Success Story: NIW Approval After RFE Secured for an Artificial Intelligence Researcher from China
Client’s Testimonial:
“Thank you again for your professionalism and support throughout my NIW case, especially during the RFE process.”
On September 30th, 2026, we received another EB-2 NIW (National Interest Waiver) approval for a Ph.D. Student and Research Assistant in the Field of Artificial Intelligence (Approval Notice).
General Field: Artificial Intelligence
Position at the Time of Case Filing: Ph.D. Student and Research Assistant
Country of Origin: China
State of Residence at the Time of Filing: Texas
Approval Notice Date: September 30th, 2026
Processing Time: 6 months, 19 days (Premium Processing Requested)
Case Summary:
Earning NIW approval requires demonstrating that the proposed endeavor has substantial merit and national importance, that the applicant is well positioned to advance the endeavor, and that waiving the job offer and labor certification requirements would benefit the United States. When a Request for Evidence (RFE) is issued, USCIS takes an even closer look at whether the record, viewed as a whole, satisfies the Dhanasar framework. With the assistance of North America Immigration Law Group, the client successfully responded to the RFE and obtained approval under the EB-2 National Interest Waiver category.
The client holds an M.S. in mechanical engineering and has built a research record in artificial intelligence. At the time of filing, the client was conducting research as a Ph.D. student and Research Assistant at a U.S.-based academic institution, with plans to continue advancing the field through a future academic role. The client’s work was presented as part of a broader effort to develop artificial intelligence methods and applications that support more capable, reliable, and useful intelligent systems.
To support the NIW petition, the record presented a combination of objective evidence rather than relying on any single achievement. The client had authored 4 peer-reviewed journal articles (2 of them first-authored) and 3 peer-reviewed conference articles (1 of them first-authored), and the published work had received 131 citations. The initial filing proceeded without supporting letters, while the RFE response included 3 recommendation letters and 1 testimonial letter. One expert noted:
"Ensuring that [Client's] work proceeds is thus not only crucial to the field but also to the United States."
The petition did not treat the client’s publication and citation record as isolated numbers. Instead, we explained how the client’s scholarly work showed sustained progress in artificial intelligence and how the citation record reflected reliance by other researchers in the field. The petition also highlighted research support connected to the National Science Foundation, which helped reinforce the broader value of the client’s work in advancing AI-enabled design workflows, 3D model creation, and engineering research. The supporting letters submitted with the RFE response further provided additional context regarding the client’s expertise, research direction, and ability to continue contributing to artificial intelligence research.
In responding to the RFE, we organized the evidence around the NIW standard. We emphasized the importance of continued artificial intelligence research, the client’s academic background, the documented publication and citation record, and the expert support provided through the RFE response. This approach helped demonstrate that the client was well positioned to continue the proposed endeavor and that the benefits of the client’s work supported approval under the National Interest Waiver framework.
Following review of the comprehensive RFE response, USCIS approved the client’s I-140 NIW petition through premium processing. This approval reflects how a carefully documented record, combining artificial intelligence research, scholarly publication, citation impact, academic preparation, and expert support, can effectively demonstrate eligibility for a National Interest Waiver after RFE review.