approved EB-2 (NIW) RFE Issued

Graduate Teaching And Research Assistant

Biology · Iran · 2023-03-03

Processing Time
247 days
Decision Date
2023-03-03
Location
Wisconsin
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 improve crop productivity through gene editing and bacterial inoculation to enhance plant stress tolerance, specifically against cold temperatures. This work aims to promote the application of biofertilizers in agricultural activities and provide insights into improving the growth of Asian rice.

Framework Evaluation

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

The endeavor addresses key food staples like Asian rice and rising health problems like antibiotic resistance, supported by USDA funding.

2 Well-positioned to Advance the Endeavor Met

The petitioner has 5 years of direct research experience, an M.S. degree, and a record of peer-reviewed publications and citations.

3 Waiver of Job Offer and Labor Certification Met

On balance, the petitioner's contributions to U.S. agriculture and health justify a waiver of the labor certification requirement.

Why This Petition Was Approved

The petition was approved based on the petitioner's M.S. degree, 3 peer-reviewed journal articles with 16 citations, and 5 years of research experience. The case was supported by 4 expert recommendation letters and evidence of funding from the U.S. Department of Agriculture (USDA).

Request for Evidence (RFE)

Successfully Addressed

The petitioner received an RFE that initially caused disappointment, but the legal team provided additional support and documentation to clarify the merits of the case. The response successfully addressed USCIS concerns regarding the Dhanasar prongs.

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
Reference Letters Dependent
Grants
Original Contributions
Government Alignment

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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: 2023-03-03.

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At a Glance

Outcome approved
Processing 247 days
RFE Issued
Criteria Met 3 / 3
Evidence Types 6

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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