Success Stories: Thanks to Our Team Work, NIW Confirmation Assured for a Researcher in Biomedical Science Hailing from Nepal, Despite RFE


Client’s Testimonial:

“Thank you so much for the successful I-140!!!”

On October 6th, 2022, we received another EB-2 NIW (National Interest Waiver) approval for a Researcher in the Field of Biomedical Science (Approval Notice).

General Field: Biomedical Science

Position at the Time of Case Filing: Researcher

Country of Origin: Nepal

State of Residence at the Time of Filing: Missouri

Approval Notice Date: October 6th, 2022

Processing Time: 10 months, 27 days

Case Summary:

The I140-NIW or National Interest Waiver is a kind of nonimmigrant visa designed for those individuals whose work is of benefit to the U.S. Such individuals who get an NIW approval, are allowed to continue their work in the U.S. without a permanent job offer or labor certification. The following regulatory criteria play an important role in the approval process are:

  • Evidence of original scientific, scholarly, artistic, or business-related contributions of major significance
  • Evidence of authorship of scholarly articles in the field, in professional or major trade publications or other major media
  • Evidence of membership in associations in the field that demand outstanding achievement

So, when our NIW client from Nepal wanted to work with us on her case, we made sure that she not only showed that she meets at least three of the regulatory criteria, but the evidence in the aggregate also demonstrates her national and international acclaim and position at the very top of her field. Some of the facts we discovered about her which helped her win the case are:

  • As an expert in the field of biomedical science, her proposed endeavor is to continue her research on analyzing the genetic networks underlying Alzheimer’s disease in order to develop early diagnostic procedures and effective treatments.
  • Her research advancing her proposed endeavor is of great importance because it aids in revealing the underlying genetic factors in Alzheimer’s disease, improving methods for early diagnosis, and supporting the development of new treatments.
  • In addition, her proposed endeavor has broad implications for the United States. Her research on Alzheimer’s disease directly contributes to diagnosing and treating a significant health issue in the United States.
  • Her research has in fact been supported with funding from two branches of the National Institutes of Health (NIH) – the National Institute on Aging and the National Institute of Neurological Disorders and Stroke – as well as the NIH itself. Furthermore, her study has received funding from the Alzheimer’s Association, Mayo Alzheimer’s Disease Research Center, the National Institute on Aging, and the National Institute of Neurological Disorders and Stroke.
  • Her high status in the field is further demonstrated by her membership with a prestigious institution working on neurology here in the U.S.
  • Her research has resulted in 4 peer-reviewed journal articles and 1 book chapter which have been cited a total of 75 times according to Google Scholar.
  • She has been pursuing research directly related to her proposed endeavor of analyzing the genetic networks underlying Alzheimer’s disease and other neurodegenerative diseases for 7 years now, giving her the necessary expertise in the field.

So, it was no surprise that even with an RFE, she got her approval in less than 11 months. We are proud to have worked with her on the case and we wish her all the best in her future endeavors.

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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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.

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