Success Stories: Despite an RFE, NAmILG Aided an Experienced Researcher in the Field of Physics To Refile and Secure EB1A Case Approval Successfully


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“I trust this message finds you in good health and spirits. I wish to express my heartfelt appreciation for your consistently prompt and valuable support throughout my NIW and EB1A endeavors. Your dedication and hard work in crafting my petition have been instrumental in my journey, and for this, I am sincerely thankful. Having been an enthusiastic participant in this collaborative process since 2017, I have been profoundly impressed by your team’s commitment to excellence. Your efforts have left an enduring impact, compelling me to recommend your esteemed firm to peers, who are equally invested in the NIW and EB1A pathways.”

On August 2nd, 2023, we received another EB1-A (Alien of Extraordinary Ability) approval for an Experienced Researcher in the Field of Physics (Approval Notice).

General Field: Physics

Position at the Time of Case Filing: Researcher

Country of Origin: India

Country of Residence at the Time of Filing: Brazil

Approval Notice Date: August 2nd, 2023

Processing Time: 19 months

Case Summary:

North America Immigration Law Group has recently obtained approval for an I-140 EB1A (Alien of Extraordinary Ability) petition from the USCIS. Initially, the petition received an RFE (Request for Evidence), but the group withdrew it to refile the case for an experienced researcher in the field of physics. The researcher’s work had a significant influence on the entire field, surpassing the majority of others in the same field. The legal criterion for the EB1A visa category requires that the applicant has reached the highest level of their field. This case highlights the additional hindrances that the client faced, as USCIS adjudicators sometimes create novel and nearly insurmountable provisions that go beyond the high standards appropriate for this category.

Therefore, we vigilantly reviewed his research background and planned a petition package most suitable to him. We convincingly stated that he had dedicated his extraordinary research efforts to the field of physics, focusing on the development of reliable and robust gas sensors, concluding that it addresses some of our nation’s and the world’s most pressing issues, including detecting and monitoring dangerous pollutants for public, domestic, and industrial safety and monitoring environmental air quality.

His research field is very crucial as throughout his career, he has directed the majority of his efforts to improving gas sensor technologies. For the United States, which continues to be among the top nations contributing to greenhouse gas emissions worldwide, such initiatives are critical. The most frequent pollutants released by industrial processes and automobiles are hazardous and toxic gases, which are dangerous to the environment and human health. He is in line with American efforts to lower emissions, improve public health, and safeguard the environment because he has created innovative gas sensors that can target these and other dangerous chemicals.

Moreover, his extraordinary influence in the field is discussed more specifically below.

    • We found that he has actively engaged his peers in the field of physics by authoring and co-authoring 29 peer-reviewed scientific articles, 10 book chapters, and two books (one of them accepted for publication) that have been published in international journals and conference proceedings.
    • In total, his publications are associated with 976 citations on Google Scholar gathered from at least 60 countries, a number that quantifies the proximate influence of his research. This citation count shows that his research has proven itself foundational to a multitude of related developments. Indeed his contributions to the field have been invaluable to progress in the way of gas sensor developments.
    • Besides, we affirmed that our client has conducted more than 300 reviews for highly acclaimed journals to date. This evidence proves our client’s active and actual participation as a judge of the work of other experts in the field.

As evidence of the recognition, his work had received from the research community and leading scientists in his field had submitted 6 recommendation letters testifying that he is among the elite researchers in his specialized field. One of the letters had the following statement:

“To conclude, [our client] is an established frontrunner in the field of applied physics whose research has demonstrated its value to the academic community and industry time and again. The high level of respect he has gained throughout his career further speaks to his leading role in the field, making it clear that his research is frequently relied upon and considered a treasured source of guidance. His influential and necessary position in the field is therefore plain to see, and I am certain, based on his past work, that he will maintain this leadership for many years. I therefore encourage the U.S. to support his research at all costs.”

Our esteemed client from India has successfully secured the EB1A approval despite facing several obstacles and challenges. We express our heartfelt gratitude to him for placing his trust in our law firm and for collaborating with us throughout the entire process. We extend our best wishes to him for 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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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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