How common are approved EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the Microbiology industry affect EB-2 NIW petition outcomes?

The Microbiology sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

approved EB-2 (NIW) RFE Issued

Research Assistant (Ph.D. Candidate)

Microbiology · Egypt · 2025-07-17

Processing Time

395 days

Decision Date

2025-07-17

Location

Massachusetts

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 continue research in microbiology focused on discovering antimicrobial agents and elucidating their mechanisms to combat multidrug-resistant bacteria. The work involves developing phage therapies, nanoparticle-drug hybrids, and innovative antimicrobial delivery systems to replace or augment conventional antibiotics. This endeavor aims to address the global healthcare emergency of antibiotic resistance and improve drug treatment efficacy.

Framework Evaluation

3 of 3 criteria met

1 Substantial Merit and National Importance Met

The research addresses a global healthcare emergency regarding antibiotic resistance, which is a significant public health burden in the U.S.

2 Well-positioned to Advance the Endeavor Met

The petitioner's extensive publication record, high citation count, and funding from major organizations like STDF and BBSRC demonstrate they are well-positioned.

3 Waiver Benefit Met

On balance, it was found to be in the national interest to waive the job offer and labor certification requirements due to the critical nature of the research.

Why This Petition Was Approved

The petition was approved based on the petitioner's authorship of 35 peer-reviewed journal articles and one book chapter, which garnered 533 citations. The case demonstrated that 26 of these publications were among the most highly cited in the field, and the petitioner had performed 11 peer reviews for scholarly journals. The evidence satisfied all three prongs of the Dhanasar framework, highlighting the national importance of addressing multidrug-resistant infections.

Request for Evidence (RFE)

Successfully Addressed

An RFE was issued during the 13-month processing period; the legal team provided additional documentation to satisfy USCIS concerns, leading to a successful approval.

Evidence

Evidence Types

Peer Reviewed Publications

Citations

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: 2025-07-17.

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At a Glance

Outcome approved

Processing 395 days

RFE Issued

Criteria Met 3 / 3

Evidence Types 6

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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