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EB-1A and I-485 Approval in Just 3 Weeks In late July 2008 Dr. Wang contacted our firm inquiring about the possibility of applying for a National Interest Waiver. She had graduated with her Ph.D. in electrical engineering from a west coast university one year ago and had seven papers published. Co-Managing Attorney Jerry Zhang evaluated Dr. Wang’s CV to determine her potential NIW case’s strength. After reviewing Dr. Wang’s achievements and experience, Attorney Zhang suggested to Dr. Wang that she not only had a good case for a NIW, but that she might also consider applying under the EB-1A category for Persons of Extraordinary Ability. Having been cited by other scientists in her field over 200 times, Dr. Wang is inarguably an influential and exceptional scientist in her field. Despite having earned her Ph.D. degree just one year ago, Dr. Wang is widely recognized as an expert, as evidenced by her having already been asked to review dozens of technical papers for publication. Furthermore, she won Best Paper Award from the world’s leading technical professional association during her Ph.D. study. Our legal team worked diligently with Dr. Wang to obtain and revise strong letters from knowledgeable recommenders who had worked with Dr. Wang, as well as independent experts in her field, who could attest to the exceptionality and impact of her work. In order to further impress upon the reviewing officer how influential Dr. Wang’s work is to her field, our legal team also assisted her in compiling documentation of some of her awards, reviewing experience, leading organization memberships, and proof of how often her works were cited by other scientists. Zhang & Associate's attorneys, with the help of Dr. Wang, efficiently prepared all of the evidence that was crucial to her successful EB-1A petition and the I-485 that we helped her to file concurrently. Supported by strong evidence, Z&A attorney wrote a petition letter to USCIS proving that Dr. Wang is an alien of extraordinary ability because she has made several original contributions of major significance; has authored numerous reputed and widely-cited scholarly publications in leading journals; has served as a judge and reviewer of others’ work; has received awards for her outstanding contributions to her field; and that her continued work will benefit the nation. Although Dr. Wang received her Ph.D. rather recently, Z&A’s experienced legal team successfully demonstrated that Dr. Wang’s education, in addition to her publication, research work, and impact in a nationally critical field, qualified Dr. Wang as an Alien of Extraordinary Scientific Ability. On June 1, 2008, we filed her EB-1A and I-485 petitions to USCIS. On June 22, 2009, just 3 short weeks after the initial EB-1A and I-485 filing, and without a request for more evidence, both of Dr. Wang’s petitions were approved. This outcome was extremely fortunate and exceptionally fast. Our offices were extremely happy for Dr. Wang and her husband and were pleased to have helped them achieve a positive result so exceptionally quickly. However, to be honest, this exceptionally fast outcome is very rare. From our point of view, it may be due to a combination of Dr. Wang’s extraordinary achievements and the important role that luck plays in the process. In general, I-140 processing time varies from six months to one year. Also, USCIS officers have a lot of discretionary power in adjudicating cases. For example, he/she can issue an RFE, approval or denial notice at his/her discretion. In fact, some petitions with similar backgrounds that we have handled before got an RFE. Beginning June 29, 2009 the USCIS will extend the option of Premium Processing for I-140s in the EB-1(A), EB-1(B), EB-2 (except NIW), and EB-3 categories. While Dr. Wang received her approvals in a remarkably fast 3 weeks, those who elect to utilize Premium Processing are guaranteed a decision within just 15 days. However, it should be mentioned that premium processing service does not cover I-485 petitions. As evidenced by Dr. Wang’s expeditious result and the newly available Premium Processing option, there are multiple channels through which qualified individuals can obtain a positive and prompt decision from USCIS. In the face of significant visa backlog in other categories, such as EB-2 for Mainland China or India born applicants, and the opportunity costs that accompany lengthy wait times, we encourage those of you who may qualify for EB-1 and those who are interested in exploring possible options to expedite your processing time to contact us at info@hooyou.com for a free evaluation. ------ (07/01/2009) For more immigration news, please click here |
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