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Will USCIS Consider My NIW Application Materials Submitted Recently?

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?


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

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