Success Stories: A Ph.D. Student from Kazakhstan Secures NIW (National Interest Waiver) Petition Approval, Despite a Long Wait


Client’s Testimonial:

“Thank you very much for all the hard work you have done for my case!”

On April 9th, 2021, we received another EB-2 NIW (National Interest Waiver) approval for a Ph.D. Student in the Field of Optics (Approval Notice).

General Field: Optics

Position at the Time of Case Filing: Ph.D. Student

Country of Origin: Kazakhstan

State of Residence at the Time of Filing: Florida

Approval Notice Date: April 9th, 2021

Processing Time: 15 months, 12 days

Case Summary:

Our client with an MS degree in optics approached North America Immigration Law Group to help him in filing an EB-2 NIW (National Interest Waiver) petition on his behalf. Before we agreed to countersign the attorney-client agreement, we appraised his credentials. Accumulated from his research review and professional accomplishments, we were firm to lead him to achieve the national interest waiver. Our part of the job was to prove to the USCIS that his proposed research is not only critically important to the progression of the optics field but the technological and manufacturing industries within the United States as well. Thus, we started preparing his case and highlighted the following in his petition packet:

  • We detailed his pioneering research on 2D space-time wave packets. After reviewing his research in this area, we concluded that it is of great importance because it pertains to the study of optics. Optics are integrated into essential technologies, including nuclear threat identification, solar power, high-power lasers, and high-tech manufacturing. One specific technological area is medical technology. In addition, his research has benefited the American manufacturing industry, as optics have numerous uses in the manufacturing process. Further, we corroborated the importance of his research continuation in the U.S. by specifying the funding his work has received from several American institutions, including the US Office of Naval Research, the US Army Research Office, the High Energy Laser Joint Technology Office (HEL-JTO) through the US Department of Defense’s Defense Systems Information Analysis Center, and the National Science Foundation. These organizations recognize the most prestigious research happening throughout the country as it relates to the betterment and furthering of American interests. These funding grants from these leading federal organizations make it evident that our client’s findings advance the national interest, including national security, public health, American prosperity, and technological advancement.
  • Besides, we displayed our client’s publications which have been cited 126 times from the 10 peer-reviewed journal articles (5 of them first-authored) and 2 conference articles (1 of them first-authored), demonstrating that his publications are most cited and highly acknowledged in the field of optics. Moreover, he has conducted at least one peer-review for a highly acclaimed journal, which further confirmed that he is an active member of the scientific community as a peer reviewer in the optics field.
  • Before the final submission of the petition package to the USCIS, it was necessary for us to add the four letters of support acquired by him from fellow experts to reinforce his case. Therefore, one of his recommenders stated the following:

“[Client] offers a versatile approach that paves the way to perform group-velocity matching, which boosts the efficiency of a larger set of processes, such as two-photon absorption. It is therefore apparent that his research contributions provide the optics field with invaluable insight into prevalent issues.”

We are pleased that our team’s efforts and our client’s cooperation yielded fruitful results. The USCIS spent almost 15 months and 12 days adjudicating our client’s case, however, no RFE was issued. We thank him for trusting our law firm throughout the process and congratulate him on this great milestone.

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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