Success Stories: The Rules of Cross Chargeability Apply to a Chinese Postdoctoral Researcher in the Field of Nutrition with an Approved EB-2 NIW Petition


Client’s Testimonial:

“Thank you again for your hard work and patience.”

On May 6th, 2016, we received another EB-2 NIW (National Interest Waiver) approval for a Postdoctoral Researcher in the Field of Nutrition (Approval Notice).


General Field: Nutrition

Position at the Time of Case Filing: Postdoctoral Researcher

Country of Origin: China

Service Center: Texas Service Center (TSC)

State of Residence at the Time of Filing: North Carolina

Approval Notice Date: May 6th, 2016

Processing Time: 6 months, 15 days

Case Summary:

6.5 months after North America Immigration Law Group ( filed an EB-2 NIW (National Interest Waiver) petition on behalf of a postdoctoral researcher from China, the USCIS approved her case. A little over a month after we received the approval notice, we filed I-485 applications for our client and her husband. This is the final step in the green card process and once approved, they will become American permanent residents.

What do the rules of cross-chargeability entail?

Although our client was born in China and has an approved EB-2 NIW petition, she was able to adjust her status for permanent residence without waiting several years for her priority date to become current. Other petitioners born in China with EB-2 NIW petitions that were approved around the same time have to wait several years for their priority dates to become current before they can embark on the last step of the green card process. The reason why our client skipped this step is because the rules of cross-chargeability applied to her. In a nutshell, she was able to file I-485 applications for herself and her spouse based on his current priority date. She was essentially charged to the numerical limitation set for her spouse’s country of birth: Taiwan. For more information on the rules of cross-chargeability, please refer to

Building a strong case:

With a Ph.D. in Nutrition and extensive experience working in the same field, our client has amassed a wealth of knowledge that allows her to continuously attain successful research results that benefit the United States. Thanks to the comprehensive research summary that she provided us, we were able to conclude that her work on weight loss and inflammation contribute to an enhanced understanding of how the popular CLA supplement affects the human body. Additionally, her research efforts are contributing to the United States’ public health and economy in the form of savings from fewer cases of obesity. Furthermore, we noted our client’s 79 citations collected from her 8 published scientific articles. Based on all the information that we had gathered, we were able to prove to the USCIS that our client is an asset to the nation and that only a small handful of similarly qualified nutritionists can obtain such relevant research results. According to one of our client’s supporters (she rallied six in total and convinced them to sign recommendation letters), her “…contributions to nutrition and public health are unmatched and have had immeasurable impact on combatting obesity in the United States by way of developing our understanding of commonly-used dietary supplements.”

We congratulate our client for overcoming this significant hurdle in the complex green card process, and we join her as she awaits a positive outcome regarding her and her husband’s I-485 applications.

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 10,000 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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With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

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