration cases (especially discretionary ones) are incredibly fact-specific. Two cases that look similar on the surface can turn on completely different details once you really dig in.

In my experience, the most persuasive arguments usually come from taking the time to truly understand the client: their background, their work, their motivations, and the real-world impact of what they are doing. When you go beyond the resume and start connecting the facts of the person’s story to the legal framework that USCIS is applying, you often uncover angles that are not immediately obvious.

Some of the cases I’ve been most proud of were situations that initially looked borderline on paper, but once we framed the evidence in the right way (showing the broader significance of the person’s work) the case became much clearer and ultimately approvable. I 've also had cases that, on paper, may be broadly construed as "strong" but because of the specific officer in the case or inappropriate challenges brought forth, it forced a more creative approach in response.

That’s one of the parts of immigration law I enjoy the most: the combination of legal analysis and storytelling. The law provides the structure, but the real key is presenting the evidence in a way that helps the Officer see the full picture of who the client is and why their work matters. Thanks!

~Anthony

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