In late January 2013, Dr. Patel contacted our firm, interested in applying for permanent residence under the NIW category. As the client was not born in either China Mainland or India, he was not subject to the visa retrogression in the EB-2 category that Chinese and Indian people face. In other words, a National Interest Waiver (NIW) would have been the smarter route since it is an easier standard compared to the EB-1A.
 
Dr. Patel graduated from a well-known university in the U.S. with a Ph.D. degree in economics in July 2012. He then worked at a university in the Midwest region as an assistant professor. However, he did not have a very strong publication record, compared to most NIW applicants. 

Attorney Jerry Zhang thought that the NIW was a little challenging as an option for him. However, his case had a good chance to be approved with the help of our experienced attorneys. Dr. Patel wanted to have a try. Only a couple days later, he retained us for an NIW petition. As we know, by applying for an NIW, Dr. Patel could avoid having to have a permanent job offer and the labor certification requirements for the employment-based second preference immigration petition, PERM. Of course, in order to qualify for an NIW, a petitioner must successfully demonstrate that waiving those requirements is in the "national interest of the United States." 

Attorney Jerry Zhang assigned the case to attorney Andrew McCusker. Attorney Andrew McCusker thoroughly evaluated Dr. Patel’s credentials to determine whether or not he met the threshold for possessing a degree of expertise significantly above that ordinarily encountered in his field of expertise, and whether he met the specific NIW requirements. Namely, in order to qualify, 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, Dr. Patel would have to demonstrate that he satisfied these three prerequisites: that his work is of substantial intrinsic merit, is national in scope, and that he can serve US interests to a substantially greater degree than an available U.S. worker with the same minimum qualifications. By providing sufficient documentation to prove these qualifications, Dr. Patel could obtain an NIW approval.

Though on paper Dr. Patel met the criteria for a National Interest Waiver, Attorney Andrew McCusker knew from experience that the reviewing USCIS officer may be hesitant with respect to Dr. Patel’s qualifications due to his small number of publications.

Over the next few months, we worked diligently with Dr. Patel to obtain and revise strong letters of recommendation from experts in his field. Through letters from both leading economists who had worked with Dr. Patel and those who knew of him only through his outstanding contributions to the field, we set out to decisively prove the exceptional caliber and national necessity of Dr. Patel‘s work. In order to further impress upon the reviewing officer Dr. Patel’s rare yet vital skills, his impressive record of achievements and his unique knowledge relevant to his current and future work, our legal team also assisted him in compiling documentation of some of his publications, reviews, etc.

Zhang & Associates, P.C.’s team, with the help of Dr. Patel, efficiently prepared all of the evidence crucial to successfully petitioning for a National Interest Waiver. Citing the strong evidence we had gathered, Attorney Andrew McCusker wrote a petition letter to USCIS, proving that Dr. Patel had specific prior achievements that justified projected future benefits; that he possesses unique and innovative skills, knowledge and background that serve the national interest; that he will serve the national interest to a substantially greater degree than his similarly trained peers; and, that his continued participation in his field is necessary. Although Dr. Patel does not have an extensive publication record, Attorney Andrew McCusker was able to successfully demonstrate that Dr. Patel’s achievements and abilities qualified him for a National Interest Waiver.

In late July 2013, over 3 months after the initial filing, we received a request for more evidence from USCIS. Attorney Andrew McCusker worked with Dr. Patel again to prepare for the RFE petition. In late September 2013, we submitted RFE documents to USCIS. Just half a month later, Dr. Patel’s NIW case was approved. We were extremely happy for Dr. Patel and were pleased to have helped him avoid the labor certification and permanent job offer requirements of other regular employment based immigrant petitions. Dr. Patel was similarly overjoyed, and moreover, his I-485 was approved in mid-December 2013. Dr. Patel was extremely satisfied with our service; with our help, he got green cards for himself as well as his family members within one year.

If you are interested in filing a NIW or EB-1 but 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 eighteen 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 • Seattle

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

 

(02/17/2014)