Success Stories: EB-1B Petition Approved for Senior Scientist in North Carolina in the Field of Chemistry despite RFE and NOID


Client’s Testimonial:

“I am happy and very excited about my EB1B case [being] approved after [a] couple of RFE’s. I am extremely grateful to the attorneys and other staff at Chen Immigration for handling my case with care and patience and bringing it to a successful completion. I appreciated your effective and very quick work. And I will certainly spread the words among my friends and colleagues […] Thank you very much for your great work!

On March 11th, 2016, we received another EB-1B (Outstanding Professors and Researchers) approval for a Senior Scientist in the Field of Chemistry (Approval Notice).


General Field: Chemistry

Position at the Time of Case Filing: Senior Scientist

Country of Origin: India

Service Center: Texas Service Center (TSC)

State of Residence at the Time of Filing: North Carolina

Approval Notice Date: March 11th, 2016

Processing Time: 14 months, 5 days

Case Summary:

A senior scientist from India hired North America Immigration Law Group ( to help him attain green cards for himself and his family. Our client chose to file two I-140 petitions: EB-2 NIW (National Interest Waiver) and EB-1B (Outstanding Professors and Researchers). This is very common amongst petitioners as it gives them a higher chance of getting a petition approval. In this case, our client was fortunate enough to receive two approval notices.

Understanding Priority Dates:

We are particularly pleased that the USCIS approved our client’s EB-1B petition because it qualifies him for immediate I-485 application (last step in the green card process) filing—he does not have to wait for his priority date to become current. Because our client was born in India, he has to adhere to the strict quota system that the USCIS has in place: it limits the number of green cards issued to petitioners with EB-2 approvals who were born in India. For instance, petitioners born in India whose EB-2 petitions were recently filed and approved have to wait several years before their priority date becomes current. On the other hand, Indian petitioners with EB-1 approvals need not worry about this as there is no quota in place for them. They may apply for their green cards any time they want.

EB-1B Petition:

Part of our legal services included putting together a convincing EB-1B petition that highlighted our client’s most flattering achievements. From his advanced degrees to his research endeavors on the development and synthesis of pharmaceutical compounds, we detailed it all. By the time we were ready to file the petition, we had amassed a wealth of information on our client: the 50 citations to his work, his 7 publications, 1 patent, and 20 times he conducted peer reviews for scientific journals. We also included recommendation letters provided by other leaders in the field of chemistry. One of them—a prominent professor—wrote, “I see [Client] as a truly noteworthy individual. He has gone above and beyond what is usually expected of someone of his experience level. He stands apart from his peers in the field and should be supported as a top-level researcher.”


Although we presented a strong EB-1B case to the USCIS, they issued a Request for Evidence (RFE) six months after we filed the case, and a Notice of Intent to Deny (NOID) four months after that. Our legal team responded to both notices in a prompt and efficient manner, and as is evident, our expertise paid off and our client’s EB-1B petition was approved.

Pending Filing:

Because our client chose to base his I-485 application on his EB-1B approval, he did not have to worry about the priority date and could carry out pending filing (filing I-485 while the I-140 awaits approval). We are currently helping him respond to an RFE, and once that is completed, we will join him as he awaits a favorable decision from the USCIS. In the meantime, we thank him for selecting our law firm to represent his case and we wish him well as he continues his research.



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).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

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.

We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours

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.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approved cases grew from 600 in 2013 to over 3,500 in 2019.

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