Will USCIS Consider My NIW Application Materials Submitted Recently?

Home | William's Answers for Immigration and Visa Questions |

Hi William,

I submitted my materials nine months ago for I-140 petition under EB2 NIW category. 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. The NIW supporting documentation can include:

Letters of recommendation from experts in the alien’s field, which must speak to the Dhanasar three-prong test
Evidence of past accomplishments that are described in detail and that show projections of future benefits in terms of U.S. national interests. Additionally, this evidence must show that alien has played a crucial role over the course of his or her work experience
Evidence of membership in professional associations
For research, evidence of project funding or grants
Curriculum vitae, which should include awards, honors, etc.
Publications, publication requests, conference presentations, etc.
Multiple non-self-citations in journals to show that the alien has impacted the field
Invitations and acknowledgment letters for peer review work completed at conferences or for journals

Questions & Answers for Green Card Application

EB1 Extraordinary Ability (EB-1A)

EB1 Outstanding Professor / Researcher (EB-1B)

EB1 Multinational Executive or Manager (EB-1C)

EB2 National Interest Waiver (NIW)

Form I-485 Adjustment of Status

PERM Labor Certification

Form I-140 Application after Labor Certification

Request For Evidence (RFE) for EB1, NIW, L1 Visa

Questions & Answers for Working Visa Application

J-1 Waiver of 2-Year Home Residence

H-1B Visa Application or Extension

O-1 Visa Application or Extension

L-1 Visa Application or Extension

P-1, P-2, P-3 Visa Application or Extension

William's Answers for Immigration Questions

Home Page

For All Your Immigration and Green Card Application Needs