Case Summary:              

We are pleased to share the successful approval of an EB-2 NIW (National Interest Waiver) petition for a postdoctoral fellow from Zimbabwe working in the field of food and nutrition. When this client approached North America Immigration Law Group (NAILG), his case presented a unique challenge: it was governed by the Child Status Protection Act (CSPA), which meant that timing was everything. To preserve the client’s eligibility, we moved swiftly and strategically to get the I-140 on file. This expedited strategy led to the anticipated issuance of a Request for Evidence (RFE), but our team was fully prepared.

Strategic Filing under CSPA Considerations:
Given the narrow time window to preserve CSPA eligibility, we submitted a condensed petition letter on April 22, 2024. While this initial submission prioritized speed over detail, it served its purpose: securing the all-important filing date. As expected, USCIS issued an RFE on February 7, 2025. With the filing date protected, we shifted focus to crafting a comprehensive and well-substantiated response.

Well Positioned to Advance the Proposed Endeavor & Research of National Importance:
The client’s research concentrates on investigating health-promoting bioactive compounds in food, aiming to reduce the burden of chronic diseases such as diabetes, cardiovascular disease, and obesity. This work aligns with urgent U.S. public health priorities and has garnered support from organizations like the Save the Children Foundation. In our RFE response, we demonstrated that the endeavor meets the Dhanasar standard for national importance by referencing public health reports, federal funding trends, and the national economic toll of chronic disease. The client also emphasized how his work contributes to initiatives like Nutrition Medicine and Medically Tailored Meals (MTMs), as outlined in his updated personal statement.

Our RFE response detailed the client’s excellent positioning through multiple forms of evidence: a Ph.D. in food and nutrition, a certificate of excellence from an education department, impactful research projects, peer-reviewed publications in reputable journals, and a record of independent citations. We submitted a bibliometric analysis to establish that several of the client’s papers ranked among the top 10% most cited in his field for the year, demonstrating outstanding scholarly impact.

Evidence of Review and Funding Recognition:
We also included documentation showing that the client served as a peer reviewer for journals and conferences, a responsibility typically reserved for leading experts in his field. Moreover, the client played a key role in securing a research grant under the Nutri and Flora initiative supported by the Save the Children Foundation. According to a testimonial letter submitted with our filing, the client was instrumental in drafting the grant proposal, structuring the project budget, and presenting to the foundation’s funding board.

Support from Independent Experts:
In a submitted letter of recommendation, one expert emphasized: “[Client’s] research project will have a broad public health impact by fostering a healthier and more active workforce.” This testimonial, along with others, confirmed the significant value of the client’s ongoing and future contributions to both science and public health.

Final Outcome:
Despite the initial challenge posed by an anticipated RFE, our careful two-phase approach ultimately led to a favorable decision. On July 2, 2025, USCIS approved the client’s EB-2 NIW petition. This case highlights not only the client’s exceptional qualifications but also the importance of strategy when filing under the constraints of the CSPA.

NAILG is proud to have guided this case from a race-against-time filing to a strong, well-evidenced petition that secured I-140 approval. We look forward to seeing the client’s continued contributions to the health and well-being of the U.S. population.