Turning Officer XM2031’s Denial into Approval Through a Successful NIW Appeal

At North America Immigration Law Group, we take pride in standing by our clients through every stage of the NIW process, including the most challenging one: overcoming an unjust denial. In this case, our client, a genetics researcher, faced an unexpected challenge when USCIS, through Officer XM2031, issued both a Request for Evidence and later a denial. Despite these hurdles, our team pursued a strategic appeal, ultimately turning the denial into a full approval and preserving the client’s original priority date.

Filing the NIW Petition

We filed the client’s NIW petition under INA §203(b)(2) on January 2, 2024, presenting a clear and nationally focused proposed endeavor: using molecular and biological control approaches to understand plant stress responses and develop sustainable pathogen-control strategies vital to U.S. agriculture and food security.

To demonstrate eligibility, our team assembled detailed evidence reflecting the client’s achievements in the field of genetics. The client had authored 5 peer-reviewed journal articles, including 2 first-authored studies, and their work had accumulated 513 citations from independent researchers, clear indicators of scientific influence. We also highlighted that the client’s research received financial support from the National Key Research and Development Program of China (NKRDP), showing that it had earned recognition from a major funding body. Combined with the client’s peer review contribution, this evidence demonstrated that the client fulfills all three NIW prongs: the endeavor’s substantial merit and national importance, the client’s strong capacity to advance it, and the national benefit of waiving the labor certification requirement.

RFE and Initial Denial

On June 12, 2024, Officer XM2031 issued an RFE challenging the client’s eligibility under all three Dhanasar prongs. The officer reduced the proposed endeavor to merely “working as a researcher in plant genetics,” emphasized economic impact over scientific merit, dismissed citations for lacking distinctions between “notable” and general citations, and rejected journal rankings, peer review work, and other evidence as insufficient to show that the client was well-positioned. The RFE further claimed that the petition did not demonstrate why the client’s expertise could not be addressed through the labor certification process.

We responded with a detailed clarification of the endeavor, updated citation data, additional evidence of the client’s professional influence, and references to USCIS Policy Manual guidance supporting the national importance of STEM research.

Nevertheless, on September 27, 2024, Officer XM2031 issued a denial. The decision again relied on an overly narrow reading of national importance and applied a heightened standard to evaluate influence in the field. Key evidence, including peer review service and comprehensive citation analysis, was overlooked or discounted.

Appeal and Reversal of the Decision

Refusing to accept an erroneous denial, we filed an I-290B appeal on October 23, 2024, arguing that Officer XM2031’s decision misapplied Matter of Dhanasar, ignored significant evidence, and imposed incorrect legal standards.

On May 8, 2025, the Administrative Appeals Office sustained our appeal, withdrawing the Service Center’s findings for all three prongs. The AAO concluded that:

• The proposed endeavor has clear national importance in strengthening U.S. agricultural resilience and advancing critical and emerging technologies.
• The client is well-positioned, supported by advanced degrees, a strong record of publications, and frequent citations well above field norms.
• The combination of STEM expertise and nationally important research constitutes a strong positive factor warranting a waiver of labor certification.

Final Outcome

Following the sustained appeal, USCIS issued the final NIW approval on November 12, 2025, fully reinstating the client’s original January 2, 2024, priority date. This brought long-awaited justice to a deserving scientist and reaffirmed the effectiveness of our firm’s appellate strategy.

Conclusion

This case reflects the perseverance of our client and the dedicated advocacy of North America Immigration Law Group. Even when faced with a denial from Officer XM2031 that overlooked critical evidence, we pursued every available path to secure a fair outcome. The successful reversal of this decision underscores our commitment to fighting for our clients and ensuring their contributions to the United States are properly recognized.

Our Firm’s Approach After a Denial:

With the USCIS NIW approval rate dropping to 62.78% in the first quarter of FY2025  (see here), denials are becoming more common—even for otherwise strong cases. That’s why it’s essential to understand how your attorney can support you strategically and proactively after a denial. At our firm, we don’t view a denial as the end of the case. We carefully analyze the officer’s reasoning and advise most clients to pursue both a refile and an appeal when appropriate.

Although appeal approvals are rare—of the nearly 1,400 AAO NIW appeals filed in FY2024, only 15 were sustained and 90 remanded (see here)—an appeal offers a key benefit: it preserves your original priority date. This can be critical if your appeal is sustained, as it may allow you to file your I-485 adjustment of status sooner, without waiting for a new priority date to become current.

Because we believe in the strength of our cases, for clients under our Approval or Refund® service, we pay the USCIS filing fee for either the appeal or the refile. We are committed to standing by your case and giving it every possible opportunity to succeed.