approved EB-2 (NIW) RFE Issued

Visiting Researcher Scholar

Bioengineering · China · 2021-09-20

Processing Time
372 days
Decision Date
2021-09-20
Location
New York
This case is from a publicly available case study. Case studies tend to feature successful outcomes and may not reflect the full range of petition results.

Proposed Endeavor

The petitioner proposes to utilize novel bioengineering devices to improve surgical methods for treating degenerative spine diseases. His work involves creating a novel lumbar spinal injury model and applying advanced biomechanical and animal models to evaluate the pathomechanisms of low back pain to reduce health impacts.

Framework Evaluation

3 of 3 criteria met
1 Substantial Merit and National Importance Met

The research is relevant to reducing the economic burden and disability rates associated with spinal diseases in the U.S.

2 Well-positioned to Advance the Endeavor Met

The petitioner's extensive publication record, patent history, and peer review experience demonstrate his expertise and position in the field.

3 Waiver of Job Offer and Labor Certification Met

On balance, the petitioner's contributions to spinal disease diagnostics and treatment benefit the U.S. scientific and medical community.

Why This Petition Was Approved

The petition was approved based on the petitioner's 23 peer-reviewed articles, 63 citations, and 5 Chinese patents (2 invention, 3 utility). He also completed 31 peer reviews for elite journals and provided 5 expert recommendation letters. All three Dhanasar prongs were satisfied through evidence of his work's relevance to U.S. public health and economic productivity.

Request for Evidence (RFE)

Successfully Addressed

USCIS requested additional evidence to satisfy the Dhanasar prongs. The response included detailed credentials and expert testimonials to confirm the national importance and the petitioner's standing.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorWaiver of Job Offer and Labor Certification

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Patents
Reference Letters Independent
Grants
Judging Experience
Original Contributions

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Frequently Asked Questions

A approved EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2021-09-20.

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At a Glance

Outcome approved
Processing 372 days
RFE Issued
Criteria Met 3 / 3
Evidence Types 7

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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