Success Stories: Associate Research Scientist in the Field of Molecular Biology Secures Employer-Sponsored EB-1B Approval despite Receiving Unreasonable NOID


Client’s Testimonial:

“Thanks for your help and handling my case.”

On January 5th, 2018, we received another EB-1B (Outstanding Professors and Researchers) approval for an Associate Research Scientist in the Field of Molecular Biology (Approval Notice).

General Field: Molecular Biology

Position at the Time of Case Filing: Associate Research Scientist

Country of Origin: India

State of Residence at the Time of Filing: New Jersey

Approval Notice Date: January 5th, 2018

Processing Time: 99 Days (Premium Processing Requested)

Case Summary:

Exactly 99 days after North America Immigration Law Group ( filed an EB-1B (Outstanding Professors and Researchers) petition for an Indian associate research scientist, the USCIS approved it.

Qualifying for EB-1B:

To prove that our client qualified for this I-140 category, we had to prove that he was internationally recognized as being outstanding in his field, that he had at least 3 years of research experience, and that he had an offer of ongoing employment from an American employer. As our client was a researcher at a university, we also had to demonstrate that his position was tenured or tenure-track.

In preparing our client’s EB1B petition dossier, we chose to focus on the 70 citations gathered from his 12 published scientific articles as well as the 11 times he judged the work of his peers. We also emphasized that his research addresses some of the United States’ most pressing issues in understanding molecular mechanisms underlying cell cycle regulation, DNA repair, and carcinogenesis as well as monogenic obesity. We also included recommendation letters signed by other expert biologists, one of whom stated that our client “is one of the most talented researchers working in the field today.”

Responding to the NOID:

Although we presented a strong EB1B case to the USCIS, our client’s petition was issued a Notice of Intent to Deny (NOID)—the USCIS wanted more information regarding our client’s research achievements despite already being presented with comprehensive and detailed data. Not long after we received the NOID notice, we sprang into action and put together a solid response that highlighted the significance of our client’s work to the US and that his credentials were indeed legitimate. As we have successfully petitioned over 10,000 cases, we knew just how to respond to the NOID. Additionally, our strong record with this particular USICS adjudicator gave us unparalleled insight putting together a NOID response with a sufficient amount of evidence.

Roughly 2 weeks after the USCIS received the NOID response package, they approved our client’s EB1B petition. We congratulate him for coming this far in the green card process and we wish him the best as he continues to advance the important field of molecular biology.

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 more than 16,000 EB-1A, EB-1B, EB-2 NIW and O-1 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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