Ms.  Wang contacted our firm in February 2011, seeking help in applying for permanent residency under a National Interest Waiver (NIW). Ms. Wang knew that by applying for a National Interest Waiver as opposed to pursuing a different type of immigration petition, she could avoid certain challenging requirements, such as acquiring a permanent job offer or meeting strict labor certification requirements for an employment-based second preference immigration petition. However, in order to qualify for a National Interest Waiver, a petitioner must successfully demonstrate that waiving such requirements is in the "national interest of the United States."

Ms. Wang is an exceptional researcher in the field of Biostatistics. However, she does not have a Ph.D. degree as most NIW applicants do, and she does not yet have any first-authored articles. Ms. Wang does have 5 non-first author articles and 6 citations, however, and earned her Master’s degree in degree in Biostatistics from a prestigious university. She has also produced original scientific contributions of major significance.

Attorney Jerry Zhang evaluated Ms. Wang’s credentials to determine whether or not she met the threshold for possessing a degree of expertise significantly above that ordinarily encountered in her field of expertise, and whether she met the set NIW requirements. Specifically, in order to qualify for a NIW, a candidate must be able to persuasively demonstrate that he/she seeks employment in an area of substantial intrinsic merit to the U.S., that the benefit from the candidate's proposed activity will be national in scope, and that the requirement of a Labor Certification for the candidate would adversely affect the national interest. In order to qualify, Ms. Wang had to demonstrate that she satisfied these three criteria. By providing sufficient documentation to prove these qualifications, Ms. Wang could obtain a National Interest Waiver.

On paper Ms. Wang met the criteria for a National Interest Waiver, but our legal experts knew from experience that the reviewing USCIS officer could feel hesitant regarding Ms. Wang’s qualifications, given her lack of a PhD degree and first-authored publications. Ms. Wang retained our services in October 2011 so that our experienced team could assist her in proving that she is, in fact, qualified for a National Interest Waiver. The case was handled by a team that consisted of Attorney Jerry Zhang and Legal Assistant Shenchih Mai.

Over the next few months, we worked diligently with Ms. Wang to obtain and revise strong letters of recommendation from experts in her field. Through letters from leading researchers who had worked with Ms. Wang, and particularly through letters from independent experts who knew of her only through her outstanding contributions to the field, we set out to decisively prove the exceptional caliber and national necessity of Ms. Wang’s work. In order to further impress upon the reviewing officer Ms. Wang’s rare and vital skills and her impressive record of achievements, our legal team also assisted her in compiling documentation of her publications and citations of her work by other researchers.

Our experienced team, with the help of Ms. Wang, efficiently prepared the crucial evidence to successfully petition for a National Interest Waiver. Citing the strong evidence we had gathered, our Z&A attorney wrote a petition letter to USCIS, proving that Ms. Wang had specific prior achievements that justified projected future benefits; that she possesses unique and vital skills, knowledge and background that serve the national interest; that she will serve the national interest to a substantially greater degree than her similarly trained peers; and, that her continued participation in her field is necessary. Although Ms. Wang does not yet have a Ph.D., Z&A’s experienced legal team successfully demonstrated that Ms. Wang’s achievements and abilities qualified her for a National Interest Waiver.

In mid-June 2012, without a request for more evidence, Ms. Wang’s NIW case was approved. We were extremely happy for Ms. Wang and were pleased to have helped her avoid the labor certification and permanent job offer requirements associated with other regular employment based immigrant petitions. Ms. Wang was similarly overjoyed and we wish her the best of luck in her continued research endeavors.

Ms. Wang received her NIW approval at an especially great time. On June 11, 2012, the U.S. Department of State released the latest visa bulletin for July 2012.  It revealed that for the month of July 2012, the EB-2 cut-off dates for applicants from all countries and regions (except for China-mainland and India) will be retrogressed to January 1, 2009. Since Ms. Wang was not born in China-mainland, the retrogression would have affected her. However, now she can file an I-485 based on her approved I-140 before July 1, 2012. In doing so, she may receive her green card sooner rather than later.  

If you are interested in filing a NIW, but are not sure if you are qualified, please contact Attorney Jerry Zhang at info@hooyou.com. He will provide you with a free evaluation.

*In order to protect our client’s privacy, all identifying information has been changed.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past sixteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Silicon Valley • New York • Los Angeles • Chicago • Houston • Austin

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(06/22/2012)