Representative Employment Based Immigration Results
EB1A, EB1B and NIW Approved Case Examples
Review anonymized examples involving researchers, professors, scientists, artists and advanced degree professionals whose petitions were approved by U.S. Citizenship and Immigration Services.
How Approved Immigration Cases Can Help You Evaluate Your Options
Approved case examples can illustrate how different forms of evidence may be presented in an EB1A, EB1B or EB2 National Interest Waiver petition. They can also show that successful petitions do not all look the same. Some applicants have extensive publication and citation records. Others rely more heavily on patents, implementation, professional leadership, judging, media coverage, artistic recognition or evidence that their work has been adopted by important organizations.
The examples below are anonymized to protect client confidentiality. They summarize selected facts and strategies, but they do not reproduce the complete petition record. USCIS decides each petition under the legal standard applicable to that classification and on the evidence submitted in that individual case.
Important: Prior results do not guarantee or predict a similar result in any future matter. A prior approval does not establish that another applicant will qualify, even when the applicant has a similar degree, occupation, publication record or citation count.
Browse Approved Cases by Immigration Category
Extraordinary Ability
EB1A Approved Case Examples
EB1A is a self petition classification for individuals who can establish extraordinary ability through sustained national or international acclaim and recognition in their field.
EB1A Approval
Academic Researcher in Cancer Research With Limited Citations
Profile
The applicant was an academic researcher whose work concerned cancer research. The researcher had made significant contributions but did not have the large citation count commonly associated with stronger academic EB1A cases.
Principal Challenge
Several attorneys had expressed concern about the limited citation record. The petition therefore could not depend on citation totals alone to demonstrate the significance of the researcher’s work or the researcher’s standing in the field.
Petition Strategy
The petition focused on the substance and significance of the research contributions, placed the citation evidence in the proper professional context, and organized the available documentation around the applicable EB1A criteria and final merits analysis.
Result
USCIS approved the EB1A petition. The result illustrates that citation numbers are relevant evidence in many research cases, but they are not the only way to document extraordinary ability.
EB1A Approval
International Multimedia Artist With an Unconventional Record
Profile
The applicant was an artist known for innovative multimedia installations and an international body of creative work.
Principal Challenge
The artist’s accomplishments did not fit neatly into the evidence patterns commonly seen in academic or scientific EB1A petitions. The petition needed to translate artistic recognition into the regulatory framework without reducing the case to academic style metrics.
Petition Strategy
The petition emphasized the artist’s exhibitions, media coverage, critical recognition and innovative work. The evidence was presented in a way that explained the significance of the venues, publications and professional recognition within the artistic field.
Result
USCIS approved the EB1A petition. The case demonstrates the importance of evaluating evidence according to the standards and recognition practices of the applicant’s actual field.
An EB1A petition may involve publications and citations, but qualifying evidence can also arise from original contributions, judging, awards, selective memberships, media coverage, critical roles, high compensation, commercial success and other evidence appropriate to the field.
Outstanding Professors and Researchers
EB1B Approved Case Examples
EB1B requires a qualifying U.S. employer and evidence that the professor or researcher is internationally recognized as outstanding in a specific academic field.
EB1B Approval
University Professor With International Research Collaborations
Profile
The beneficiary was a university professor with numerous publications and research collaborations involving scholars and institutions in multiple countries.
Principal Issue
The petition needed to do more than list publications and collaborations. It needed to explain how the complete record demonstrated international recognition as outstanding in the professor’s specific academic field.
Petition Strategy
The petition connected the publication record, international collaborations and academic influence to the EB1B evidentiary criteria and explained why the professor’s record reflected recognition beyond the professor’s immediate institution.
Result
USCIS approved the EB1B petition.
EB1B Approval
Biotechnology Researcher With Important Patents
Profile
The beneficiary was a biotechnology researcher whose record included patents involving important technical developments.
Principal Challenge
The researcher did not have extensive public recognition. Patent documents alone established that inventions existed, but the petition also needed to explain why the inventions and the researcher’s role were significant within the field.
Petition Strategy
The petition documented the patents, explained the researcher’s contributions to the patented work, and presented evidence concerning the importance and impact of those developments within biotechnology.
Result
USCIS approved the EB1B petition. The case illustrates why a patent should be supported by evidence explaining its significance rather than submitted without context.
EB2 National Interest Waiver
EB2 NIW Approved Case Examples
An NIW petitioner must first qualify for the underlying EB2 classification and then establish the requirements for waiving the job offer and labor certification requirements.
NIW Approval
Environmental Scientist Conducting Climate Related Research
Profile
The applicant was an environmental scientist whose work addressed climate related issues and their environmental consequences.
Principal Issue
The general importance of climate science was not enough by itself. The petition needed to identify the applicant’s specific proposed endeavor and connect that endeavor to broader national implications.
Petition Strategy
The petition defined the proposed endeavor, documented its substantial merit and national importance, and explained how the scientist’s education, research record and prior accomplishments showed that the applicant was well positioned to advance the work.
Result
USCIS approved the EB2 NIW petition.
NIW Approval
Public Health Expert Working on Infectious Disease
Profile
The applicant was a public health professional whose work concerned infectious disease and the protection of population health.
Principal Issue
Public health is broadly important, but an NIW petition must focus on the applicant’s proposed endeavor rather than merely state that the applicant works in an important profession.
Petition Strategy
The petition described the applicant’s specific work, documented the importance of the infectious disease endeavor, and presented the applicant’s contributions and professional record as evidence that the applicant was positioned to continue advancing that work in the United States.
Result
USCIS approved the EB2 NIW petition.
Additional Employment Based Approval Examples
The firm also represents employers and foreign nationals in labor certification, I-140 and adjustment of status matters.
PERM Approval for an IT Specialist
A startup sponsored an information technology specialist through the PERM process. The matter required careful recruitment compliance and documentation of the offered position. The Department of Labor certified the application.
PERM and I-140 Approval for a Mechanical Engineer
A manufacturing employer sponsored a mechanical engineer. The case required completion of the labor certification process followed by the employer’s immigrant petition. The labor certification and subsequent I-140 petition were approved.
Adjustment of Status Approval for a Research Analyst
A research analyst in H-1B status pursued adjustment of status based on an approved employment based immigrant petition. The firm prepared the adjustment filing and addressed USCIS requests during adjudication. USCIS approved the green card application.
Adjustment of Status Approval for an Academic Advisor
An academic advisor applied for permanent residence through adjustment of status. The application was prepared with the required supporting documentation, and USCIS approved the green card application.
What These Approved Cases Demonstrate
No Single Metric Determines Eligibility
There is no universal publication, citation, patent, salary or award threshold that guarantees approval. Evidence must be evaluated in context and tied to the applicable legal standard.
Context Matters
The significance of a publication record, patent, award, exhibition, leadership role or professional contribution depends on the applicant’s field, career stage and supporting documentation.
The Petition Must Explain the Evidence
Submitting documents without explaining what they prove can leave USCIS to draw its own conclusions. A persuasive petition connects each important fact to the relevant legal requirement.
How We Evaluate a Potential EB1A, EB1B or NIW Case
A meaningful evaluation requires more than comparing your citation count or job title to an approved case.
1
Review Your Background
Education, immigration status, employment, research, proposed work and career history.
2
Identify the Best Category
Compare the EB1A, EB1B, NIW and employer sponsored standards.
3
Map the Evidence
Determine what each document proves and identify evidentiary gaps.
4
Develop a Filing Strategy
Consider timing, parallel petitions, status, visa availability and case development.
Frequently Asked Questions About Approved EB1 and NIW Cases
Does a similar approved case mean that USCIS will approve my case?
No. USCIS evaluates each petition on its own evidence. Similar occupations or degrees do not mean that two applicants have the same eligibility, evidence or legal issues.
Can an EB1A case be approved with a limited citation record?
Possibly. There is no fixed citation minimum. Citation evidence is evaluated in context, and an applicant may rely on other qualifying evidence. The complete record must still establish extraordinary ability.
Does a patent automatically establish an original contribution or international recognition?
No. A patent can be useful evidence, but the petition should explain the applicant’s role, the significance of the patented development and its impact, adoption or recognition.
Can artists and nonresearchers qualify for EB1A?
Yes. EB1A is not limited to scientists or academics. It can apply to individuals in the sciences, arts, education, business or athletics who satisfy the extraordinary ability standard.
Can I file both EB1A and NIW petitions?
Yes. They are separate I-140 classifications with different legal standards. Some applicants pursue both, but the decision should account for the evidence, cost, timing and broader immigration strategy.
How long will my case take if a similar case was approved quickly?
A prior processing time does not predict a future timeline. Preparation time, premium processing, USCIS workload, requests for evidence, visa availability and adjustment or consular processing can all affect the overall timeline.
Can a law firm guarantee approval?
No. An attorney can evaluate a case, advise on risk, develop evidence and prepare legal arguments, but cannot guarantee how USCIS or another government agency will decide the matter.
What should I provide for an initial case evaluation?
Useful materials may include your CV or resume, degree information, publication and citation record, judging activity, patents, awards, media coverage, salary information, employment history and a description of your proposed work in the United States.
Find Out Whether EB1A, EB1B or NIW May Fit Your Background
Your case should be evaluated under the applicable legal standard, not by comparing one number or credential to someone else’s approval. Request an attorney review of your education, research, publications, citations, judging, patents, professional recognition, employment and proposed work.
Submitting a contact form or communicating with the firm does not by itself create an attorney-client relationship. Do not submit confidential or time sensitive information unless the firm has agreed to represent you.
The case summaries on this page are anonymized and abbreviated. They are provided for general informational purposes and are not legal advice. Prior results do not guarantee or predict a similar outcome. Every matter depends on its own facts, evidence, procedural history and applicable law.