Success Stories: A Research Scientist in the Field of Organic Chemistry Secured NIW Approval After Our Strong Appeal to The Administrative Appeals Office (AAO)
Client’s Testimonial:
“At the end of this long journey, I can only say that your efforts to uphold the customer's rights are commendable. I am very grateful for this effort and happy that I chose you to accompany me on this path.”
On August 19th, 2024, we received another EB-2 NIW (National Interest Waiver) approval for a Research Scientist in the Field of Organic Chemistry (Approval Notice).
General Field: Organic Chemistry
Position at the Time of Case Filing: Research Scientist
Country of Origin: Iran
Country of Residence at the Time of Filing: Iran
Approval Notice Date: August 19th, 2024
Processing Time: 21 months, 13 days
Case Summary:
At North America Immigration Law Group, we recognize that obtaining a green card through the National Interest Waiver (NIW) can be a challenging journey, even for individuals with impressive qualifications. When faced with a denial, it’s crucial to have skilled legal representation to address USCIS’s concerns and present a compelling case for approval. A recent example of this involves an expert in organic chemistry, whose case demonstrates how our strategic approach helped her successfully overcome an I-140 denial and secure approval.
- NIW Petition
In her I-140 petition, we argued that our client’s contributions met the criteria for the NIW, emphasizing the national importance of her work and her ability to lead her research efforts independently. We also argued that our client’s contributions met the criteria for the NIW, emphasizing the national importance of her work and her ability to lead her research efforts independently.
- Request for Evidence (RFE) and Denial
In response, we submitted a comprehensive RFE package that included an updated citation record, a detailed personal statement outlining her future research plans, additional independent citations of her work, 3 new recommendation letters from respected experts in her field, and evidence of the implementation of her work through contracts, licenses, and technology transfer agreements. We also provided proof of her recognition in the scientific community, including awards, invitations to present at conferences, and media coverage.
Despite these efforts, USCIS denied the I-140 petition. The denial cited concerns over the client's lack of a formal job offer and questioned whether she could effectively advance her research in the U.S. The officer also criticized the limited number of letters from U.S.-based experts, despite the fact that we had provided detailed letters of support from internationally recognized authorities in the field.
We found the denial to be unreasonable and misinterpreted the intent of the National Interest Waiver. The officer’s insistence on a formal job offer contradicted the core purpose of the NIW, which allows for the waiver of the job offer requirement for individuals whose work is deemed to be in the national interest. Additionally, the officer imposed an overly strict standard, requiring our client to demonstrate a level of influence in the field that exceeded the criteria outlined in the Dhanasar framework.
It is worth mentioning that, when we prepared the appeal for the original filing, we submitted the same original package as a separate NIW refile petition concurrently; the refile case got approved later on in a few months after it was filed.
- Appeal & Approval
Our appeal highlighted the client's substantial body of work, her future plans to advance U.S. interests in key scientific fields, and her broad recognition from the scientific community. We pointed out that the officer had failed to appropriately consider the compelling evidence, including the high regard in which she is held by her peers, the implementation of her research, and the potential for her work to positively impact U.S. industries and the environment.
In a favorable outcome, the AAO sustained our appeal and overturned the initial denial. The AAO recognized that the officer had applied an unnecessarily high standard of evidence and had not given proper consideration to the full scope of the supporting materials. The I-140 petition was ultimately approved, allowing our client to continue her work in the United States and further contribute to the advancement of green chemistry and biosensing technologies.
- Our Goal
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.