A prominent researcher at a national laboratory in India is facing a major career setback. Their EB-2 National Interest Waiver petition was denied by USCIS, even after strong credentials and professional contributions.
Academic and Research Profile
The applicant has more than 140 citations. They have experience reviewing research papers and participating in leading international conferences. Despite these credentials, their EB-1B and EB-2 NIW petitions both failed.
Double Denial and USCIS Feedback
The EB-2 denial followed an earlier EB-1B rejection in early 2025. USCIS acknowledged the researcher as “promising” but not “outstanding”. This verdict has caused significant emotional and professional frustration.
Legal Representation Under Scrutiny
The applicant has blamed their law firm, Ellis Porter (EP), for the outcome. They claim EP submitted a generic RFE response that harmed the chances of approval. Experts have supported these claims and pointed out EP’s history of using repetitive narratives that often backfire.
Field and Petition Challenges
The field of Nuclear Engineering may have contributed to the difficulties. Sensitive research domains usually face more scrutiny. Experts believe high adjudication standards and strict USCIS review also played a role in the denial.
What Happens Next
The applicant must review the denial notice to check which of the three NIW prongs failed. Experts recommend not appealing this decision. Filing a fresh petition with a different legal team could be more effective.
