This case study is based on actual matters handled by Song Law Firm. To protect client confidentiality, all identifying information — including names, nationality, affiliations, and specific dates — has been anonymized and generalized. The narrative consolidates common patterns from multiple cases so that no single matter is identifiable, and certain facts have been altered for confidentiality. Song Law Firm makes no guarantee or promise of any particular outcome. This document is not advertising that promises results. Visa and immigration outcomes vary substantially based on USCIS review, facts, evidence, and policy changes; past results do not guarantee future outcomes. For specific legal advice, please consult an attorney directly.
Client Profile
A Korean-American PhD researcher in their 30s who completed a doctoral program at a Tier 1 U.S. research university and continued research in the United States as a postdoctoral fellow or under H-1B status. The client completed an undergraduate degree at a four-year Korean university. Research fields fell within STEM areas important to U.S. national interest — such as AI/machine learning, semiconductor engineering, life sciences, and materials engineering. This pattern is consolidated from common profiles among STEM PhD researchers in NIW cases handled by Song Law Firm.
Background
The client group shared two common concerns. First, they wanted to bypass the PERM (Labor Certification) step that is typically required in the green card process. PERM involves prevailing wage determination, advertising/recruitment, and filings, often taking 6–12 months or more. Second, given that their research aligned with U.S. national interest, they preferred a self-petition approach rather than an employer-based filing. NIW is a second-preference category under EB-2, allowing professionals with a doctoral degree or its equivalent advanced degree to obtain a waiver of the PERM and employer-petition requirements upon demonstrating contribution to U.S. national interest.
Legal Framework
The statutory basis for NIW is INA § 203(b)(2)(B). The waiver standard is evaluated under the three prongs established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016):
① Substantial Merit and National Importance — the proposed endeavor must have substantial merit and national importance.
② Well-Positioned to Advance the Endeavor — the petitioner must be well-positioned to advance the endeavor.
③ Beneficial to Waive the Job Offer and Labor Certification — on balance, it must be beneficial to the United States to waive the job offer/labor certification requirement.
The applicable form is the I-140 (Immigrant Petition for Alien Worker), with 8 C.F.R. § 204.5(k) governing EB-2 procedures.
Song Law Firm Strategy
Song Law Firm structured the petition in four stages.
First, the Petition Letter was framed around the endeavor rather than the client’s credentials. The narrative center was placed on “what research/contribution endeavor aligns with U.S. national interest,” not the degree itself.
Second, we organized peer-reviewed publications and citation analysis as core evidence for prong 2. We tracked how the client’s papers were cited and further developed by subsequent researchers, strengthening the evidentiary record.
Third, we secured 4–6 independent expert opinion letters, including authorities in the same field with no direct collaboration relationship with the client, to ensure objectivity.
Fourth, the national importance argument was reinforced with credible sources such as U.S. federal government publications, research grant data, and industry reports.
Process and Timeline
After retainer engagement, evidence organization proceeded over several months, and the I-140 (EB-2/NIW) petition was filed with USCIS. Following the introduction of Premium Processing for NIW, a decision could be issued within approximately 45 business days; regular processing times have varied with policy.
Outcome
The client’s I-140 NIW petition received an Approval Notice (Form I-797) from USCIS. Where the priority date was current, the case proceeded to I-485 Adjustment of Status, or to Consular Processing for clients residing outside the United States.
Key Takeaways
A doctoral degree alone does not automatically guarantee NIW approval. The key is to systematically map facts and evidence to each Dhanasar prong, particularly the “national importance” element of prong 1 and the balance of equities under prong 3. Clearly defining the endeavor and building an objective evidence record largely determines the outcome.
Consultation — Four Channels
📞 (201) 461-0031
✉ office@songlawfirm.com
🌐 songlawfirm.com/consultation/
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⚠ Notice
This case study is based on actual matters handled by Song Law Firm. To protect client confidentiality, all identifying information — including names, nationality, affiliations, and specific dates — has been anonymized and generalized. The narrative consolidates common patterns from multiple cases so that no single matter is identifiable, and certain facts have been altered for confidentiality.
Song Law Firm makes no guarantee or promise of any particular outcome, and this document is not advertising that promises results. Visa and immigration outcomes vary substantially based on USCIS review, facts, evidence, and policy changes; past results do not guarantee future outcomes. For specific immigration legal advice, please consult an attorney directly.
