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New NIW Successful Stories (6) Ms. Qiu Ms. Qiu was still a Ph.D. candidate in Molecular and Human Genetics when she filed his NIW petition. In her lab, she played an important role in the characterization of these mutants and in providing a foundation for the genetic analysis of early endosperm development in plants. Ms. Qiu retained our firm for her NIW petition. Our attorney helped her to navigate through the complex preparation before submitting the petition. During this process, we found that she only had a few publications. To increase her success chance, we submitted 8 strong recommendation letters, writing by leading researchers in her field. We also emphasized Ms. Qiu’s current research would have significant implications for the development of clinical interventions in the field of genetic research. We further stressed her ground-breaking research and suggested that it provided new methods and tools to further the advanced study in her area. We strongly demonstrated to the immigration officer that Ms. Qiu’s work would have fundamental impact on her field. Due to our diligence, Ms. Qiu’s NIW petition was approved by the end of 2003. Mr. Cage Mr. Cage obtained two M.S. degrees in Biochemistry and Computer Science from a top American research university to complement his earlier B.S. Degree in Chemical Engineering from a prestigious university in India. His research efforts include protein crystallization and related software development. Mr. Cage retained Zhang & Associates, P.C. for his NIW petition. Our attorneys noticed that Mr. Cage was an outstanding researcher in his field but he had only 4 publications. As a result, our legal team decided to highlight the impact or influence of his research. We stated in the petition he developed a new set of methods to improve the macromolecular structure determination, emphasizing the needs of structural genomics and testing both theoretical basis and efficacy. We stressed his unique skills and trainings in the combined fields of biochemistry and computer science. We only submitted 5 letters of support on his behalf. But all the letters consistently praised Mr. Cage’s significant impact on the related fields. We especially brought to the immigration officer’s attention the praises from a leading scientist, who stated “programs written by Mr. Cage are widely used in the best bio-medical research laboratories… and a potential to be used in new software developments that may revolutionize the field of protein crystallography…” With our successful strategy, Mr. Cage’s NIW petition was processed so smoothly. We submitted his petition on July 5, 2005, and it was approved on November 28, 2005. Dr. Wang Dr. Wang obtained his Ph.D. Material Engineering from a top research university in the South. He is currently working for a world's leading manufacturer of semiconductor chips as a R&D engineer. Dr. Wang retained Zhang & Associates, P.C. for his NIW petition. Our elite legal team demonstrated to the immigration officer that his research in his fields would greatly overcome fundamental scaling limitations to current gate oxide technology. We also argued that his academic achievements, including 16 peer-reviewed scientific articles published in prestigious journals and presented at major scientific conference, and 5 patents filed during the last three years. We also stressed his impact on his field by pointing out that his research work was cited in at lease 33 times by scholars across the world. We submitted Dr. Wang’s petition on August 12, 2005. After reading our convincing arguments, the immigration officer approved Dr. Wang’s petition on November 7, 2005, within 3 months. Dr. Clive Dr. Clive was a leading researcher/physician in biomedical and neuroscience research. He had the unparalleled academic record and enjoyed an international reputation in the academic community. To his surprise, he received the Request for Evidence (RFE) FOR his NIW petition from the immigration officer in April, 2005. He came to our firm for professional assistance. Our experienced attorneys fully understood that in order to meet the national interest threshold, a petitioner must establish that: Our experienced attorneys carefully examined the RFE letter. It showed that the immigration officers were not persuaded that the benefit of Dr. Clive’s work would be national in scope and that the national interest of the US would be adversely affected if labor certification were required for this particular beneficiary. The letter also cited the experts who wrote Dr. Clive’s support letters against himself, such as “Dr. Clive is still in the early stages of his career…” and “Dr. Clive is in the upper 5% of young scientists.” It seemed to us that the immigration officer believed that Dr. Clive was just a young scientist who has not established his own research territory to have significant impact on the whole research field of his own. Our experienced attorneys knew well that publication alone may serve as evidence of originality, but it is difficult to conclude that a published article is important or influential if there is litter evidence that other researchers have relied upon the petitioner’s findings. Therefore, we designed a tailored response to RFE for Dr. Clive. The first issue to tackle was to prove that Dr. Clive’s research will have the proposed benefit in national scope. We emphasized that his research involved biomedical and neuroscience research, especially in the discovery of new drug targets for neurodegenerative diseases, including Alzheimer's disease and Huntington's disease. We informed the immigration officer that 4 million American people were suffering from Alzheimer’s disease and more than 30,000 people had Huntington's disease with another 150,000 other Americans having a 50 percent risk of later developing Huntington's disease. We argued that if a research leading to discovery of new drug relieving millions of patients of their sufferings cannot be characterized as “national in scope”, then there would be no such thing as national scope. To prove Dr. Clive has met the third prong of NIW, we had to establish that he had significant impact on his field. We cited a lot of praises from the letters of support written by leading scientists in his field, which referred to him as “"pioneer" or "most advanced". We also added three more independent advisory opinions to substantiate the assertion that Dr. Clive had a great impact in his research field. Our impressive presentation and documentation finally convinced the immigration officer. We submitted the response to RFE on June 30, 2005 and Dr. Clive’s petition was approved in November. Dr. Gao Dr. Gao obtained his Ph.D. in Electronic Engineering in the summer of 2005. He is currently working for a R& D company as a research scientist. His primary research focused on wireless communications. Dr. Gao retained Zhang & Associates, P.C. for his NIW petition. Our legal team carefully organized his petition materials. In his petition preparation, our attorneys noticed that he only had 5 peer-reviewed articles published in journals or presented at major scientific conferences. To overcome this weakness, we highlighted his active academic activities, such conference participation, serving judges reviewing other peers’ papers, and various awards for his research achievements. We also submitted for him 8 recommendation letters support him as a leading research having a significant impact on his field. We also demonstrated to the immigration officer his great contributions to the understanding of power consumption for wireless handsets. We also stressed that he created a new scheme to save on power consumption, thus enabling for more communication ability with the same power consumption as before. Mr. Gao was very satisfied with our premium legal service because his petition was approved very quickly. His petition was submitted on May 9, 2005 and approved within a few months. Dr. Qiao Dr. Qiao came to US to pursue his Doctoral degree in Chemistry in 2000. By the time his NIW petition was submitted, he was a still a young Ph.D. candidate, expecting his degree in months. Dr. Qiao retained Zhang & Associates, P.C. for his NIW petition. In preparing for his case, our legal team noticed his unique strengths: he had extensive experience and skills in multidisciplinary methodology in Organic Chemistry, Electrochemistry, Photochemistry and Porphyrin Chemistry. As young as he was, he had made unprecedented discoveries in his field. Based on his situation, we decided to emphasize his research achievements in a short period of time. We argued that he has published 10 articles on top journals in his field and his work has been widely cited. We also submitted 3 out 7 support letters, written by leading scientists who have never met Dr. Qiao personally but knew him through his publications or presentations at conferences. All those scientists gave Dr. Qiao their highest regards for his achievements. Due to our thorough documentation and persuasive presentation, Dr. Qiao’s NIW petition was submitted May 13, 2005 and approved within a few moths. Dr. Zheng Dr. Zheng obtained her Ph.D. degree in Biochemical Pharmaceutics from a prestigious Chinese research institute. She had been conducting advanced research years before she was recruited as a researcher at top U.S. research institution, leading several projects supported by grants from the National Institutes of Health (NIH), American Heart Association (AHA). Dr. Zheng retained our firm for her NIW petition. Our attorney helped her to navigate through the complex preparation before submitting the petition. During the process, we found that she could obtain 5 strong support letters from researchers whose projects had also been funded by NIH or AHA. Although Dr. Zheng had only 4 or 5 publications, we emphasized that Dr. Zheng’s current research focused on the structure and function of Gaba and Glycine receptors, which would have great contributions to the national interest. We submitted Dr. Zheng’s NIW petition July 9, 2005. About 3 months later, her petition was approved. Dr. Gao Dr. Gao received her Ph.D. in Immunology from a prestigious research university in Singapore. At present, she was conducting postdoctoral research in a leading research university in US. Dr. Gao retained Zhang & Associates, P.C. for her NIW petition. Our elite legal team emphasized to the immigration officer how significant her research field could impact the immunobiology community. Despite the fact that Dr. Gao had only 5-6 publications, we emphasized that her ground breaking discoveries resulted in 4 high-qualify papers in prestigious peer-reviewed international biomedical journals. To highlight Dr. Gao’s significant impact on her field, we provided to the immigration officer 4 independent advisory opinions out of his 8 support letters, all written by leading scientists who have not worked with Dr. Gao and do not know her personally but rather through her publications and presentations at scientific conferences. We also stressed that her research led to the generation of novel therapy for graft versus host diseases. We argued these outstanding findings served as strong evidence of her extraordinary ability, and clearly demonstrated that Dr. Gao had risen to the top of her field. With our convincing arguments and well-organized documentation, Dr. Gao’s petition was submitted on September 2, 2005 and approved on October 7, 2005. Dr. Gavin Dr. Gavin obtained his Ph.D. in Oncology from a prestigious Russian medical school. Prior to coming to the U.S., Dr. Gavin was already an outstanding scientist in radiation oncology with years of extraordinary experience. His research focused molecular biology research with exceptional contributions in cancer research, stem cells research, and brain research. Dr. Gavin retained Zhang & Associates, P.C. for his NIW petition. In order to emphasize his academic achievements, we stressed that he was a key member of a leading research lab studying the molecular and cellular mechanism of neurodegenerative diseases, with particular emphasis on Alzheimer's disease, an important project funded by National Institutes of Health. Although he has published less than 5 articles on academic journal, we emphasized his numerous paper presentations at major scientific conferences and serving as judges to review other peers’ papers. Furthermore we raised the seriousness of the health problem we were confronting: Millions of American people are suffering from Alzheimer's disease and brain cancer, and Dr. Gavin’s research would contribute to finding a cure. With our effective presentation and premium legal service, Dr. Gavin’s petition was submitted on May 3, 2005 and approved on September 8, 2005. Dr. Bi Dr. Bi obtained her Ph.D. in biochemistry from a prestigious research university. Her research concerns system biology. Dr. Bi received Request for Evidence (RFE) letter from the immigration officer in May, 2005. She came to Zhang & Associates, P.C. for professional assistance. Our legal team drafted the response carefully and prepared for the documentation thoroughly. In our response, we argued that her cutting-edge research and developments were instrumental and highly valuable to the system biology research field. We also highlighted her revolutionary invention of a method. We cited a research paper written by a leading scientist in her field, specifically crediting Dr. Bi as a principal inventor of the novel method and also noted that she offered some unique advantages over other electrically enhanced separation methods. Although Dr. Bi had only 9 articles published on journal or presented at conferences, we added 4 additional independent advisory opinions to show how her research had been widely applied and how significant impact she had made on her field. Further, we also creatively submitted all the relevant invoices from a technology company selling products applying Dr. Bi’s research. We helped Dr. Bi to submit her NIW response on July 23, 2005, and her petition was approved on October 13, 2005. Dr. Yu In our years of professional services for NIW petitioners, we have noticed that many petitioners received the RFE from immigration officers mainly because they failed to persuasively establish they meet the third prong and the RFE usually request specific documentation. However, Dr. Yu received a 7 page "boilerplate" RFE in which the immigration officer simply question most every requirement for NIW. Our elite legal team reevaluated Dr. Yu’s petition package and concluded that the original package should be sufficient to meet all prongs for NIW. Given the fact the immigration officer failed to provide specific RFE, we decided to make legal arguments and presented more documentation to win this RFE battle. First, we relied on USCIS’s own policy guidance to challenge the format of the RFE. We argued that the 7 page "boilerplate" RFE was against USCIS’s own policy, which prohibits its own officers from sending “broad-brush” RFEs. In order to emphasize that Dr. Yu has a significant impact on the pharmaceutical industry, we listed all relevant commends from letters written by independent experts. For example, we quoted one expert’s testimonial referring Dr. Yu’s research as “different perspective” and “quite a significant advancement”. We also submitted 4 additional independent advisory opinions to prove that Dr. Yu’s work would benefit the national interest and have significant impact on his field. We also emphasized that Dr. Yu’s work had been cited in more 65 articles written by scientists in his field from many countries. Finally, we argued Dr. Yu will contribute to the national interest to a substantially greater degree than another with minimum qualifications to work in his field. We asserted that it would be a detriment to the national interest if Dr. Yu’s exceptional talent were lost to the U.S. due to his having denied a labor certification if another with mere minimum qualifications were to be found in the course of a labor certification process. We submitted Dr. Yu’s response on June 10, 2005 and the immigration officer approved his petition on October 12, 2005. Dr. Jason Dr. Jason obtained his MS degree in Anatomy from a prestigious research institution. He is conducting basic or applied research on complex scientific problems involving the development of new theories or methodologies as an associate professor. Dr. Jason retained Zhang & Associates, P.C. for his NIW petition. Our attorneys carefully analyze his academic achievements and designed a successful petition package for him. In our petition, we explained to the immigration officer that Dr. Jason was a pioneer in his research in gene therapy on neurodegenerative diseases. To further impress the immigration officer with his leading research in his field, we submitted strong letters of support, written from scientists who have not worked with Dr. Jason and do not know him personally but rather through his publications and presentations at scientific conferences. We submitted Dr. Jason petition on August 18, 2005 and less than two months later, on October 14, 2005, the immigration officer approved his petition. Dr. Hang Dr. Hang obtained his Ph.D. in Analytical Chemistry from a prestigious institution in U.S. He is currently working as scientist for a private research company. Dr. Hang retained Zhang & Associates, P.C. for his NIW petition. In preparation for his petition, our legal team noticed the technical difficulty in obtaining approval in that Dr. Yang had relatively less number of publications than our average NIW clients. To overcome this weakness, our attorneys explained to the immigration officer that Dr. Hang’s research concerned application of liquid chromatography/mass spectrometry (LC/MS) to qualitative characterization of both known and unknown marine toxins and their congeners and quantitative determination of their concentration in the affected environment and species. We further argued that Dr. Hang had profound knowledge and expertise in his fields and his research would greatly advance our nation's efforts to safeguard the marine environment and improve human health and nutrition. We emphasized the projects he involved were funded by FDA. As to his letters of support, we decided to submit 5 letters, including one independent advisory opinion and 4 written by the leading researcher or administrative official from FDA or national marine research institutions. Our unique strategy in his case turned out to be successful. Dr. Hang’s petition was submitted August 10, 2005 and was approved on October 17, 2005. Dr. Zheng Dr. Zheng obtained her Ph.D. in Pharmaceutical Sciences from a top research university in Japan. Before she came to US, she already established her reputation by her original research paper, which has been cited by scientists in her field in more than 10 articles. Later, she joined several leading research institutions in US to continue her advanced research in hereditary diseases, cancer, and DNA damage repair. Dr. Zheng retained Zhang & Associates, P.C. for her NIW petition. Our attorneys noticed that Dr. Zheng’s research in DNA related research was cutting-edge, and one of her projects involved understanding the mechanisms of breast cancer. In order to highlight the significance of her research work, we emphasized to the immigration officer that Dr. Zheng was working on several NIH funded projects to study the mechanism of DNA replication and repair. Moreover, we submitted for her petition 8 strong letters of support from to vouch for her contribution to the genetic research. It is noted that 2 letters were from scientists working at NIH, who appraised Dr. Zheng for her impact on her field. We submitted Dr. Zheng’s NIW petition July 28, 2005 and the immigration officer approved her petition on October 17, 2005. Dr. Lim Dr. Lim obtained her Ph.D. in Pharmacology from a top research institution in U.S. Two months after she obtained her Ph.D., she retained Zhang & Associates, P.C. for her NIW petition. Our legal team carefully examined her academic backgrounds, achievements, and research fields; we came to a conclusion that Dr. Lim’s research was nothing short of remarkable. Her research areas covered toxicology and circadian biology. Among her research projects, one was funded by US Air force, regarding the effects of jet fuel on human. She also involved in research on another contaminant, dioxin, on the circadian clock in mammals. In preparing for her petition, we emphasized that she had published more than 10 articles and two were submitted for publication within her graduate study. We submitted 8 strong letters of support to show that Dr. Lim had a significant impact on her research field and her research fruits would tremendously benefit the American health care system. We also highlighted two letters from former officials from NIH and American Heart Association. With our premium legal assistance, Dr. Lim had her petition filed on July 19, 2005 and received her approval around October 18, 2005. Dr. Niu Dr. Niu obtained her Ph.D. in biochemical engineering from a prestigious research institution in Canada. Now she is Assistant Vice President at a pharmaceutical company. Dr. Niu retained Zhang & Associates, P.C. for her NIW petition. Our legal team carefully examined her academic backgrounds, achievements, and research fields. In her petition, we emphasized that her research focused on bacterial fermentation and process monitoring and control; and we also stressed her development of novel mathematical models and process techniques to scale up a fermentation process and a drying process for biological products. Although Dr. Niu did not publish more than 4 articles on major journals and seldom presented papers at major conferences, she recently authored a textbook with respect to biopharmaceutical processing. We emphasized to the immigration officer that the publication of this textbook was a landmark contribution to her field. To further prove her impact on her field, we submitted 7 strong letters of support, some of which were written by executives from large pharmaceutical companies. Dr. Lee Dr. Lee obtained his Ph.D. in Medicine from a top research university in Korea. He has established his stellar record of research success in respiratory science previous to his arrival in the U.S. He is currently performing advance research at a top American research institution. Dr. Lee retained Zhang & Associates, P.C. for his NIW petition. Our attorneys carefully reviewed his academic achievements and designed a successful petition package for him. In our petition, we explained to the immigration officer that Dr. Lee was one of the leading researchers in his field. We submitted 7 strong letters of support. 4 were independent advisory opinions and one was written by a NIH leading scientist. All letters regarded Dr. Lee’s work as a leader in his research area. We also stressed that his research had been cited in over 52 peer-reviewed articles by scientists from more than 18 countries. We submitted Dr. Lee’s petition on July 12, 2005 and Less than 3 months later, on October 3, 2005, the immigration officer approved his petition. Dr. Green Dr. Green was a leading researcher in molecular biochemistry and ophthalmology research. She had the unparalleled academic record and enjoyed an international reputation in the academic community. To her surprise, she received Request for Evidence (RFE) in June, 2005. She came to our firm for professional assistance. Our experienced attorneys carefully examined the reasons for RFE in the letter and found that this RFE battle was very challenging because the immigration officer raised a lot of questions. For instance, the officer said in the RFE that among Dr. Green’s 8 research articles she was the lead author in only 3 publications. The officer asserted that it was insufficient to demonstrate that her level of expertise significantly exceeded other scientists in her field. The officer also suggested that Dr. Green’s numerous abstracts for publication only proved her as a promising researcher and it appeared premature to conclude that her work would continue to have a significant impact on medical research in her field. Furthermore, the officer even commented that since Dr. Green was currently on H1-B status and it seemed that the nation would not be deprived of his services in the near future. We examined Dr. Green’s NIW petition package and noticed that the documentation could be supplemented. We emphasized that Dr. Green’s research on molecular biochemistry and ophthalmology would develop treatment for open angel glaucoma, leading cause for blindness in America. We also stated that her work had already resulted in more than 30 scientific publications and presentations. In the last two years, she had been invited to present her papers at 15 leading scientific conferences. This demonstrated that her research contributions had been quickly and widely recognized among the academic community. We also stressed that her work had been cited by scientists from other countries. We also included two additional independent advisory opinions from researchers who do not know Dr. personally and have never worked with her, but are aware of her work due to her publications and conference presentations. We reiterated that all the letters of support from leading researchers both inside the U.S. and overseas testified that Dr. Smith was among the elite researchers in her specialized field. Our persuasive presentation and thorough documentation finally convinced the immigration officer. We submitted the response to RFE on August 16, 2005 and her petition was approved on September 30, 2005. (06/19/2006) For more immigration news, please click here |
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