Success Story: North America Immigration Law Group Won the Appeal and Secured Approval for the Client After Officer XM 2543 Denied the NIW I-140

At North America Immigration Law Group (NAILG), we know that a denial is not always the final word. When a well-prepared National Interest Waiver (NIW) petition is refused due to misapplied standards or overlooked evidence, our role is to step in, correct the record, and fight for a fair decision. This case is a clear example of how our team stood by a client in the communication and networking technologies field, overcame an unfair denial issued by Officer XM 2543, and ultimately secured I-140 approval through a successful AAO appeal.

Case Summary:

This NIW matter involved an Immigrant Petition for Alien Worker (Form I-140) filed under the EB-2 classification with a request for a National Interest Waiver. The client qualified as an advanced degree professional and proposed an endeavor focused on developing advanced wireless communications and networking technologies using AI-enabled techniques to improve data exchange reliability and efficiency. Although USCIS initially denied the petition after issuing an RFE, NAILG filed a strong I-290B appeal and motion to reconsider. The Administrative Appeals Office (AAO) sustained the appeal, reversed the denial, and reinstated the original priority date, resulting in a final NIW approval.

Filing the NIW Petition

NAILG prepared and filed the NIW petition with a strategy grounded in the three-prong framework of Matter of Dhanasar. Our filing demonstrated that the client met the advanced degree requirement and satisfied all NIW criteria:

Prong 1: Substantial Merit and National Importance
We showed the client’s proposed work had clear merit and national importance because it advanced next-generation wireless networks, supported AI-driven communications infrastructure, and aligned with U.S. priorities for technological leadership. The petition emphasized that high-quality wireless communication and networking are critical to national competitiveness, economic growth, and emerging technology development.
Prong 2: Well Positioned to Advance the Endeavor
We documented the client’s record of achievement, including strong authorship in peer-reviewed venues, patents, influential publications, and meaningful citation impact. We also highlighted leadership roles and recognition, demonstrating expertise and the ability to drive progress in the field.
Prong 3: Beneficial to Waive Labor Certification
We argued that the urgency and importance of the client’s endeavor made a labor certification unnecessary, because the United States would benefit from the client’s continued contributions even without a specific job offer tied to the petition.

This filing presented a cohesive, evidence-rich case showing the client’s work was not only valuable academically but also directly relevant to national goals in the wireless and AI-enabled networking sectors.

Request for Evidence Issued by Officer XM 2543

About 5 months and 16 days after filing, Officer XM 2543 issued a Request for Evidence challenging the petition under all three Dhanasar prongs. The RFE focused on several areas:

Translation Certifications
USCIS claimed certain foreign-language documents did not include compliant English translations and certifications.
Perceived Inconsistencies in Classification and Experience
The officer questioned the client’s documentation of education and professional history, raising concerns about clarity in dates, duties, and verification materials.
Prong 1 Concerns
USCIS argued the petition did not sufficiently connect the proposed endeavor to clear national importance, requesting a more detailed description of the client’s future work.
Prong 2 Concerns
The officer asserted that the record did not adequately prove the client’s influence on the field or demonstrate sustained progress tied to the endeavor.

NAILG’s Comprehensive RFE Response

NAILG responded carefully and forcefully. USCIS received our response about 2 months and 21 days after the RFE. Key improvements included:

Full Translation Compliance
We resubmitted translations for awards, patents, and published works with proper certifications that met regulatory standards.
Clarified Education and Experience Record
We provided updated academic documentation, formal evaluations, and verification letters to resolve the officer’s doubts and ensure a consistent record.
Stronger National Importance Evidence
We expanded the client’s personal statement to describe specific ongoing and future research directions within AI-enabled networking and next-generation wireless communications. We supported this with objective reports tying these technologies to U.S. competitiveness and critical infrastructure needs.
Expanded Proof of Impact and Positioning
We submitted new independent letters and objective ranking data showing the client’s high citation impact and productivity compared to peers. We also documented broad, independent use of the client’s work by other researchers.

NAILG’s response directly addressed each concern, reinforcing the full Dhanasar framework with clearer evidence and stronger legal reasoning.

The Unfair Denial by Officer XM 2543

Roughly 3 months and 14 days after the RFE response, Officer XM 2543 denied the NIW petition. While USCIS acknowledged the advanced degree requirement was met, the denial rejected the NIW prongs on grounds that were inconsistent with both the evidence and proper legal standards:

Translation and Reliability Rejected Again
USCIS continued to dismiss translations even after regulatory compliance was demonstrated, undermining key evidence without a rational basis.
Alleged Inconsistencies Persisted
The officer claimed the record still contained unresolved discrepancies, despite the clarifications and updated proof provided.
Prong 1 Misapplied
The denial treated independent reports as too general, ignoring the clear link between the client’s specific endeavor and nationally critical wireless and AI infrastructure goals.
Prong 2 Mischaracterized
The decision dismissed percentile and benchmarking data solely because the category was broad, and minimized major publications and awards without properly weighing their prestige or the independent adoption of the client’s work.
Prong 3 Denied by Default
Since the officer claimed Prongs 1 and 2 were not met, Prong 3 was rejected automatically.

In short, the denial imposed requirements beyond the “preponderance of the evidence” standard and failed to fairly evaluate a strong record.

Appealing the Denial

NAILG filed an I-290B appeal 21 days after the denial. The appeal argued that the decision was legally and factually flawed, emphasizing that Officer XM 2543:

ignored or diminished key evidence,
applied a higher standard than required, and
disconnected the factual record from the conclusion.

Our appeal reinforced:

Translations and documentation were fully compliant, and USCIS could not logically accept the advanced degree status while rejecting related evidence on translation grounds.
National importance was proven, including clear alignment with U.S. priorities and government support for next-generation wireless technologies.
The client was well-positioned, supported by independent adoption of their research, expert letters, strong publication venues, meaningful peer-review activity, and objective impact rankings.
On balance, a waiver benefited the United States, given the urgency and value of the endeavor.

Final Outcome: AAO Reversal and Approval

After 6 months and 8 days, the AAO issued a non-precedent decision sustaining our appeal and granting the motion to reconsider. The AAO concluded that the denial hinged on incorrect application of law or policy and errors in evaluating the record. It confirmed that the client satisfied all three Dhanasar prongs and noted that the client’s STEM doctorate tied directly to the endeavor was an especially positive factor under USCIS policy guidance. With the appeal sustained, the denial was reversed and the I-140 NIW petition approved, preserving the original priority date. The total process from filing to AAO approval lasted 1 year, 6 months, and 19 days.

Conclusion

This case reflects what NAILG stands for. When Officer XM 2543 issued an unjust denial, we did not treat it as the end. We treated it as a challenge to correct. Through a detailed and strategic appeal, we ensured the evidence was properly weighed and the law correctly applied, resulting in a full reversal and approval for the client. NAILG remains committed to guiding clients through setbacks with clarity, persistence, and high-level advocacy so their contributions can be recognized in the United States.

Our Firm’s Approach After a Denial:

With the USCIS NIW approval rate dropping to 62.78% in the first quarter of FY2025 (see here), denials are becoming more common—even for otherwise strong cases. That’s why it’s essential to understand how your attorney can support you strategically and proactively after a denial. At our firm, we don’t view a denial as the end of the case. We carefully analyze the officer’s reasoning and advise most clients to pursue both a refile and an appeal when appropriate.

Although appeal approvals are rare—of the nearly 1,400 AAO NIW appeals filed in FY2024, only 15 were sustained and 90 remanded (see here)—an appeal offers a key benefit: it preserves your original priority date. This can be critical if your appeal is sustained, as it may allow you to file your I-485 adjustment of status sooner, without waiting for a new priority date to become current.

Because we believe in the strength of our cases, for clients under our Approval or Refund® service, we pay the USCIS filing fee for either the appeal or the refile. We are committed to standing by your case and giving it every possible opportunity to succeed.

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 58,000 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 cumulative total of approved cases grew from 600 in 2013 to over 58,000 in 2025.