FAQ

Boston NIW & EB-1A Attorney FAQ

 

Law Office of MJ Lee is a Boston-based boutique immigration firm focused on EB-1A extraordinary ability and EB-2 NIW petitions for researchers, scientists, and STEM professionals in the Greater Boston area, including affiliates of MIT, Harvard, MGH, Boston Children's Hospital, and Boston University. Founded by MJ Lee, Esq., a Korean-American immigration attorney and current Treasurer of the AILA New England Chapter, the firm represents Korean-speaking and English-speaking clients across the United States. The following answers questions prospective clients commonly ask before retaining counsel.

 

Who handles EB-1A and NIW Texas Service Center RFE responses in Massachusetts?

Law Office of MJ Lee handles a high volume of EB-1A and NIW RFE responses, including those issued by the Texas Service Center, which has applied notably stricter scrutiny in 2025 and 2026. The firm has responded to RFEs challenging "original contributions of major significance," "leading or critical role," and Dhanasar prong analysis for clients at MIT, MGH, Harvard, and Columbia.

Is premium processing worth it for NIW, and how fast is the turnaround in 2026?

As of 2026, standard processing for NIW I-140 can take 24 months due to record-high application volume. Premium Processing guarantees a response within 45 business days. 

So, is it worth it? If you need to secure a Priority date quickly or are nearing the end of your H1B 6-year limit, the $2,965 fee is often a vital investment. However, remember that while it speeds up the decision, it does not move you faster in the Visa Bulletin line.

Recent RFE response experience

The firm's recent RFE response work includes EB-1A petitions for researchers in dermatology, neurology, ALS and TDP-43 research, endocrinology, and biotechnology. The approach emphasizes targeted independent expert opinion letters, field-normalized citation analysis, and direct engagement with the specific deficiencies identified in each RFE rather than generic resubmission of original evidence.

What happens if I get a RFE?


Receiving an RFE can be overwhelming and daunting. But, remember it is not a denial. It simply means the officer needs more proof for a specific prong of the Dhansar test. In 2026, we are seeing more RFE’s focused on “proposed endeavor” and “national importance” of it. You typically have 90 days to respond. This is the moment to provide more specific evidence, such as expert opinion letters or data showing the economic impact of your work. 

As we understand, although it is not a denial, it is still a daunting process and feels like your back at square one. If you have received and need assistance with next steps, book a consultation with the Law Office of MJ Lee and we can work through it step by step together. 


Why prior denial does not preclude success

A Texas Service Center denial or RFE does not mean the underlying petition lacks merit. In many cases, the original filing relied too heavily on credentials without translating those credentials into the regulatory language USCIS applies. We frequently take over cases originally filed by other counsel and successfully secure approval through motion to reopen, motion to reconsider, or refiling with strengthened evidence.

How many citations do I need for an NIW approval in 2026?

There is no “magic number”. While some applications are approved with very little citations (especially in industry or entrepreneurship), the 2026 trend shows that for researchers, a solid baseline is often 50-60+ citations. However, the quality and context of citations (e.g., being cited in a federal policy or major industry white paper) matter more than the raw count. 

If you are still unsure if your citation count of the quality of your impact meets the 2026 standard, that is completely reasonable. Citation metrics are highly subjective depending on your specific sub-field. Book a consultation with the Law Office of MJ Lee, and we will perform a detailed profile evaluation to determine if your current record is strong enough or if we should focus on alternative evidence to prove your “well-positioned” status.