Success Story: EB-2 NIW (National Interest Waiver) Approval for Postdoc Biologist after a Denial (filed by another law firm)

Posted by wegreened on December 16, 2012 in NIW, Biology (Pathology and Immunology, Human Genetics, Genomics, Molecular Biology, Animal, Plant, Microbiology, Genetics, Botany)

Client’s Testimonial:

My family really appreciate with your hard work and the wonderful job. Yes, we are very happy and surprised that I-140 got approved already. Still I can't believe that!!! I wish I could know you earlier. You are the best! Thank you very much for your help and your excellent service. I will suggest your firm to my friends. My best wishes for you and your firm.

On July 27th, 2012 we received another EB-2 NIW National Interest Waiver approval for a research associate who had just received a denial after filing with a different law firm. The two filings are only 2 weeks apart but we had the second one approved. (Approval Notice)

Case Summary:

Although case denials and RFE (Request for Evidence) are not optimal, a large percentage of our business at Chen Immigration Law Associates is spent assisting clients who have unsuccessfully filed petitions with other law firms, attorneys (or by themselves). In this particular case, a client had filed with another law firm and their case was denied a short time before the expiration of their visa. Understanding the client’s situation; as their whole family would be forced to move back to South Korea if their case was not approved very quickly, we began gathering evidence to file the case again.

Traditionally, we do not recommend re-filing shortly after a denial; however, we were confident with the correct presentation of evidence and the merit of the client’s work, we would be able to assist during this crucial time. Creating a strategy tailored for this client, we investigated several similar cases for reference, drafted and collected eight references from independent experts in applicable fields, and gathered all relevant evidence associated with creating the best possible case for the client’s re-filing.

Thankfully, just a matter of weeks following the re-filing of this case we received its approval. Needless to say, the client was extremely thankful. As noted by their testimonial, they were both surprised and extremely appreciative of our immediate action, and our ability to acquire an approval for their case after another law firm had failed to do so. Not only did our swift action and proven methods allow for this client to continue their research in the field of biology, it prevented the extreme inconvenience of having to move their family back to South Korea before reapplying.

Using our proven strategy, while correctly articulating the importance surrounding this client’s valued work, our team at Chen Immigration Law Associates was able to secure approval for this petition on July 27th, 2012.

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!

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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).

Our Sixty-four Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With nearly 64,000 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.

We Have Helped Tens of Thousands of Clients with Credentials and Backgrounds Similar to Yours

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.

Vast Majority of Clients Came to Us Because of Referrals

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 cumulative total of approved cases grew from 600 in 2013 to nearly 64,000 in 2025.

Track Record of Success EB-1 and NIW Approvals

(2012.01 - 2025.12)

Category	Approval or Refund^®		Approval or Refiling^TM
	Approval or Refund^®
Category	Approved Sum	Success Rate	Approved Sum	Success Rate
NIW	42,047	99%	5,258	97%
EB1A	9,218	91%	4,534	86%
EB1B	1,488	98%	448	93%
Total	52,753	98%	10,240	92%