Success Stories: NIW Case Approved Following the Appeal of a Denial Decision by TSC Officer XM2532

Case Summary:

At North America Immigration Law Group (NAILG), we are dedicated to providing comprehensive legal representation to researchers, professionals, and innovators pursuing U.S. permanent residency through the EB-2 National Interest Waiver (NIW) program. The case of our client, a postdoc, showcases the challenges of overcoming a denial and successfully reversing it through an appeal before the Administrative Appeals Office (AAO).

Initial Filing and Challenges:

Our client’s EB-2 NIW petition was originally filed on November 20, 2023, under INA § 203(b)(2) as a professional holding an advanced degree, seeking a National Interest Waiver of the job offer requirement. The petition presented compelling arguments under the Matter of Dhanasar framework, outlining the substantial merit and national importance of the client’s proposed endeavor, the client’s strong position to advance it, and the benefit of waiving the labor certification requirement.

The client’s research focused on integrating deep learning and numerical modeling to address coastal hazards, offering practical tools for disaster mitigation, flood resilience, and urban safety. His work had already garnered support from agencies such as the National Science Foundation (NSF) and the U.S. Coastal Research Program.

However, on March 22, 2024, USCIS issued a Request for Evidence (RFE) signed by Officer XM2532, challenging all three prongs of the NIW test. We responded with a detailed and robust packet of documentation, including a personal statement from the client, additional recommendation letters, updated citation data, and evidence of federal interest in his work.

Despite this, a denial was issued on August 6, 2024, again by Officer XM2532. The denial argued that our client’s proposed endeavor lacked national importance, wrongly equated his employment duties with his broader research goals, and failed to consider extensive evidence already submitted.

Strategic Appeal Filing:

Refusing to allow an unfair assessment to halt the client’s progress, NAILG filed a formal appeal (Form I-290B) to the AAO on August 26, 2024, challenging the reasoning behind the denial.

The appeal carefully dissected the original decision and identified key adjudicative errors:

● Conflation of Employment and Endeavor: The officer improperly assessed the national importance based on the client’s employer-specific duties rather than the wider scope of his proposed research endeavor.

● Disregard of Evidence: The officer failed to address or acknowledge critical documentation, including independent expert letters, citation metrics, and federal funding support.

● Misapplication of Economic Benefit Standards: The denial implied that economic benefit was a requirement for establishing national importance, contrary to Dhanasar standards.

● Neglect of USCIS STEM Guidance: The officer ignored clear USCIS Policy Manual guidance recognizing the national importance of advanced STEM work in critical technologies like AI and deep learning.

In addition to refuting these errors, the appeal reaffirmed the client’s qualifications, research impact, and the urgency of the national interest in his work related to coastal risk mitigation and infrastructure protection.

Outcome and Reconsideration:

Following review, the AAO returned the case to the original service center for reconsideration on April 4, 2025, effectively vacating the initial denial. This procedural victory closed the appeal and reopened the path toward approval. While the AAO’s action does not by itself constitute an approval, it confirms that the original denial was flawed and requires correction. Thus, finally, after waiting for so long, the client got his I-140 NIW approval on July 9, 2025.

NAILG continues to support the client through this final stage of adjudication.

This case illustrates both the potential roadblocks in the NIW process and the critical value of strategic legal advocacy. Even in the face of a detailed denial, NAILG’s appeal laid bare the procedural and substantive flaws in the officer’s decision, ultimately resulting in the case being approved. We are proud to stand behind clients like this one, whose work in STEM fields offers tangible benefits to the national interest, and we will continue our commitment to ensuring fairness and success in U.S. immigration proceedings.

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.