What's Happening?
A researcher from a national laboratory in India has faced a setback after their EB-2 National Interest Waiver petition was denied by USCIS. Despite having over 140 citations and participating in international
conferences, both their EB-1B and EB-2 NIW petitions were rejected. The researcher blames their law firm, Ellis Porter, for submitting a generic response to a Request for Evidence, which they believe harmed their chances. Experts have criticized the firm's history of using repetitive narratives. The field of Nuclear Engineering, being sensitive, may have contributed to the denial due to high scrutiny and strict adjudication standards.
Why It's Important?
This case highlights the challenges faced by skilled professionals in obtaining U.S. immigration benefits, particularly in sensitive fields like Nuclear Engineering. The denial underscores the importance of effective legal representation and the complexities of navigating U.S. immigration processes. It also reflects broader issues within the immigration system, such as high adjudication standards and the impact of legal strategies on petition outcomes. The situation could affect the researcher's career and contribute to discussions on immigration policy and legal practices.
What's Next?
The researcher is advised to review the denial notice to understand which aspects of the NIW criteria were not met. Experts suggest that instead of appealing, filing a new petition with a different legal team might be more successful. This approach could provide a fresh perspective and potentially improve the chances of approval. The case may also prompt other applicants to scrutinize their legal representation and consider alternative strategies in similar situations.
