In-depth analysis from U.S. attorneys and immigration specialists.
From South Korea to U.S. Permanent Residence: A Real NIW Case Review
A Bachelor’s Degree,
an RFE on All Three NIW Requirements,
Consular Processing Delays,
and a Successful Adjustment of Status
For many professionals considering an EB-2 National Interest Waiver (NIW), the immigration process seems straightforward: file the NIW petition, obtain approval, attend an immigrant visa interview, and receive a green card.
In reality, every case is different.
This case took a very different path. Over the course of more than two and a half years, the petitioner qualified for the advanced degree EB-2 category with a bachelor’s degree, overcame a Request for Evidence addressing all three NIW eligibility requirements, navigated changing Visa Bulletin conditions, adapted to evolving National Visa Center processing practices, transitioned from consular processing to Adjustment of Status after relocating to the United States, and ultimately obtained approval for permanent residence.
Today, the petitioner and their family members are waiting for their green cards to arrive in the mail.
Case Overview
Priority Date: December 14, 2023
Immigration Category: EB-2 National Interest Waiver (NIW)
Occupation: Software Engineer
Original Processing Method: Consular Processing (South Korea)
Final Processing Method: Adjustment of Status (United States)
Current Status: I-485 Approved; Green Card in the Mail
■ Qualifying for the EB-2 Category
One of the first questions in this case concerned the petitioner’s eligibility for the underlying EB-2 classification.
Unlike many NIW applicants, the petitioner did not hold a master’s degree or doctorate. Instead, the petitioner held a bachelor’s degree in Computer Engineering and had built a successful career as a software engineer with progressively increasing technical responsibilities.
Under U.S. immigration law, an individual may qualify as an advanced degree professional by holding a bachelor’s degree combined with at least five years of progressive post-baccalaureate experience equivalent to an advanced degree.
In this case, the petition carefully documented not only the petitioner’s years of experience but also the increasing complexity of the work performed, expanding technical responsibilities, leadership roles in engineering projects, and professional growth throughout the petitioner’s career. The petition demonstrated how the petitioner’s experience reflected the level of expertise expected of a professional with an advanced degree.
USCIS ultimately agreed that the petitioner met the underlying EB-2 classification requirements.
■ Filing the NIW Petition
The NIW petition was filed on December 14, 2023, while the petitioner and his family were residing in South Korea.
At that time, the plan was to complete the immigration process through the U.S. Embassy in Seoul using consular processing.
Although there were already immigrant visa backlogs, filing the NIW petition established the family’s priority date and allowed the permanent residence process to begin.
■ Request for Evidence on All Three NIW Requirements
On April 30, 2024, USCIS issued a Request for Evidence (RFE).
Rather than seeking clarification on a single issue, the officer requested additional evidence addressing all three requirements established under Matter of Dhanasar:
- Whether the proposed endeavor possessed substantial merit and national importance;
- Whether the petitioner was well-positioned to advance the proposed endeavor; and
- Whether, on balance, waiving the job offer and labor certification requirements would benefit the United States.
Receiving an RFE covering all three NIW requirements can be daunting because it requires USCIS to be satisfied with every element before approval can be granted.
The response further supplemented the existing record with additional supporting evidence, updated industry information, expanded legal analysis, and a comprehensive explanation of the petitioner’s proposed endeavor as a software engineer. Additional documentation was also provided to further demonstrate the petitioner’s qualifications, professional achievements, and the national importance of the work.
After reviewing the response, USCIS approved the NIW petition on August 7, 2024.
■ Moving Forward Through Consular Processing
With the NIW petition approved, the case proceeded to the National Visa Center (NVC).
At the time this case was processed by the NVC, operational procedures differed from those many NIW applicants experience today.
Although the petitioner’s priority date was not yet current according to the Visa Bulletin, the NVC accepted the submission of the DS-260 immigrant visa application and supporting civil documents. This allowed the case to complete the document collection process and achieve “Documentarily Qualified (DQ)” status while continuing to wait for immigrant visa availability.
In this case, the petitioner became documentarily qualified just 21 days after submitting the DS-260.
In more recent years, however, NVC’s operational approach appears to have become more restrictive for many employment-based applicants. Rather than allowing document collection before visa availability, applicants often must wait until their priority date becomes current before they are invited to submit the DS-260 and supporting documentation. As a result, many applicants today face an additional waiting period before the review of their documents can even begin.
Despite becoming documentarily qualified, another obstacle remained.
The U.S. Embassy in Seoul was experiencing significant delays in immigrant visa interviews, with wait times extending beyond two years due to limited appointment capacity.
Although the case had completed NVC processing, there was simply no immediate path to an immigrant visa interview.
■ A New Opportunity in the United States
While continuing to wait for progress in consular processing, the petitioner’s career took an unexpected turn.
In early 2025, the petitioner accepted an opportunity to work in the United States on an L visa.
At the same time, the employment-based Visa Bulletin experienced further retrogression, pushing immigrant visa availability even farther into the future for consular processing applicants.
When the NIW petition was originally filed, the expectation was that the family would complete the immigration process through the U.S. Embassy in Seoul.
Now, however, another option became available.
Because the petitioner was lawfully present and working in the United States, adjustment of status became a realistic alternative if the visa bulletin opened up.
■ A Strategic Decision
Eventually, the Visa Bulletin once again became current for Adjustment of Status.
Although the family could have continued waiting for an immigrant visa interview in Seoul, they carefully considered whether Adjustment of Status would provide a faster path to permanent residence.
Each option had its pros and cons.
Continuing with consular processing would avoid filing a second set of immigration applications, but the wait time for the embassy interview remained significant.
Adjustment of Status required additional filing fees and substantial documentation, but USCIS had begun adjudicating employment-based Adjustment of Status applications relatively quickly after visa availability for the EB-2 category resumed in March 2026.
After carefully weighing both options, the petitioner decided to pursue a “two-track” strategy.
The consular processing case remained active while the Adjustment of Status application was simultaneously prepared and filed in the United States. Over the following month, documents and supporting evidence were coordinated between South Korea and the United States to prepare the applications. Since there would be a sudden increase in Adjustment of Status applications, it was important to make the application as clear and convincing as possible.
■ Approval of Adjustment of Status
USCIS received the Adjustment of Status application package on April 10, 2026.
The case required careful preparation because it involved prior U.S. visa history as well as a minor criminal matter that required explanation and supporting documentation.
By thoroughly documenting the relevant facts and addressing the applicable immigration requirements, the application provided a complete record for USCIS’s review.
On July 17, 2026, USCIS approved the Adjustment of Status applications.
Today, the petitioner and their family members are waiting for their physical green cards to arrive in the mail.
Once the green cards are issued, the petitioner’s ability to live and work in the United States will no longer depend on maintaining L visa status or continued employment with their sponsoring employer. They now have the flexibility to change employers, pursue new opportunities, or remain in the United States without relying on a temporary work visa.
■ Lessons From This Case
This case illustrates several important aspects of the NIW process.
First, not every successful NIW applicant holds a master’s degree or doctorate. Depending on the specific facts of the case, a professional with a bachelor’s degree and progressive post-baccalaureate experience may qualify for the underlying EB-2 classification.
Second, receiving a Request for Evidence (RFE)—even one addressing all three NIW requirements—does not determine the outcome of a petition. A well-supported response that thoroughly addresses the immigration officer’s questions can still lead to approval.
Third, approval of an NIW petition does not automatically lead to permanent residence. Movements in the Visa Bulletin, processing times at the National Visa Center, availability of embassy interviews, and changes in an applicant’s personal circumstances can all affect the path to a green card.
Finally, immigration strategy is not always static. As circumstances changed throughout this case, the family reassessed their available options and selected the approach that best aligned with their goals and timeline.
The journey that began with an NIW petition filed from South Korea in December 2023 ultimately concluded with approval of Adjustment of Status in July 2026. Along the way, the case demonstrated that successful immigration often involves more than simply obtaining an approved petition—it requires careful planning, flexibility, and the ability to adapt as opportunities and circumstances evolve.
U.S. attorneys and immigration specialists review your case in detail and recommend the best path forward.
