Success Story: EB-2 NIW approval for a postdoc researcher in wireless communication
Recently, we at Chen Immigration Law Associates received another EB2 NIW (National Interest Waiver) Approval for a Postdoc researcher specializing in wireless communication. Approval Notice)
General Field: wireless communication
Position at the Time of Case Filing: Postdoctoral Research Associate
National Origin: Bangladesh
Service Center: Texas Service Center (TSC)
State Residing at the Time of Filing: Texas
Case Summary:
This case was originally filed by another law firm and the client approached us after an RFE (Request for more Evidence) was issued. We evaluated the case and determined that we were able to have the case approved responding to the RFE.
This client possessed a unique background that made his abilities within the field of wireless communication and networking invaluable. While many scientists focus their studies on one area of science, our client had pursued a level of expert understanding in both wireless communication and networking and intelligent transportation systems (ITS). This multi-disciplinary expertise is important in advancing the understanding and infrastructure surrounding wireless communication in the transportation industries and was something we emphasized as a major arguing point in this RFE response.
When a client approaches us to evaluate their NIW request, we first analyze the case to see which parts of the petition are weakest and which prong(s) of NYSDOT might be or has/have been challenged. Thereafter, we assess these parts and then ameliorate the petition by adding supplemental evidence. In this case we were tasked with improving the quality of evidence specifically in that the national interest would be adversely affected if a labor certification were required. We did this by drafting recommendation letters from internationally respected professionals that work both in and outside this client’s field of research. Within these letters we focused on building the case that even though our client’s citation number was relatively low there was significant evidence that our client’s research had a significant influence on many leading researcher’s own work. Specifically, many researchers had this to say about our client: “Dr. X has a proven record of success in working with the highly complex algorithms involved in the creation and advancement of new types of wireless networks and their applications. His work is being widely implemented across the field and holds potential for improving urban transport and shipping across the United States, making the continuation of his studies a hugely valuable economic and technological opportunity of the country.”
In addition to obtaining quality recommendation letters we also ameliorated this petition’s section regarding the request of more evidence of the original scientific contributions of major significance in the field of this client. We improved this section by highlighting this client’s extensive peer-review work for scholarly journals in the field. Such review work demonstrates that the petitioner has been selected from their peers as a top level expert, capable of commenting on the accuracy and importance of others’ work.
Using this proven strategy, while correctly articulating the importance surrounding this client’s valued work, we at Chen Immigration Law Associates were able to secure approval for this petition on March 15, 2013.
With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

