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My Green Card Journey (EB2-NIW) — Part 1

My story as an international student navigating U.S. immigration

Ian Lee · 2026-04-03 20:03 · 0 claps · 4.9 min read
#eb2 #green-card #international-student
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My Green Card Journey (EB2-NIW) — Part 1

My story as an international student navigating U.S. immigration

Disclaimer: I’m a computational biologist, not an immigration lawyer. Everything in this post is based on my own personal experience. Please consult an immigration lawyer for advice specific to your situation.

Cascadilla Gorge Trail, Ithaca, NY

Cascadilla Gorge Trail, Ithaca, NY

Why I’m Writing This

If you’re an international student in the U.S. who wants to build your career here, you’ve probably felt that quiet anxiety all the time. You cannot risk not performing well academically. You cannot risk losing your job. You can’t go home because your visa stamp expired but your degree isn’t done yet. You get laid off and suddenly you have 2 months to find a new job, or you have to leave the country. I’ve been there.

I came to the U.S. to study, do research, and build a career. What nobody prepares you for is the immigration puzzle that comes after. This post is Part 1 of my journey, covering everything up to I-140 approval. Part 2 will come once I’ve gone through the rest of the process and actually have my card in hand.

My Background

I’m originally from Taiwan. I came to the States about 8 years ago. I did my undergrad in Taiwan, then my Master’s at Carnegie Mellon, and my PhD at Cornell. I’m currently a postdoc at Cornell.

By the time I started thinking seriously about a green card, I knew I wanted to stay in the U.S. long-term. That’s when I started looking into my options.

Why I Chose NIW (National Interest Waiver)

At a high level, getting a green card involves two main steps: the petition and the change of status. The petition is where you make your case to USCIS, this is the I-140 (Immigrant Petition for Alien Workers). Once that’s approved, you apply for the actual green card through I-485 (Adjustment of Status). I’ll cover I-485 in Part 2. For now, let’s talk about the petition.

There are a few green card paths for researchers, but I went with EB-2 NIW (National Interest Waiver). The reason I liked NIW is that you don’t need employer sponsorship. With an advanced degree, you’re making the case that your work benefits the U.S. as a whole, so the government waives the usual labor certification requirement.

For someone in research, this is usually the most realistic path that keeps you in control of your own career. You’re not tied to one employer. You’re not waiting on your company to sponsor you.

One important thing for NIW: your research needs to align with areas the U.S. government has identified as national priorities. There are official government documents that outline these focus areas , for things like AI, biotech, national security, and public health. My research sits at the intersection of AI, protein engineering, and drug discovery, which checked a lot of those boxes. That’s a big part of why my case was strong.

Working With a Lawyer and Why I’d Recommend It

I worked with North America Immigration Law Group, and I’m glad I did. Honestly, they were great.

Here’s what I liked most: they offer a free first evaluation, and they will only take your case if they think you can actually win. They’re selective because their track record matters to them. You can go to their website and see the numbers for yourself. They are efficient, transparent about the process, responsive, and flexible.

Applying for a green card is a once-in-a-lifetime thing. You only do it one time, and hopefully you get approved in a timely manner. That’s another big reason I chose to work with a law firm. I know people who filed by themselves and they were fine. I admire their bravery, I wasn’t that brave.

Full disclosure: as a past client, they offer a $300 discount on I-485 retention for sharing my experience online. But this does not affect my genuine experience.

When to File and Why I Waited Until H-1B

I did my free evaluation in my 1st year of PhD (2021). They told me I had a strong enough case to apply. But I personally chose to wait until I was on an H-1B before filing.

Here’s why: H-1B allows dual intent, meaning you can have an immigrant visa petition pending while on a work visa. F-1 doesn’t. Filing for an I-140 while on F-1 signals intent to immigrate, which puts you in a gray area. The risk points come at every status transition: F-1 to OPT, OPT extension, and then switching to H-1B. And also when you re-enter the country or renew your F-1 visa. Each of those is a moment where USCIS can review your case and potentially flag the filing.

A lot of people do file during their PhD or OPT and many are fine. Filing earlier gets you into the queue sooner, which matters for priority dates. I’m not saying it’s wrong. I just personally didn’t want to take that risk. If you’re considering filing before H-1B, please talk to your immigration lawyer about your specific situation.

What the Process Actually Looked Like For Me

  • Late 2021 — Free evaluation with the law firm. They said I had a strong case.
  • Mid 2025 — Started building my case.
  • Jan 2026 — Filed my I-140.
  • Feb 2026 — Submitted premium processing.
  • Mar 2026 — I-140 approved.

Advice for International Students

Check the priority date early. This depends on your country of birth, not citizenship. If you’re from China or India, the wait times can be significantly longer. It doesn’t mean you can’t do it — it just means planning ahead matters a lot.

Get the free evaluation sooner than you think. It costs you nothing and tells you where you stand. I did it in my 1st year of PhD, and just knowing I had a viable path gave me peace of mind, even though I ended up waiting years to actually file.

Start building your research profile early. Know your lab, understand the research direction, and make sure you’re contributing enough to get your name on papers. Talk to your advisor, most of them are very willing to help if you’re serious about publishing. But remember: do more, say less. Let your work speak for itself.

Prepare the money. Working with a law firm and covering filing fees is not cheap. This isn’t something to figure out last minute. Start budgeting for it early so it doesn’t catch you off guard when the time comes.

Be careful, and create your own path. There’s a lot of advice out there and everyone’s situation is different. What worked for me may not work for you. Read, ask questions, talk to your lawyer, and make the decisions that feel right for your own career and life.

What Comes Next

Once the I-140 is approved, the next step is the I-485. From what I understand, that can take anywhere from 10 months to 2 years, depending on your situation and country of birth. I’ll write about that experience in Part 2 once I’ve lived it.

Final Thoughts

This process is slow, expensive, and honestly a little emotionally exhausting. But it’s doable, especially if you start with good information and a good plan.

I’m just one person sharing one experience. Please always consult with an immigration lawyer for your own case, every situation is different.


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