Success Story: Despite Receiving an RFE, NAILG Secures an EB-2 NIW for a Biomedical Engineering Research Fellow
Client’s Testimonial:
"I was impressed by their professionalism, especially during the RFE response preparation, within the strategies and languages they used to justify my case, which I found very reliable."
On April 9th, 2026, we received another EB-2 NIW (National Interest Waiver) approval for a Research Fellow in the Field of Biomedical Engineering (Approval Notice).
General Field: Biomedical Engineering
Position at the Time of Case Filing: Research Fellow
Country of Origin: China
State of Residence at the Time of Filing: Michigan
Approval Notice Date: April 9th, 2026
Processing Time: 5 months, 3 days (Premium Processing Requested)
Case Summary:
On April 9th, 2026, North America Immigration Law Group (Chen Immigration Law Associates) successfully secured an EB-2 National Interest Waiver (NIW) approval for a Research Fellow specializing in biomedical engineering.
Despite a Request for Evidence (RFE) issued midway through the process, our legal team expertly navigated the adjudication standards to secure a definitive victory in just 5 months and 3 days.
Expertly Navigating the RFE
On January 13th, 2026, USCIS issued an RFE that improperly applied a heightened standard of proof to the client's case. The adjudicating officer suggested that the record did not show how her methodologies were sufficiently "innovative or distinct" from others to represent a broad impact.
We firmly reminded USCIS that the NIW classification does not require a petitioner to prove their work is "innovative or distinct" from existing research. By meticulously citing the USCIS Policy Manual and the Matter of Dhanasar framework, we reinforced that cases must be judged on the "preponderance of the evidence" standard—meaning the claim only needs to be "more likely than not" true. Our robust legal defense ensured the officer evaluated the endeavor on its actual merits.
Tackling Brain Tumors and Strokes Without Invasive Surgery
Holding a Ph.D. in biomedical engineering, our client focuses her proposed endeavor on integrating biomedical and electrical engineering techniques to develop noninvasive ultrasound-based approaches for brain-targeted drug delivery, diagnosis, and neuromodulation.
We argued that her research addresses critical U.S. healthcare vulnerabilities. By targeting severe neurological conditions that affect millions of Americans, her work directly advances the goals of major federal health initiatives. Furthermore, her advanced ultrasound-based methods provide noninvasive therapies for acute medical emergencies, aligning with the core missions of top national public health agencies. Notably, her innovations overcome complex anatomical barriers for localized drug delivery while significantly improving patient comfort and standardizing clinical procedures.
An Elite Record in Biomedical Engineering
To prove that our client is exceptionally well-positioned to advance this critical work, we documented her elite bibliometric standing and institutional backing:
- She has published 11 peer-reviewed journal articles, 2 peer-reviewed conference articles, and 5 abstracts.
- Her published methodologies have accumulated 259 citations.
- We highlighted that her highly impactful research is backed by competitive funding from the National Institutes of Health and the Focused Ultrasound Foundation.
By directly challenging the adjudicator's heightened standards and focusing on the objective, life-saving impacts of her ultrasound technology, NAILG secured a decisive NIW approval.