Success Stories: Clinical Engineer from India with 94 Citations in the Field of Systems Engineering Obtains EB-1A Petition Approval despite RFE


Client’s Testimonial:

“I received a text message to check the status and did. The online status states that my case was approved! I sincerely thank you and your team.”

On May 11th, 2016, we received another EB-1A (Alien of Extraordinary Ability) approval for a Clinical Engineer in the Field of Systems Engineering (Approval Notice).


General Field: Systems Engineering

Position at the Time of Case Filing: Clinical Engineer

Country of Origin: India

Service Center: Texas Service Center (TSC)

State of Residence at the Time of Filing: Virginia

Approval Notice Date: May 11th, 2016

Processing Time: 82 Days (Premium Processing Requested)

Case Summary:

A clinical engineer from India sought North America Immigration Law Group’s help when he decided that he wanted to obtain green cards for himself and his family. After going through his CV and professional accolades, we confirmed that he qualified for EB-1A (Alien of Extraordinary Ability).

Thanks to the 8 scientific articles, 4 conference papers, and 3 scientific magazine articles to his name, we were able to prove to the USCIS that our client’s research is being disseminated amongst other professionals who are also progressing the field of systems engineering. We also noted the 94 citations gathered from his work and the 15 times he judged the work of his peers for several scientific journals. According to a prominent assistant professor who signed a recommendation letter in support of our client’s EB-1A petition: “[Client’s] continued work is of great importance to the U.S., as it has and will continue to further our understanding in areas such as biomedical, human factors, and usability engineering. This directly benefits the medical industry and ergonomics as a whole, both of which are vital to the scientific interests of the U.S.” Another expert in the field, a manager, stated that “It is my expert opinion that [Client’s] continued work in this area will help to educate the American public on important hospital environmental factors such as ICU noise levels and will further help in establishing effective strategies for dealing with such issues.” Four other experts joined the aforementioned two supporters in advocating for the approval of our client’s EB-1A petition by also contributing recommendation letters, and as is apparent by the approval notice that our client received 82 days after filing, they certainly helped. Because our client opted for Premium Processing, his case should have been processed within 15 days but it took far longer than that because of the RFE issued.

What is an RFE?

According to the USCIS, a Request for Evidence (RFE) is issued when “… an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant’s eligibility for the benefit sought.” As soon as we received the RFE, our legal team and support staff got to work putting together a strong response to it. A couple of months later, we submitted the RFE package to the USCIS and they approved our client’s EB-1A case just 7 days later. We are pleased that our meticulous response to the RFE convinced the USCIS that our client’s achievements are warranted and that he will continue conducting functional research that benefits the United States.

We recently filed an I-485 application for our client and his dependent and we join them as they eagerly await a favorable outcome from the USCIS. In the meantime, we wish our client the best as he continues to addresses some of our nation’s most pressing issues in understanding how to improve hospital ergonomics by decreasing harmful environmental factors.

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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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.

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