Success Story: Strategic RFE Response Secures NIW Approval for Food Science Research Advancing Food Sustainability
Client’s Testimonial:
"Thank you very much for your continued support and for helping me successfully obtain approval of my I-140 NIW petition. I truly appreciate your professionalism and assistance throughout the process.”
On August 6th, 2026, we received another EB-2 NIW (National Interest Waiver) approval for a Postdoctoral Fellow in the Field of Food Science (Approval Notice).
General Field: Food Science
Position at the Time of Case Filing: Postdoctoral Fellow
Country of Origin: Iran
Country of Residence at the Time of Filing: Canada
Approval Notice Date: August 6th, 2026
Processing Time: 29 months, 29 days
Case Summary:
After more than two years of processing, this NIW case reached a critical stage when USCIS issued a Request for Evidence (RFE) on April 7th, 2026. Importantly, USCIS had already accepted that the client's proposed endeavor possessed substantial merit and that the client was well positioned to advance it. The central dispute concerned national importance. The RFE appeared to mischaracterize the proposed endeavor, erroneously referencing an unrelated initiative involving a gender gap, rather than evaluating the client's actual plan to use novel food processing technologies and formulation techniques based on waste valorization to develop high-quality food products, improve processing technologies, minimize production costs, and promote food sustainability.
North America Immigration Law Group (Chen Immigration Law Associates) therefore structured the RFE response around correcting the analytical framework before expanding the evidentiary record. We reiterated that NIW petitions are evaluated under the preponderance of the evidence standard and emphasized that the proposed endeavor must be distinguished from a particular job or employment position. Most importantly, we redirected the analysis to the endeavor actually presented in the original filing and explained why its prospective impact extended beyond an individual employer to broader U.S. interests in food waste reduction, sustainable food production, resource efficiency, food security, and a more resilient food supply chain.
The response also reinforced national importance with additional evidence detailing the client's future research plans. These plans encompassed sustainable resource recovery, advanced processing technologies, enhanced nutritional systems, and the integration of artificial intelligence and predictive modeling into manufacturing optimization. A new expert support letter further explained how the client's work on repurposing agricultural byproducts could contribute to environmental stewardship, national food security, and the optimized utilization of agricultural resources. Together, these materials helped clarify the broader national implications of the endeavor rather than limiting the analysis to the client's immediate research setting.
The response was supported by an already substantial record of accomplishment presented with the original petition:
- Ph.D. in food process engineering
- 22 peer-reviewed journal articles, 2 abstracts, and 2 book chapters
- 355 citations to the client's published research
- At least 32 completed peer reviews
The RFE response ultimately focused the case back on the question USCIS needed to evaluate: whether the client's specific food science endeavor carried broader national implications. By clarifying the endeavor, applying the appropriate evidentiary standard, and supplementing the record with detailed future plans and expert evidence, we demonstrated how the client's continued research could address nationally relevant challenges involving food waste and sustainable food production. USCIS approved the petition on August 6th, 2026, after 29 months and 29 days of processing, bringing a lengthy NIW case and its RFE stage to a successful conclusion.