Having graduated from the MBA program offered by one of Asia’s most influential universities, Mr. Kim, the CEO of a semi-conductor company, is an acclaimed businessman and entrepreneur who has received top awards and media attention.

In July 2013, he contacted us for a free evaluation of the feasibility of his filing a NIW application. Our Attorney John Lee carefully reviewed his background and thought that he was qualified for a NIW application. Since Mr. Kim prefers to communicate in Korea, Attorney John Lee wrote emails in Korea and also called him to discuss his application.

In early August 2013, Mr. Kim retained us for his NIW application. Attorney John Lee was the in-charge attorney of his petition.

As is well known, in order to qualify for 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 other words, to get his NIW approved, Mr. Kim 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.

Though on paper Mr. Kim met the criteria for a National Interest Waiver, Attorney John Lee knew from experience that the reviewing USCIS officer may be hesitant with respect to Mr. Kim’s qualifications due to the fact that Mr. Kim did not publish any papers and the only career he pursued was business management.

Over the next few months, we worked diligently with Mr. Kim to obtain and revise strong letters of recommendation from experts in his field. Through letters from both leading businessmen who had worked with Mr. Kim and those who knew of him only through his outstanding contributions to the field, we set out to decisively prove the exceptional calibre and national necessity of Mr. Kim‘s work. In order to further impress upon the reviewing officer Mr. Kim’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 awards, media appearances, etc.

Zhang & Associates, P.C.’s team, with the help of Mr. Kim, efficiently prepared all of the evidence crucial to successfully petitioning for a NIW visa. Citing the strong evidence we had gathered, Attorney John Lee wrote a petition letter to USCIS proving that Mr. Kim had specific prior achievements that justified projected future benefits; that he possesses unique management skills and 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 Mr. Kim works in Korea, Attorney John Lee was able to successfully demonstrate that Mr. Kim’s achievements and abilities qualified him for a NIW petition.

In Mid-October 2013, we submitted Mr. Kim’s NIW petition to the USCIS. In late January 2014, we received a request for evidence (RFE) from USCIS, questioning Mr. Kim’s qualifications for NIW. To prepare for the RFE response, Attorney John Lee did a lot of research on the internet about Mr. Kim’s achievements.

Although Attorney Lee did not find any article mentioning Mr. Kim’s name directly, he finally found an article about an electricity generation plant that Mr. Kim’s company built in Korea which became a major power source for one of the regions in Korea.

Attorney Lee claimed that Mr. Kim performed a major role within the company to build this plant and develop a relevant technology, and provided the letters and confirmation from that company as evidence.

In addition, Attorney Lee also argued that an entrepreneur like Mr. Kim has an ability to bring the resources and funds of the corporations in other countries to the U.S., which will significantly contribute to the U.S. economy and commerce.

In April 2014, we submitted the RFE response to the USCIS. Only half a month later, Mr. Kim’s NIW was approved. We were glad to know that Mr. Kim’s NIW case was approved. 

We wish Mr. Kim the best of luck in his future life in the U.S.

If you are interested in filing an NIW or EB-1 petition but are not sure if you are qualified, please contact us at info@hooyou.com (or john.lee@hooyou.com for services in Korean) and our experienced attorneys will provide you with a free evaluation.


*In order to protect our client’s privacy, all identification of Mr. Kim’s information relating to this case 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

 

(07/03/2014)