Success Story: Public Health Researcher Secures NIW Approval Without RFE Through a Strategic Filing Approach for Child Status Protection Act (CSPA) Benefits
Client’s Testimonial:
"Thank you very much for your kind message and for your excellent support throughout my I-140 NIW process. I truly appreciate your professionalism and guidance.”
On March 27th, 2026, we received another EB-2 NIW (National Interest Waiver) approval for an Associate Professor in the Field of Public Health (Approval Notice).
General Field: Public Health
Position at the Time of Case Filing: Associate Professor
Country of Origin: Bangladesh
Country of Residence at the Time of Filing: Japan
Approval Notice Date: March 27th, 2026
Processing Time: 15 months, 18 days
Case Summary:
Our client recently secured approval of an I-140 National Interest Waiver petition without receiving any Request for Evidence. This approval is based on a proposed endeavor centered on public health research, disease prevention, and global health improvement. The client is an advanced-degree professional whose work addresses pressing health risks through evidence-based research protocols designed to identify disease causes and contributing factors, strengthen preventative and control strategies, and improve healthcare delivery in underserved and high-risk settings.
A distinguishing aspect of this case was its filing strategy, which was focused on protecting the client’s child under the Child Status Protection Act (CSPA) due to urgent timing concerns. Because the child’s age-out risk made timing especially important, the filing approach was shaped not only by the strength of the NIW case itself, but also by the need to maximize the possibility of CSPA protection. Under the CSPA framework, a child’s age at the time an immigrant visa becomes available can be reduced by the length of time the I-140 petition remains pending. In practical terms, this meant that filing the petition as early as possible and allowing it to remain pending for as long as possible could improve the likelihood that the child’s CSPA-adjusted age would remain under 21.
To support that timing objective, the case was prepared using a simplified I-140 filing strategy. Instead of waiting to assemble a more extensive petition package, the filing was intentionally streamlined to satisfy the minimum requirements needed for submission. The expectation was that USCIS might issue a Request for Evidence, which would create an additional period for response. Notably, despite this streamlined approach, the petition was approved without any RFE, allowing the client to secure NIW approval while still pursuing a strategy aimed at maximizing the child’s chance of protection under CSPA.
This case highlights the importance of a tailored legal strategy in timing-sensitive immigration matters. With our support, the client secured an I-140 NIW approval after over 15 months. We are proud to have assisted the client and the client’s family through this high-stakes process.