Qualifying the Immigration Requirement at the Time of I-140 Petition

Dr. William:

I submitted my materials nine months ago for I-140 petition under NIW. Because of the slow processing, I gained more evidence to strengthen my application as time goes by, including recent publications, plus several more recommendation letter. 

I submitted them two months later to the USCIS service center, plus a photocopy of I-140 Action of Notice sheet. But I didn't receive any letter from the service center for the supplemental materials. Do you know if they are going to process my NIW based on the first time of my submission or consider all my materials including I submitted recently?


Answer:

Normally, USCIS service center will not response your supplemental documents after receiving them, and USCIS will process your NIW based on the first time of your submission. 

Because for EB1 and NIW petitions, it is required that you need to qualify the immigration requirement at the time of I-140 petition, not after it by submitting the supplemental materials.

 

 

 

     

 

 

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