Success Story: EB-2 NIW approval for a postdoc researcher in wireless communication

Recently, we at Chen Immigration Law Associates received another EB2 NIW (National Interest Waiver) Approval for a Postdoc researcher specializing in wireless communication. Approval Notice)

General Field: wireless communication
Position at the Time of Case Filing: Postdoctoral Research Associate
National Origin: Bangladesh
Service Center: Texas Service Center (TSC)
State Residing at the Time of Filing: Texas

Case Summary:

This case was originally filed by another law firm and the client approached us after an RFE (Request for more Evidence) was issued. We evaluated the case and determined that we were able to have the case approved responding to the RFE.

This client possessed a unique background that made his abilities within the field of wireless communication and networking invaluable. While many scientists focus their studies on one area of science, our client had pursued a level of expert understanding in both wireless communication and networking and intelligent transportation systems (ITS). This multi-disciplinary expertise is important in advancing the understanding and infrastructure surrounding wireless communication in the transportation industries and was something we emphasized as a major arguing point in this RFE response.

When a client approaches us to evaluate their NIW request, we first analyze the case to see which parts of the petition are weakest and which prong(s) of NYSDOT might be or has/have been challenged. Thereafter, we assess these parts and then ameliorate the petition by adding supplemental evidence. In this case we were tasked with improving the quality of evidence specifically in that the national interest would be adversely affected if a labor certification were required. We did this by drafting recommendation letters from internationally respected professionals that work both in and outside this client’s field of research. Within these letters we focused on building the case that even though our client’s citation number was relatively low there was significant evidence that our client’s research had a significant influence on many leading researcher’s own work. Specifically, many researchers had this to say about our client: “Dr. X has a proven record of success in working with the highly complex algorithms involved in the creation and advancement of new types of wireless networks and their applications. His work is being widely implemented across the field and holds potential for improving urban transport and shipping across the United States, making the continuation of his studies a hugely valuable economic and technological opportunity of the country.”

In addition to obtaining quality recommendation letters we also ameliorated this petition’s section regarding the request of more evidence of the original scientific contributions of major significance in the field of this client. We improved this section by highlighting this client’s extensive peer-review work for scholarly journals in the field. Such review work demonstrates that the petitioner has been selected from their peers as a top level expert, capable of commenting on the accuracy and importance of others’ work.

Using this proven strategy, while correctly articulating the importance surrounding this client’s valued work, we at Chen Immigration Law Associates were able to secure approval for this petition on March 15, 2013.

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

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With more than 47,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

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With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

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For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approved cases grew from 600 in 2013 to over 47,000 in 2023.