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approved EB-2 (NIW) RFE Issued

Postdoctoral Researcher

Molecular Microbiology · 2026-01-15

Processing Time
188 days
Decision Date
2026-01-15
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 molecular microbiology, specifically defining the host and microbial factors that regulate gastrointestinal fungal colonization. The work focuses on developing and translating these findings into clinical approaches that limit pathogen expansion and prevent disseminated fungal infections in medically vulnerable patients.

Framework Evaluation

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

The research addresses the prevention of hospital fungal infections, which is a significant public health concern in the United States.

2 Well-positioned to Advance the Endeavor Met

The petitioner is well-positioned due to a Ph.D. foundation, NIH-backed research support, and a publication record showing independent uptake of their findings.

3 Balance of Factors Met

The record established a realistic mechanism of impact and objective proof of readiness, making a waiver of the job offer beneficial to the U.S.

Why This Petition Was Approved

The petition was approved based on the petitioner's Ph.D. in Molecular Microbiology and a record of 5 peer-reviewed journal articles with 203 citations. Evidence showed the work was supported by the National Institutes of Health (NIH) and demonstrated independent reliance by other researchers, satisfying the Dhanasar prongs.

Request for Evidence (RFE)

Successfully Addressed

The RFE required proof that the research was already being relied upon by others. The response used the client's 203 citations to show concrete examples of how other teams used the work as an input for their own investigations.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

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: 2026-01-15.

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At a Glance

Outcome approved
Processing 188 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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