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近几个月,我所收到越来越多有关EB-1A的咨询。问题主要集中在申请人具备何种条件,才能满足EB-1A的要求。在此,我们整理了一部分本所近期获得批准并具有代表性的案例,以供读者参考。以下案例均在过去六个月中获得批准,基本上能够反映EB-1A审理的现状。
由刘宗坤联合律师事务所Janelle Clark律师整理。
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Case #1: Dr. X
Case Type: Eb-1A
Field of Research: Materials Science and Nanotechnology
Major Credentials:
Ph.D. from a foreign university
Published 20 peer-reviewed journals and conference papers
Cited approximately 50 times
Served as peer-reviewer for high impact journals on numerous occasions
Dr. X researches and publishes in the field of Materials Science and Nanotechnology. He obtained his Ph.D. in Materialogy from a Chinese university. As of Dr. X’s filing date, he had published 20 peer-reviewed scientific articles in prestigious journals. Dr. X had approximately 50 citations to his work. He was also invited to serve as a peer-reviewer for high impact journals on numerous occasions.
In support of Dr. X’s Eb-1A petition, we submitted 6 strong recommendation letters, including 3 independent expert opinions. In the petition letter, we argued the following: (1) Dr. X made original scientific contributions of major significance to the field of materials science and nanotechnology; (2) Dr. X authored scholarly articles in peer-reviewed journals in his field; (3) Dr. X served as a judge of the work of others on multiple occasions; and (4) Dr. X’s work will substantially benefit the United States. Dr. X’s Eb-1A petition was approved by USCIS 30 days after the case was filed.
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Case #2: Dr. J
Case Type: Eb-1A
Field of Research: Organic Chemistry
Major Credentials:
Dual Ph.D. in Materials Science and Organic Chemistry
Published over 40 peer-reviewed journal articles
Cited over 100 times
Holder of 5 international patents
Peer reviewer for several journals
Recipient of prestigious national awards
Dr. J has made multiple original contributions in the field of organic and polymeric chemistry. He earned his first Ph.D. in Materials Science and his second Ph.D. in Organic Chemistry both from foreign universities. At the time of filing, Dr. J had published over 40 peer-reviewed scientific articles in high impact journals. Additionally, he holds 5 international patents. His influential research was cited over 100 times by scientists worldwide. He served as peer reviewer for distinguished journals. Due to his exceptional contributions, Dr. J received the National Science and Technology Progress Award granted by the Ministry of Education of China. Finally, Dr. J’s cutting-edge research was reported a few times in professional publications in his field.
We submitted 6 strong letters of recommendation in support of Dr. J’s Eb-1A petition, including 3 from independent experts. In the petition letter, we argued the following: (1) Dr. J made original scientific contributions of major significance to the field of organic chemistry; (2) Dr. J has authored scholarly articles in peer-reviewed journals in his field; (3) Major professional publications have printed materials about Dr. J’s work; (4) Dr. J has received prestigious national awards for his outstanding contribution; (5) Dr. J has been constantly invited to serve as a peer-reviewer; and (6) Dr. J’s presence in the United States will substantially prospectively benefit our nation. Dr. J’s Eb-1A petition was approved by USCIS two and half months after the case was filed.
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Case #3: Dr. C
Case Type: Eb-1A
Field of Research: Telecommunications
Major Credentials:
Ph.D. from a foreign university
Published 55 peer-reviewed articles
Cited about 120 times by scientists worldwide
Received frequent invitations to serve as peer-reviewer
Recipient of prestigious national awards
Invited to serve on Editorial Board of an international journal
Served as chair and co-chair at international conferences
Dr. C earned his Ph.D. in Communications and Information Systems from a Chinese university well-known for its study of telecommunications. He has made groundbreaking discoveries in the areas of wireless communications and networking. As a result, his work has been published in highly influential scientific journals. Dr. C’s innovative telecommunications research has been reviewed and discussed in leading journals in his field. His work has been cited an impressive 120 times by scientists across the globe. Evidencing the prominence in his field, he has received over 30 invitations to serve as peer reviewer for leading journals as well as an invitation to serve on the Editorial Board of a scientific journal. He has also acted as Chair and Co-Chair at international telecommunications conferences. In recognition for his outstanding contributions to China’s science and technology progress in telecommunications, Dr. C was awarded China’s national Science and Technology Award.
We prepared and submitted six recommendation letters on Dr. C’s behalf, three of which were independent advisory opinions from scientists who had not worked with Dr. C but were familiar with his work through Dr. C’s publications. In Dr. C’s Eb-1A petition letter, we made the following arguments: (1) Dr. C made multiple original scientific contributions of major significance in the telecommunications field; (2) Dr. C authored scholarly articles in peer-reviewed journals in his field; (3) Dr. C has judged the work of others as a peer-reviewer; (4) Dr. C received prestigious national awards for his outstanding contribution; and (5) Dr. C’s future stay in the United States will substantially benefit the nation. Dr. C’s Eb-1A petition was approved only 8 days after filing with request for Premium Processing.
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Case #4: Dr. H
Case Type: Eb-1A
Field of Research: Materials Science
Major Credentials:
Ph.D. from a foreign university
Published over 20 peer-reviewed articles
Cited about 90 times by scientists worldwide
Research was frequently reported in leading scientific publications
Recipient of prestigious award
Dr. H has been internationally recognized as an outstanding researcher with extraordinary ability in the field of materials science, particularly in thermoelectric and nano materials.She received her Ph.D. from a Chinese university. As of the date of filing, Dr. H had published over 20 peer-reviewed articles in esteemed scientific journals. Her research has been cited nearly 90 times by scientists worldwide. One of Dr. H’s first authored papers was awarded the Best Scientific Paper prize at an international conference, a tremendous honor since only one out of hundreds of papers was selected for this honor. Finally, Dr. H’s receipt of this prestigious award was widely reported in China by national media.
In support of Dr. H’s Eb-1A petition, we submitted 6 recommendations letters, including 4 from independent experts. In the petition letter, we argued that Dr. H should be granted permanent residency based upon the following: (1) Dr. H made multiple original contributions in the field of materials science; (2) Dr. H authored scholarly articles in peer-reviewed journals in her field; (3) Dr. H’s work has been frequently reported by professional publications; (4) Dr. H received a prestigious international award for her outstanding contributions; and (5) Dr. H’s continued presence in the United States will substantially benefit our nation. Dr. H’s Eb-1A case was approved approximately one month after her filing date.
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Case #5: Dr. M
Case Type: Eb-1A
Field of Research: Electrochemistry
Major Credentials:
Ph.D. from a foreign university
29 peer-reviewed scientific articles
150 citations from national and international scientists
Received some invitations to serve as peer-reviewer for leading scientific journals
Work has been reported in a national newspaper
Dr. M researches and publishes in the field of electrochemistry. He has conducted cutting-edge research on rechargeable batteries and fuel cells. As evidence of his research success, Dr. M has published 29 peer-reviewed scientific articles in leading journals with international circulation. Notably, Dr. M’s work has been cited at least 150 times by scientists in 14 countries. Five leading journals in Dr. M’s field requested that he serve as peer-reviewer, judging the manuscripts of other scientists. As a result of his groundbreaking work, a well-known national newspaper in China has reported Dr. M’s research.
We prepared and submitted 6 letters of recommendation for Dr. M, including 3 letters from independent experts. In the Eb-1A petition letter, we argued that Dr. M is an alien of extraordinary ability based upon the following facts: (1) Dr. M made multiple original contributions of major significance in the field of electrochemistry; (2) Dr. M has published scholarly articles in peer-reviewed journals in his field; (3) Dr. M has judged the work of his peers as a peer-reviewer for leading journals; (4) there are published materials about Dr. M in professional or major trade publications; and (5) Dr. M’s future stay in the United States will substantially benefit our country. Dr. M’s Eb-1A petition was approved by USCIS approximately 2 months after the case was filed.
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Case # 6: Dr. W
Case Type: Eb-1A
Field of Research: Nanotechnology and Nanomaterials
Major Credentials:
Ph.D. from a foreign university
Published 14 peer-reviewed scientific journal articles
Cited about 200 times by scientists worldwide
Work has been reviewed and reported in a variety of academic mediums
Invited to serve as peer-reviewer
Invited to organize sessions at international conferences
Dr. W has made significant advances in the field of nanotechnology and nanomaterials, particularly in the development of semiconductors material and technology. He has published 14 peer-reviewed papers in well respected scientific journals. His work has been cited an impressive 200 times by leading researchers in the United States and abroad. Dr. W’s pre-eminence in the nanotechnology community have resulted in numerous reviews and discussions of his work in distinguished professional journals, encyclopedias, and professional handbooks. He has also been called upon to judge the work of other scientists and to organize invited sessions at major scientific conferences.
Seven leading researchers from different countries submitted letters of support testifying that Dr. W is among the elite researchers in his specialized field. Among these seven experts, four had never worked with Dr. W and did not know him personally but were aware of his research through his influential publications. In Dr. W’s Eb-1A petition letter, we argued the following: (1) Dr. W has made original scientific contributions of major significance in his field of endeavor; (2) Dr. W has authored scholarly articles that have been published in peer-reviewed journals; (3) Dr. W’s
work has been reported in professional or major trade publications; (4) Dr. W has judged the work of others; and (6) Dr. W’s continued presence in the United States will substantially benefit our nation. Dr. W’s Eb-1A petition was approved by USCIS a mere two weeks after filing with request for Premium Processing.
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Case #7: Dr. Y
Case Type: Eb-1A
Field of Research: Entomology
Major Credentials:
Ph.D. from a foreign university
Published 40 peer-reviewed articles
Cited about 120 times by scientists worldwide
Served on Editorial Board of a leading journal
Dr. Y has made multiple original contributions of major significance in the field of entomology, particularly with his molecular analysis of juvenile hormone action. He received a Ph.D. in Zoology from a prestigious foreign university and has been researching in the entomology field with a focus on juvenile hormones for more than a decade. He has published over 40 articles on this topic, and notably he was the first-author in the majority of these papers. In recognition of his extraordinary contributions to his field, a prestigious Chinese scientific journal selected Dr. Y to serve on its Editorial Board.
In support of Dr. Y’s Eb-1A petition, we submitted 5 letters of recommendation from experts in the field of entomology, including advisory opinions from 3 independent experts. We argued that Dr. Y is an alien of extraordinary ability on the following grounds: (1) Dr. Y has made original scientific contributions of major significance to the entomology field, particularly with his research on juvenile hormones; (2) Dr. Y has authored scholarly articles in peer-reviewed journals in his field; (3) Dr. Y has served as a judge of the work of others; and (4) Dr. Y’s continued presence in the United States will substantially prospectively benefit the country. Dr. Y’s Eb-1A petition was approved by USCIS shortly one month after filing.
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Case #8: Dr. K
Case Type: Eb-1A
Field of Research: Nanotechnology
Major Credentials:
Ph.D. from a United States university
Published 8 peer-reviewed articles in scientific journals
Cited nearly 100 times by scientists worldwide
Served as peer-reviewer on a number of occasions
Dr. K researches and publishes in the area of nanotechnology. He published 8 highly influential articles in high impact journals in his field, which were cited about 100 times by other researchers. In addition, esteemed journals invited Dr. K to review the manuscripts submitted for publication by other researchers. Dr. K currently works in a US national lab.
We submitted 7 recommendation letters on behalf of Dr. K, two of which were from independent experts who did not know Dr. K but were familiar with his influential research. In the Eb-1A petition letter, we argued that Dr. K is an alien of extraordinary ability and should be granted permanent residency based upon the following facts: (1) Dr. K has made original scientific contributions of major significance to his field of endeavor; (2) Dr. K has authored scholarly articles in peer-reviewed journals in his field; (3) Dr. K has served as a judge of the work of others; and (4) Dr. K’s ongoing presence in the United States will substantially benefit our nation. Dr. K’s Eb-1A petition was approved by USCIS approximately 5 weeks after the case was filed.
______________________________________________________________________________________
刘宗坤律师(Z. Zac Liu, Esq.),法学博士(J.D.)、哲学博士(Ph.D.),伊利诺伊州最高法院及联邦法院执照,曾担任Valparaiso University Law Review的编辑和审稿人,著有中英文书籍多种,散见于中美各大学图书馆。执业以来,他已代理无数名来自世界各地的科研人员和专业人士成功获得绿卡及各类非移民签证,尤其在国家利益豁免(NIW)、特殊人才(Eb-1A)、杰出教授和研究员(EB-1B)、PERM 劳工证、H-1B工作签证等方面积累了丰富的经验。读者若有移民法律问题,可将简历发往zliu@niwus.com。刘律师会在两个工作日内对您的问题做出免费答复或评估。
Liu & Associates, PLLC
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Houston, Texas 77036
Tel: (800) 878-1807
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Email: zliu@niwus.com
Website: www.niwus.com
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