An F-1 visa holder who self filed for permanent residency under the EB-2 NIW category is facing a complex situation. Although the green card path appeared clear, a legal concern has created uncertainty and may affect his chances.
The applicant already has an approved I-140 with a January 2026 priority date. With the April 2026 visa bulletin showing EB-2 as current, he quickly filed his I-485 application to adjust status and secure work authorisation.
However, his OPT employer’s legal team identified a potential issue in the case. The applicant had re entered the US on an F-1 visa on March 1. This raised concerns about timing and possible immigration intent.
The company’s lawyers refused to proceed with the filing in April. They cited the 90 day rule, which warns against taking immigrant intent actions too soon after entering on a single intent visa like F-1.
They advised the applicant to wait until June 1 to cross the 90 day period. This delay has created anxiety, as there is a risk that the visa bulletin may retrogress and close the current filing window.
If retrogression occurs, the applicant may not be able to file the green card application despite having an approved I-140. This has raised questions about whether immigrant intent was already implied during entry into the US.
The case highlights ongoing challenges in the US immigration system. Even when eligibility and documents are ready, timing and legal caution can create obstacles. Employers are increasingly avoiding risks due to strict scrutiny and compliance concerns.
