National Interest Waiver FAQs

My NIW I-140 was approved based on a job, but later, my NIW I-485 was denied because I was not working in a similar role.

My question is:

1. Does the denial of the NIW I-485 rescind the priority date that I got with the NIW I140 filing/approval?

2. In the future, if I am working in a similar role, can I re-file this NIW I-485?

3. Can I use this NIW I140 priority date in my other adjustment of status cases such as PERM-based, etc.?

 

I would appreciate some insights on my H-1B and green card process. Here’s my situation:

I currently have an H-1B visa valid until July 2027.

My company has filed for PERM with a priority date of October 2024.

If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).

I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).

My questions:

Impact on H-1B if I move to India

What would happen to my H-1B if I joined a different employer in India?

What happens if I stay with the same U.S. employer but work from India?

Returning to the U.S. after H-1B expiration

If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?

I-140 and Priority Date Retention

Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?

If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?

 

1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?

2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?

3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?

4. Can petitioner file multiple NIWs simultaneously with different endeavors?

 

Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?

My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?

1. How much and for how long do we have to work on an endeavor for which NIW I-140 was approved to avoid any issues in adjustment of status, naturalization, etc.?

2. Is there a way to get any status in the US to work on the approved NIW endeavor until I-485 is filed?

I'm from Bangladesh and am pursuing a non-thesis Master’s degree in Civil Engineering at Texas A&M University. My area of specialization is Geotechnical Engineering. I’ll graduate with my degree in May 2025 after completing a co-op with one of the top Engineering and construction companies in the United States. The company also offered me a full-time position after my graduation so that I could continue my work with them. Many PhD candidates from my country with a master's degree are applying for EB2-NIW using their citations and research experience.

1. Since I lack a prominent research background (basically, I have no experience at all in terms of publication/citation), do I have a chance of getting approval for EB2-NIW?

2. Is citation/research compulsory for EB2-NIW to get approved?

3. If I want to apply in the future, how should I prepare my profile to increase my chances? I’m more interested in working in the industry than in research and academia.

4. I want to mention that, from my experience, there is a huge demand for geotechnical engineers in the civil engineering industry, but not many people, especially Americans, are pursuing this major. Can I use this fact to show national interest?

Two general questions,

1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?

2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?

I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.

I want to restart the NIW application. Questions:

1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?

2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?