Success Stories: NIW Petition Approved Based on Matter of Dhanasar for Nanoscience Postdoctoral Fellow Living Outside the US


Client’s Testimonial:

“Thank you very much for working on my case. I greatly appreciate all your hard work; I have already recommended you to my friends and colleagues.”

On June 3rd, 2017, we received another EB-2 NIW (National Interest Waiver) approval for a Postdoctoral Fellow in the Field of Nanoscience (Approval Notice).

General Field: Nanoscience

Position at the Time of Case Filing: Postdoctoral Fellow

Country of Origin: Iran

Service Center: Texas Service Center (TSC)

State of Residence at the Time of Filing: Outside the US

Approval Notice Date: June 3rd, 2017

Processing Time: 3 months, 28 days

Case Summary:

An Iranian postdoctoral fellow approached North America Immigration Law Group (NAILG) for immigration assistance. She wanted to secure the national interest waiver from outside the US, and after confirming that we could build a strong EB-2 NIW (National Interest Waiver) case on her behalf, we agreed to represent her.

As our client’s case was approved in 2017, it was adjudicated based on the analytical framework known as Matter of Dhanasar. Essentially, the USCIS was on the lookout for the following:

  1. The foreign national’s proposed endeavor have both substantial merit and national importance;
  2. The foreign national is well positioned to advance the proposed endeavor;
  3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

By the time we were ready to file our client’s NIW petition, we had gathered an impressive amount of information pertaining to her work on the creation, study, and use of metal nanoparticles to treat wastewater and eliminate heavy metals from soil and water. We then used the information we collected and convinced the USCIS that our client’s research results have directly contributed to the development of more effective techniques to counter heavy metal contamination. Additionally, we proved that her efforts are contributing to the United States’ environmental safety and public health.

To back up our case, we listed supporting information such as our client’s doctoral degree, 19 peer-reviewed journal articles and 1 peer-reviewed conference paper. We also touched on her citation count at the time of filing: 126 citations. Furthermore, we included recommendation letters signed by other experts working in the field of nanoscience. Made up by dependent and independent researchers, these recommenders played an important role in securing NIW petition approval. As an example, this is what one of them noted in their letter to the USCIS: “Implementation of research by others is a sure indication of proficiency and prominence in a scientific field, and [Client] has received impressive accolades via implementation of her research in further projects. […] [Client’s] work stands as a benchmark for success throughout nanoscience and offers a wealth of information to other researchers.”

Overall, the USCIS spent less than the expected 4-9 months adjudicating our client’s NIW petition—in this case, they only spent 3 months and 28 days. We congratulate her for securing the national interest waiver, and we wish her the best as she undergoes immigrant visa processing (IVP) in her country of residence. To learn more about IVP, please visit

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) and EB1-B (Outstanding Researcher/Professor).

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With 12,000 EB-1A, EB-1B and EB-2 NIW approvals, 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.

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