Success Story: EB-2 NIW Approved for a Computational Material Science Staff Engineer Following an In-Depth RFE Defense

Posted by wegreened on May 14, 2026 in NIW, Materials Engineering (Textile Technology, Materials Science, Polymer Science)

Client’s Testimonial:

"Thanks very much! I really appreciate your diligence and careful scrutiny of my case.”

On March 13^th, 2026, we received another EB-2 NIW (National Interest Waiver) approval for a Staff Engineer in the Field of Computational Material Science (Approval Notice).

General Field: Computational Material Science

Position at the Time of Case Filing: Staff Engineer

Country of Origin: India

State of Residence at the Time of Filing: California

Approval Notice Date: March 13^th, 2026

Processing Time: 4 months, 25 days (Premium Processing Upgrade Requested)

Case Summary:

The petitioner, who holds a Ph.D. in chemical engineering, proposes an endeavor that involves integrating machine learning optimization to pioneer semiconductor manufacturing innovations, 3D chip design technologies, and advanced material science.

Because his innovations are so vital to maintaining national technological sovereignty, his ongoing research initiatives have been directly supported by funding from the National Science Foundation (NSF), a key U.S. federal agency supporting research and innovation in science and engineering.

Defending His Record of Success

USCIS issued an RFE on December 8th, 2025. The adjudicating officer argued that the petitioner was not "well positioned to advance the endeavor," arbitrarily focusing almost entirely on his total number of citations (60 at the time of filing) to claim he lacked a sufficient "record of success." Furthermore, USCIS dismissed his notable citations as mere "background material" and downplayed his advanced STEM degree.

North America Immigration Law Group (Chen Immigration Law Associates) immediately developed a rigorous rebuttal to correct these misinterpretations of the Dhanasar framework:

The "Totality of Circumstances" Argument: We reminded USCIS that the second prong is a multi-factorial assessment. Elevating "record of success" (specifically, absolute citation counts) above all other factors—such as his NSF funding, his specialized skills, his concrete plan for future activities, and the inherent national security value of his STEM degree—was contrary to the agency's own Policy Manual guidelines.
Contextualizing Citation Excellence: To dismantle the argument that 60 citations were insufficient, we utilized objective bibliometric data. We demonstrated that one of his 4 peer-reviewed journal articles actually ranked in the top 10% of most-cited articles in the field of Computer Science for 2020.

By forcefully and systematically addressing every concern in the RFE, we successfully demonstrated the petitioner’s undeniable value to the U.S. semiconductor industry. We congratulate our client on his well-deserved NIW approval.

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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%