Success Story: NIW Approved Without RFE! Our Team Guided a Software Engineer and Ph.D. Candidate to Secure Success Swiftly

 

Client’s Testimonial:

“I had an excellent experience working with my attorney throughout my case preparation. She was consistently clear, supportive, and incredibly patient in answering my questions. Her guidance made the entire process feel much more manageable. I truly appreciated her professionalism and the care she put into every step. Thank you for your outstanding support; it made a real difference.”


On January 13th, 2026, we received another EB-2 NIW (National Interest Waiver) approval for a Software Engineer and PhD Candidate in the Field of Cloud Computing Infrastructure Reliability (Approval Notice).


General Field: Cloud Computing Infrastructure Reliability

Position at the Time of Case Filing: Software Engineer and PhD Candidate

Country of Origin: Italy

State of Residence at the Time of Filing: New York

Approval Notice Date: January 13th, 2026

Processing Time: 1 month, 27 days


Case Summary:  

We are pleased to share the success of an EB-2 NIW (National Interest Waiver) petition for a researcher in the field of cloud computing infrastructure reliability. The client, who holds an M.S. in computer science, secured approval by demonstrating that their work possesses both substantial merit and national importance to the United States. North America Immigration Law Group (NAILG) successfully argued that the client’s contributions to strengthening datacenter resilience are critical for supporting the nation’s AI, defense, and healthcare sectors.

Research Focus and National Importance

The client’s proposed endeavor focuses on designing scalable algorithms and intelligent software frameworks for datacenter reliability and power management. As the demand for artificial intelligence (AI) drives a surge in global energy consumption, the client’s research addresses the urgent need to improve the energy efficiency and operational stability of the data centers that power these technologies.

NAILG highlighted that this work aligns directly with U.S. federal priorities, including the “America’s AI Action Plan,” which emphasizes the need to secure critical digital infrastructure against failure and adversarial threats. By developing frameworks that optimize power usage and minimize reliance on backup energy, the client’s work supports the United States’ goals of maintaining technological leadership in Critical and Emerging Technologies such as AI and advanced supercomputing.

Demonstrating Influence Through Funding and Innovation

To demonstrate that the client is well-positioned to advance this endeavor, we presented a documented record of scholarly and technical success. The client has authored 1 first-authored peer-reviewed conference article, 1 first-authored book, and 1 first-authored technical report. While the volume of publications was modest, NAILG emphasized the high impact and practical application of the client’s work.

A key pillar of the case was the client’s receipt of funding from the National Science Foundation (NSF). We argued that this funding, which is reserved for research advancing the national health, prosperity, and welfare, serves as objective validation of the client’s significance to U.S. interests.

Furthermore, we demonstrated the broader utility of the client’s work through:

  • Commercialization: The client’s cloud simulator research led to the creation of a startup, verifying the market demand for these solutions.
  • Open-Source Contributions: The client’s open-source projects have garnered over 50,000 views, extending their influence beyond any single employer.
  • Industry Recognition: The client received unsolicited invitations to present their work to leading industry groups, such as a Site Reliability Engineering group, highlighting their international reputation.

The Result

By effectively framing the client’s credentials around the strategic importance of datacenter reliability and validating their influence through NSF funding and commercial adoption, we built a persuasive case. The petition was approved, affirming the national significance of the client’s work in securing the digital infrastructure of the United States.

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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

(2020.01 - 2024.12)
Category Approval or Refund® Approval or RefilingTM
Approved Sum Success Rate Approved Sum Success Rate
NIW 28,946 99.52% 3,030 98.31%
EB1A 4,322 91.76% 2,870 88.91%
EB1B 793 98.51% 236 90.77%
Total 34,061 98.44% 6,136 93.39%


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