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New NIW Successful Stories (15) Dr. Su Dr. Su graduated from a top Chinese research university and came to U.S. to pursue her Doctoral degree in Environmental Engineering at a top research institution. She is currently working for an environmental consulting service company as a scientist/engineer. Dr. Su retained Zhang & Associates, P.C. for her NIW petition. In preparing for her case, our legal team gave a full evaluation of the weaknesses and strengths in her petition. First, our attorneys found that Dr. Su was more like a senior engineer than a scientist in terms of her publications. She did not have a lot of publication in top academic journals but she produced a lot of technical reports, which had been cited by all sources. Second, we noticed that she did not have a lot of recommendation letters, but she could have very strong letters from researchers from US Environmental Protection Agency, former senior officials from US government, and chief scientists from corporations in environmental protection industry. In our petition, our attorneys emphasized that Dr. Su performed groundwater flow and solute transport modeling for EPA subsurface and ecosystem restoration research. Her specialty concerns dense non-aqueous phase liquids (DNAPL), which is a family of chemicals that are highly toxic and difficult to remove from the environment. We used documentation to show to the immigration officer that her contributions have resulted in many cost saving innovations to successfully aid in the fulfillment of the Superfund Act's mission- clean up toxic waste sites, an area of great national importance. We also highlighted those projects funded by the U.S. Army Corps of Engineers, in which Dr. Su played a leading role. Due to our successfully strategy, Dr. Su’s NIW petition was approved on January 23, 2006, only four month after filing her petition. Dr. Ganesh Dr. Ganesh was a leading researcher/physician in diabetes research and clinic treatment. He had the unparalleled academic record and enjoyed an international reputation in the academic community. But unfortunately his NIW petition was examined by an immigration officer who could not either appreciate his accomplishments or failed to adjudicate the case in an impartial manner. In November 2005, Dr. Ganesh received the Request for Evidence (RFE) from the immigration officer. He came to our firm for professional assistance. Our experienced attorneys carefully examined the reasons for RFE in the letter and design a successful strategy. In the RFE letter, the immigration officer admitted that Dr. Ganesh’s petition had met the two of the three prongs of the NIW petition, substantial intrinsic merit and national in scope. However, the officer determined that Dr. Ganesh failed the third prong: to present a national benefit so great as to outweigh the national interest inherent in the labor certification process. The officer wanted Dr. Ganesh to clearly present a significant benefit to the field of endeavor. We examined Dr. Ganesh’s NIW petition package and noticed that the documentation should be sufficient to meet all three prongs. But to fight this RFE successfully, only experienced attorneys know how to present specific documentation to convince the specific officer. In other words, our elite legal team was able to rationalize which documentation would best prove the last prong. We realized one issue was whether Dr. Ganesh had made contributions which others in his field, preferably with whom he had never studied or worked, also recognized as having influenced the filed. As a result, our legal team helped Dr. Ganesh to realign his recommendation letters. After careful preparation, we submitted another six letters of recommendation from internationally recognized experts in the field of diabetes research, all of them were independent advisory opinions, from researchers who never worked with Dr. Ganesh or don’t know him personally but are aware of the keen significance of his research. Those writers included chairman & CEO of a company, Associated Editor from a leading academic journal, chief scientists from leading laboratories. Furthermore, we also presented documentation evidencing Dr. Ganesh’s recently published first-authored paper being downloaded from the subscription-based websites by scientists in his field for more than 550 times within only four months. Our impressive presentation and documentation finally convinced the immigration officer. We submitted the response to RFE on January 24, 2006 and Dr. Ganesh’s petition was approved two weeks later, on February 6, 2006. Dr. Peng Dr. Peng obtained his Ph.D. in physiology from a prominent medical school in China. Before moving to U.S. to conduct his advanced research, he had published many articles in top journals. He is currently conducting his advanced cancer research, especially in the genetic formation and progression of kidney and parathyroid cancers. Unfortunately Dr. Peng received a RFE from the immigration officer in October, 2005, asserting that his petition failed the third prong of the NIW, requiring information regarding his current salary and remunerations for services, evidence of all professional memberships in professional associations, and independent evaluation. After reexamining Dr. Peng’s NIW petition package and our experienced attorney noticed that the documentation should be sufficient to meet all three prongs. Moreover, to our surprise, all the information requested by the immigration officer had been included in the package already. As a result, our elite legal team carefully deliberated on every aspect of our case and possible challenges that could be raised by the immigration officer, we decided to make legal arguments with the immigration officer to prove his conclusion was wrong. For instance, we defuse the immigration officer’s question on Dr. Peng’s unimpressive compensation by arguing that “we don't base his qualification as an ‘alien of exceptional ability’ on high remuneration and further we reasserted other factors to demonstrate his exceptional ability. Our strong but effective presentation convinced the idiosyncratic immigration officer. We submitted the response to RFE on December 27, 2005, the immigration officer approved the petition on January 10, less than 2 weeks. Dr. Kazmierczak As the precedent adjudication, Matter of New York State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998), has set forth three factors which must be considered when evaluating a request for a national interest waiver. First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Second, it must be shown that the proposed benefit will be national in scope. In our years of professional services for NIW petitioners, we have noticed that most petitioners received the RFE from immigration officers mainly because they failed to persuasively establish they meet the third prong. Dr. Kazmierczak was among the unfortunate petitioners. Dr. Kazmierczak conducted advanced research in pharmaceutical research. He received her RFE in October, 2005. The letter from the immigration officer asserted that Dr. Kazmierczak’s petition could not prove that she would bring "prospective" national benefit because he only had 3 first-authored publications. The officer further argued that “we do not find that publication of an alien's work in a respected journal in her field is presumptive evidence of eligibility for the national interest waiver. Obviously, the officer wanted more to demonstrate that Dr. Kazmierczak had a significant impact on her field as a whole. Our elite legal team reevaluated Dr. Kazmierczak’s petition and concluded that the original package was sufficient to meet all prongs for NIW. Given the fact the immigration officer failed to pay attention to all the evidence weaved through our documentation, we decided to highlight all the relevant evidence to make it easy for the officer. For instance, in order to emphasize that Dr. Kazmierczak has a significant impact on the pharmaceutical industry, we list all relevant commends from letters written by independent experts. For example, we quoted one expert’s testimonial "Dr. Kazmierczak’s work provided me with a different perspective…” We also quoted another’s words "Her work is quite a significant advancement for research in my field… I have been able to apply the principles of Dr. Kazmierczak’s research to better characterize and understand the stability of hydrate compounds…” From directly quotation, we proved that Dr. Kazmierczak had a wide influence on her field. We also cited some other precedents in which successful petitioners had only three letters of recommendation letters to show the impact on the related field. We argued that since Dr. Kazmierczak had 5 strong letters of support and most of them were from independent experts, Dr. Kazmierczak should have been in a much better position than those petitioners with only 3 letters of support. Finally, we argued Dr. Kazmierczak will contribute to the national interest to a substantially greater degree than another with minimum qualifications to work in her field. We asserted that it would be a detriment to the national interest if Dr. Kazmierczak’s exceptional talent were lost to the U.S. due to her having denied a labor certification if another with mere minimum qualifications were to be found in the course of a labor certification process. Through our effective argument, we believed that the immigration officer would be convinced that Dr. Kazmierczak’s achievements had made significant impact on her field and he should not go through a labor certification process. We submitted our response on February 17, 2006, and Dr. Kazmierczak’s petition was approved on April 7, 2006. Dr. Kim Dr. Kim obtained his Ph.D. in Mass Communications from a top South Korean research university. He enjoyed an international reputation as a leader in the study of cultural influences and effects on marketing and advertising. Dr. Kim retained Zhang & Associates, P.C. for the application regarding EB-1b (outstanding researcher/ professor). Our elite legal team fully evaluated his academic achievements and carefully prepared a premium package. In the application package, we first list all the required criteria to establish the beneficiary as an outstanding researcher/professors. The most hurdles we need to overcome was the evidence that Dr. Kim was outstanding in the academic field as evidenced by at least 2 of 7 key criteria, such as receipt of major prizes or awards, membership in an association that requires outstanding achievement; evidence that the beneficiary has served as the judge of the work of others, and etc. In the application, we emphasized that Dr. Kim possesses more than 7 years of experience conducting revolutionary research and teaching in the field of Advertising and Media, particularly in the area of new media, such as the Internet and has been offered a full-time, permanent position as an assistant professor by a leading research university. We not only listed most of the required criteria met by Dr. Kim’s academic achievements, but also presented testimonial 6 letters from academicsand researchers in the field of advertising and media to illustrate how outstanding a researcher Dr. Kim is in his field. With well established expertise in EB-1 service and thorough preparation, Dr. Kim’s EB-1b application was approved within 3 months, from January 27 through April 10, 2006. Dr. Zhang Dr. Zhang is a leading researcher in Parkinson’s disease research. He has the impeccable academic record. But unfortunately his NIW petition was examined by an immigration officer who failed to approve his petition because of lack of some frivolous documentation. In November 2005, Dr. Zhang received the Request for Evidence (RFE) from the immigration officer. He came to our firm for professional assistance. Our experienced attorneys carefully examined RFE letter and found the documentation requested by the immigration officers are really trivial and insignificant. For instance, the officer requested documentation evidencing all the grants or proposals in which Dr. Chen played a key role. According our experience, we believed that the officer was favorable to approving Dr. Zhang’s petition but for some unknown reasons, he would like to request some addition evidence to make Dr. Zhang’s journey to American dream less pleasant. As a result, we prepared for a response that even most nit-picking officer could not help but get convinced that the national interest would be adversely affected if a labor certification were required. Second, we quoted several experts to support that Dr. Zhang’s significant contribution in his field. For instance, we cited one official from National Institute of Health, “Parkinson's disease research field is rather competitive, and there is no shortage of qualified researchers. If one had to point out a shortage in this field, it would have to be shortage of the rare, outstanding, gifted young scientists like Dr. Zhang.” Finally, we provided more documentation, including documentation of essential science indicators for the citation thresholds showing Dr. Zhang’s paper as a top 1% highly cited paper in the field of biology and biochemistry; documentation from the journal citation reports (JCR) for the criteria and information of the impact factor of the journal in which Dr. Zhang’s first-author article was published. Our impressive presentation and documentation finally convinced the immigration officer. We submitted the response to RFE on January 30, 2006 and Dr. Zhang’s petition was approved 10 days later, on February 10, 2006. Dr. Takahashi Dr. Takahashi obtained his Ph.D. in Cancer Pathology from a top Japanese research university. He was highly successful in performing research to understand the main concept underlying the mechanisms of bone marrow transplantation used in the treatment of leukemia patients. His academic achievements undisputedly established himself as unique physician-scientist in clinical medicine and biomedical research. To his surprise, he received a RFE for his EB-1b application last year. He decided to seek professional assistance from our firm. Our elite legal team examined his original package and found out that the immigration officer only requested more evidence to support his status as an outstanding researcher/professor. As a result, the legal team thoroughly prepared for the response for Dr. Takahashi. Our experienced attorneys were well aware the fact that in order to have a successful EB-1b application, the mere submission of two or more of the 7 required criteria/items would not necessarily establish eligibility for this classification. We reviewed Dr. Takahashi’s documentation and submitted more evidence to support his outstanding qualification in his field by meeting as many criteria as possible. We also emphasized that Dr. Takahashi’s cutting-edge research in increasing the survival rate for the cancer or leukemia patients. We not only listed most of the required criteria met by Dr. Takahashi’s academic achievements, but also presented testimonial 10 letters from leading researchers in his field to illustrate how outstanding a researcher Dr. Takahashi is in his field. With our thorough preparation, Dr. Takahashi’s EB-1b application was approved on March 30, 2006. Dr. Cai Dr. Cai retained Zhang & Associates, P.C. for his EB-1a application. Our legal team carefully organized his petition materials. In his petition preparation, our attorneys noticed that he had about 10 co-authored articles. To fulfill the requirements in EB-1a classification, we provided detailed documentation to prove that he made original scientific research contributions of major significance to his field of endeavor; he received major, nationally and internationally recognized awards for excellence in his field of endeavor; he served as the judge of the work of others in his field; he had membership in associations in his field which require outstanding achievements of their members; and he had authored scholarly articles in scholarly journals in his field. In order to emphasize his academic achievements, we also pointed out in the package that Dr. Cai’s work had been cited in over 200 peer-reviewed articles by scientists from more than 30 countries. We also emphasized to the immigration officer that his research on quantum open systems and quantum information was extremely important to the improvement of the U.S. economic growth, defense, health care, environment, and modern industries. Mr. Cai was satisfied with our premium legal service because his application was approved on March 27, 2006. (06/22/2006) For more immigration news, please click here |
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