Success Stories: NIW Appeal Sustained by AAO After Denial by TSC Officer XM1698 — Original Priority Date Can Be Kept

Case Summary:

At North America Immigration Law Group (NAmILG), we take immense pride in standing by our clients through every twist and turn of the immigration process, especially in the face of setbacks. In the following case story, we highlight a pivotal development in an NIW (National Interest Waiver) I-140 petition that was initially denied but later saw a significant victory when the Administrative Appeals Office (AAO) sustained our appeal. Our client, a dedicated researcher in the field of inorganic chemistry, faced significant legal challenges due to a narrow interpretation by USCIS. Nonetheless, our team leveraged deep legal expertise, strategic documentation, and persistence to reverse the denial and secure a favorable decision.

Background and Initial Filing

The client, a Ph.D. holder in Inorganic Chemistry from Iran, submitted a self-petitioned form I-140 under the EB-2 category, accompanied by a request for a National Interest Waiver. The petition was filed on October 5, 2023, arguing that her work in metal-organic frameworks and nanomaterials targeting critical environmental and health issues, such as CO₂ reduction and cancer therapy, possessed substantial merit and national importance.

At the time of filing, the client had a solid record of peer-reviewed publications and growing citation impact. Her work included multiple papers recognized among the top-cited in her field, supported by independent metrics indicating strong standing among peers in inorganic chemistry. In addition to her research accomplishments, she brought a combination of teaching and industry experience, along with international research funding—demonstrating both subject-matter expertise and a sustained commitment to scientific advancement.

RFE and Denial

Despite the strong initial submission, USCIS issued a Request for Evidence (RFE) on December 18, 2023, questioning whether the client met the second and third prongs of the Matter of Dhanasar framework. The RFE, issued by Officer XM1698 at the Texas Service Center, requested further clarification and documentation to demonstrate a record of success and progress toward her proposed endeavor. The RFE’s tone and content suggested a highly skeptical view, with several conclusory assertions lacking thorough analysis.

On March 14, 2024, Officer XM1698 issued a denial. The denial focused on the claim that the client failed to establish she was well-positioned to advance her research in the U.S., citing a lack of job offers, U.S.-based funding, industry recognition, and evidence of direct impact or momentum in her field. The officer also questioned the sufficiency of the recommendation letters and failed to acknowledge the full scope of the objective evidence provided. As a result, the officer also concluded that the third prong—on balance, benefit to the U.S.—was not satisfied.

Strategic Appeal and Arguments

Refusing to accept an unjust decision, our legal team filed an I-290B appeal on April 3, 2024. The appeal forcefully challenged the denial as an abuse of discretion and misapplication of law. We argued that the denial decision improperly applied a heightened standard more akin to the EB1A category, disregarded key evidence, and imposed unreasonable expectations on a self-petitioning applicant.

Specifically, our appeal emphasized:

The USCIS officer ignored extensive objective evidence, including the client’s publication record, increasing citation impact, and favorable citation rankings.
Letters of recommendation from independent experts demonstrated interest in and application of her research.
The officer failed to account for the client’s documented progress and future research plans, detailed in her statement.
The denial improperly penalized the client for not having U.S.-based employment or funding, factors that are not required under NIW law and policy.
The national interest in her work aligned with major U.S. initiatives such as the Cancer Moonshot and efforts to combat climate change, and her STEM background in a Critical and Emerging Technologies (CET) field weighed heavily in her favor under USCIS policy.

AAO Decision and Case Approval

On October 18, 2024, the Administrative Appeals Office issued a favorable non-precedent decision, sustaining the appeal and overturning the original denial.

In its de novo review, the AAO:

Affirmed that the client’s proposed endeavor met the first Dhanasar prong, citing the national importance and merit of her research.
Concluded that the client was indeed well-positioned to advance her proposed endeavor, recognizing the compelling combination of her advanced education, significant publication record, rising citation impact, independent endorsements, and ongoing research activity.
Determined that the national interest in her work justified a waiver of the job offer requirement, particularly considering its alignment with U.S. national priorities and CET designations. The AAO emphasized that the benefit of her contributions to the U.S. outweighed the need for labor certification, even if other qualified workers might exist.

The AAO’s comprehensive and balanced analysis directly contradicted the original findings of Officer XM1698, validating the legitimacy and strength of the client’s petition.

Conclusion

This case underscores the importance of skilled legal advocacy and tenacity in overcoming procedural and evidentiary hurdles in the NIW process. Despite a denial grounded in flawed reasoning, our client achieved a favorable outcome thanks to a carefully executed appeal that highlighted the full breadth of her qualifications and the national significance of her research. At North America Immigration Law Group, we are honored to help extraordinary individuals like this client continue their invaluable contributions to 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.