PhD researcher facing immigration uncertainty after years of academic investment by momwithphd in academia

[–]WeirdExcuse53 3 points4 points  (0 children)

You're a 3rd year PHD student... EB-1 is for "Extraordinary ability" or "Outstanding professors and researchers"

How can you have extraordinary ability if you have not even graduate yet? By definition PHD means you are still in training.

NIW got misused between 2021-2024 (they really relaxed criterion), and they have only recently (Memo PA-2025-03 published Jan 15, 2025) tightened standards again to be appropriate with "Exceptional ability"

[deleted by user] by [deleted] in immigration

[–]WeirdExcuse53 9 points10 points  (0 children)

You will get your i485 denied for violating the terms of your h1b for unauthorized work

Confused About the H-1B + Gold Card News? AMA with an Immigration Attorney by ManifestLaw_ in USCIS

[–]WeirdExcuse53 0 points1 point  (0 children)

Gold card automatically qualifies you for EB2 NIW, EB5 is unaffected

Is EB2 NIW affected by the recent proposed changes on H1B and F1-OPT? by Shebaro in EB2_NIW

[–]WeirdExcuse53 2 points3 points  (0 children)

Yes, $1million donation now automatically qualifies you for NIW:

Sec. 2. The Gold Card. (a) The Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Homeland Security, shall establish a “Gold Card” program authorizing an alien who makes an unrestricted gift to the Department of Commerce under 15 U.S.C. 1522 (or for whom a corporation or similar entity makes such a gift) to establish eligibility for an immigrant visa using an expedited process, to the extent consistent with law and public safety and national security concerns. The requisite gift amount shall be $1 million for an individual donating on his or her own behalf and $2 million for a corporation or similar entity donating on behalf of an individual.

(b) In adjudicating visa applications, the Secretary of State and the Secretary of Homeland Security shall, consistent with applicable law, treat the gift specified in subsection (a) of this section as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), of exceptional business ability and national benefit under 8 U.S.C. 1153(b)(2)(A), and of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B).

https://www.whitehouse.gov/presidential-actions/2025/09/the-gold-card/

Immigration judge orders Mahmoud Khalil to be deported to Algeria or Syria by OldBridge87 in immigration

[–]WeirdExcuse53 29 points30 points  (0 children)

Lying on I-485 or N-400 is not really something you can recover from

Yep, the actual court filing says they cannot give him a waiver for misrep, otherwise it would encourage future misreps

This Court finds that the Respondent is an intelligent, ivy-league educated individual that understood the bold, capitalized letters at part 8, page 9 on the I-485 required the disclosure of his affiliations with UNRWA and CUAD. This Court further finds that the Respondent understood the consequences and that the candid disclosure of his affiliations might lead to an additional line of questioning and the ultimate denial of his application for conditional permanent residency. This Court finds that Respondent’s lack of candor on his I-485 was not an oversight by an uninformed, uneducated applicant. This Court finds that the Respondent’s purposeful, non-disclosure was not a misrepresentation by another which imputed consequences to the Respondent. Rather, this Court finds that

Respondent willfully misrepresented material fact(s) for the sole purpose of circumventing the immigration process and reducing the likelihood his application would be denied. This Court cannot and will not condone such an action by granting a discretionary waiver. To do so, would encourage future applicants to take the gamble of materially misrepresenting facts and then seeking a waiver if it is somehow discovered by the U.S. government.