Success Story: NIW Approval Despite RFE For A Software Engineer From China In Over 7 Months

Posted by wegreened on April 14, 2026 in NIW, Artificial Intelligence

Client’s Testimonial:

“Thank you very much for letting me know. Your team provided impressively valuable assistance in filing the petition.”

On February 17^th, 2026, we received another EB-2 NIW (National Interest Waiver) approval for a Software Engineer in the Field of Artificial Intelligence (Approval Notice).

General Field: Artificial Intelligence

Position at the Time of Case Filing: Software Engineer

Country of Origin: China

State of Residence at the Time of Filing: California

Approval Notice Date: February 17^th, 2026

Processing Time: 7 months, 2 days (Premium Processing Upgrade Requested)

Case Summary:

It was a privilege for our team to assist the client, an artificial intelligence researcher with a Ph.D. in computer science, with an EB-2 NIW (National Interest Waiver) petition.

Building the Foundation

The client is currently employed as a software engineer at a leading U.S.-based technology company while continuing research in artificial intelligence. The proposed endeavor is to develop novel analytical frameworks for understanding complex network dynamics, with a focus on neural network optimization and adaptive control methodologies for large-scale interconnected systems. This research supports applications spanning transportation, communications, and emerging technologies by improving AI efficiency and strengthening resilience in systems where disruptions can cascade into large-scale failures.

To establish substantial merit and national importance, we framed the endeavor around two practical needs that impact broad U.S. interests: enabling more resource-efficient AI development and improving stability in interconnected infrastructure networks. Rather than relying on broad claims, we emphasized the real-world value of frameworks that reduce computational demands while preserving model performance, and adaptive control strategies that help predict and mitigate disruptions in complex systems.

Impressive Credentials and Achievements

To demonstrate that the client is well-positioned to advance the endeavor, we documented objective indicators of productivity, independent reliance, and peer trust:

Publications: 5 peer-reviewed conference papers (3 first-authored), 5 peer-reviewed journal articles (3 first-authored), and 1 first-authored preprint
Citations: 100 citations to the client’s published work
Peer review service: at least 8 completed reviews for highly selective, peer-reviewed venues in the field
Competitive support: evidence of major research funding sources supporting the client’s work, including multiple U.S. government agencies and a major European research initiative

We did not present these metrics as self-evidently sufficient. Instead, we explained how an adjudicator can interpret them in context. Citations were presented as evidence of independent reliance, meaning other researchers have found the client’s results useful enough to build upon them. We also highlighted that one publication ranked among the top 1% most cited articles in computer science for its year of publication, which provided field-and-year normalized context that helps distinguish influence from raw counts alone. Peer review invitations were positioned as a separate trust signal, since selective conferences and journals typically invite reviewers who have demonstrated credible expertise and reliable technical judgment.

Expert Endorsements

The petition was further supported by 4 recommendation letters from experts familiar with the client’s work, including independent perspectives. These letters helped translate specialized technical contributions into clear field impact and reinforced why the client’s methods matter for both AI capability and infrastructure resilience. One expert noted: “The integration of [Client’s] work into the work of these other researchers highlights the value of his work to the broader artificial intelligence research sphere.”

NIW Approval and Outlook:

This NIW approval reflects USCIS’s recognition that the client’s proposed endeavor has substantial merit and national importance, and that the client is well-positioned to advance it through a strong publication record, documented independent citation uptake, and trusted peer-review service, reinforced by major research funding support and expert testimony. We look forward to the client’s continued contributions to scalable, efficient AI and more resilient interconnected systems that support the United States’ long-term goals in innovation, economic security, and infrastructure reliability.

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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 Sixty-four Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With nearly 64,000 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 Tens of 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 nearly 64,000 in 2025.

Track Record of Success EB-1 and NIW Approvals

(2012.01 - 2025.12)

Category	Approval or Refund^®		Approval or Refiling^TM
	Approval or Refund^®
Category	Approved Sum	Success Rate	Approved Sum	Success Rate
NIW	42,047	99%	5,258	97%
EB1A	9,218	91%	4,534	86%
EB1B	1,488	98%	448	93%
Total	52,753	98%	10,240	92%