Success Stories: A Postdoctoral Research Fellow Secured all his EB1-A, NIW, and I-485 Approvals in the Field of Biomedical Engineering with our Consistent Support


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“Great service and prompt responses. Thank you so much! My experience working with you has been fantastic.”

On May 10th, 2021 and September 28th, 2021, we received another EB-1A (Alien of Extraordinary Ability) and EB-2 NIW (National Interest Waiver) approval for a Postdoctoral Research Fellow in the Field of Biomedical Engineering (Approval Notice).

General Field: Biomedical Engineering

Position at the Time of Case Filing: Postdoctoral Research Fellow

Country of Origin: India

State of Residence at the Time of Filing: California

Approval Notice Date: May 10th, 2021 (EB-1A) and September 28th, 2021 (NIW)

Processing Time: 1 month, 18 days (EB-1A) (Premium Processing Requested) and 10 months, 16 days (NIW)

Case Summary:

A petition for an employment-based immigration visa under the second preference (“EB-2”), unlike the first preference category of individuals with extraordinary ability, (“EB1-A”), at least requires:

  • No specific job offer/labor certification is required for a foreign person as long as he/she is entering the United States to continue work in the field in which he/she has an extraordinary ability, therefore self-petition is allowed.
  • Evidence of original contributions, usually through publication, of major significance in the foreign national’s field of science, scholastic, artistic, or athletic.
  • Performance in a significant role for organizations or establishments that have a distinguished reputation.
  • Receipt of a higher salary or remuneration than is usual in the field.
  • Other comparable evidence if the above types of evidence do not readily apply to the foreign national’s occupation.

Therefore, when a postdoctoral research fellow from India holding a Ph.D. in biomedical engineering approached us to file both his EB-1A and I-140 NIW petitions, we consolidated the following essentials from his academic and professional records:

  • His biomedical engineering research addresses some of our nation’s and the world’s most pressing issues, including the safe and expanded use of biomaterials within the healthcare sector. He is particularly well-known for his contributions to the use of biomaterial-based implants.
  • His research has resulted in 16 peer-reviewed journal articles, 1 U.S. patent, and 3 book chapters, being cited 366 times in at least 45 countries.
  • He has conducted at least 79 reviews for at least 5 journals.
  • He has served as a guest editor for 1 journal.
  • 4 fellow experts in the field provided additional insight into the importance of his ongoing work in the field, one of whom stated:

“…I would like to express the significance of [client’s] research for the United States. Wound care is particularly relevant to the nation’s economic interests…[Client’s] research is thus directly relevant to alleviating a large portion of this financial burden on the state, as his work not only tackles wound healing broadly but also addresses underhealing wounds specifically.”

Consequently, he not only received his EB1-A (Alien of Extraordinary Ability) approval in only 1 month, 18 days (thanks to premium processing) but even received his NIW approval in the next 4 months. He even achieved I-485 approval with our firm’s efforts and hard work. We are glad to have had the opportunity to represent him in this case and wish him good luck in his future endeavors.

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 16,000 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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