近期NIW批准案例精选

刘宗坤律师按：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NIW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NIW审理的现行标准。不过，自去年11月起，NIW在Texas Service Center的审理速度大为减缓。大部分申请案需要等待6个月之久。Nebraska Service Center则需要等待长达10个月之久。

以下案例由刘宗坤联合律师事务所Susan Covington整理。
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Case Type: Eb-2 NIW
Field of Research: Computational Biology
Major Credentials:
PhD from a foreign university
Published 10 peer-reviewed papers
Cited approximately 30 times

Dr. Z researches and publishes in the field of computational biology. He earned his PhD in Biochemistry and Molecular Biology from a university in China. As of Dr. Z’s filing date, he had published 10 peer-reviewed journal articles and 20 peer-reviewed conference presentations. Dr. Z had been cited over 30 times by researchers around the world.

In support of Dr. Z’s petition, we submitted eight strong recommendation letters, including five independent expert opinions. In the petition letter, we argued that Dr. Z qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation: first, Dr. Z sought employment in an area of substantial intrinsic merit; second, the proposed benefit of Dr. L’s current work was national in scope; and third, the national interest would be adversely affected if a labor certification were required.

Specifically, we provided evidence to show that (1) Dr. Z’s specific prior achievements justify the projected future benefits; (2) that Dr. Z possesses unique and innovative skills, knowledge and background that serve the national interest; (3) that Dr. Z would serve the national interest to a significantly greater degree than others with minimum qualifications; (4) that there is need for Dr. Z’s continued participation in his ongoing work; and (5) that labor certification standards are insufficient for Dr. Z’s case and would adversely affect the national interest. Dr. Z’s case was approved less than one month after the case was filed.
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Case #2: Dr. S
Service Center: Texas

Case Type: Eb-2 NIW & I-290B Appeal to Administrative Appeals Office
Field of Research: Molecular Biology
Major Credentials:
PhD and MD from foreign universities
Published over 10 peer-reviewed journal articles
Cited approximately 100 times
Member of professional organizations and honorary scientific society

Dr. S researches and publishes in the field of molecular biology. He has a PhD in Cancer Biology from a Chinese university. As of Dr. S’ original filing date, he had published over 10 journal articles, which had been cited at least 100 times worldwide. Although his original case was quite strong, Dr. S compiled the petition and filed it by himself. USCIS issued a Request for Evidence. Dr. S hired an attorney (not a Liu & Associates attorney), who submitted a response that included more letters of recommendation from recognized experts in the field, as well as arguments to each of the issues raised in the RFE. Unfortunately, USCIS denied the case.

After the case was denied, Dr. S retained us to appeal the USCIS denial. In its denial, USCIS cited arguments that had not been made in the petition. In addition, they incorrectly applied the standards set by In re New York State Department of Transportation. To appeal this decision, we gathered further letters of recommendation from recognized experts. In addition, we reiterated the arguments made in the denial and refuted them point by point, providing documentary evidence in the supporting documents. Dr. S’ case was approved a few months after we filed the appeal.
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Case #3: Dr. J
Service Center: Texas

Case Type: Eb-2 NIW
Field of Research: Molecular Biology
Major Credentials:
PhD from a foreign university
Published 1 book chapter and 21 journal papers and conference presentations
Cited approximately 40 times
Recipient of a Chinese award

Dr. J researches and publishes in the field of molecular biology. She earned her PhD in Veterinary Science from a Chinese university. As of Dr. J’s filing date, she had contributed to one book and published 21 peer-reviewed journal articles and conference presentations. Dr. L’s work had been cited at least 40 times by researchers worldwide. She is also the recipient of a nationally recognized award in China.

In support of Dr. J’s petition, we submitted five strong recommendation letters. In the petition letter, we argued that Dr. qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation: first, Dr. J sought employment in an area of substantial intrinsic merit; second, the proposed benefit of Dr. J’s current work was national in scope; and third, the national interest would be adversely affected if a labor certification were required.

Specifically, we provided evidence to show that (1) Dr. J’s specific prior achievements justify the projected future benefits; (2) that Dr. J possesses unique and innovative skills, knowledge and background that serve the national interest; (3) that Dr. J would serve the national interest to a significantly greater degree than others with minimum qualifications; (4) that there is need for Dr. J’s continued participation in her ongoing work; and (5) that labor certification standards are insufficient for Dr. J’s case and would adversely affect the national interest. Dr. J’s case was approved less than one month after the case was filed.
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Case # 4: Dr. L
Service Center: Texas

Case Type: Eb-2 NIW
Field of Research: Analytical Chemistry
Major Credentials:
PhD from a foreign university
Published 20 English and Chinese journal and conference papers
Cited approximately 100 times
Member of a professional scientific association

Dr. L researches and publishes in the field of analytical chemistry. Her area of expertise is separation science. She earned her PhD in Analytical Chemistry from a Chinese university. As of Dr. L’s filing date, she had published 20 peer-reviewed journal articles and conference papers. Dr. L’s work had been cited approximately 100 times by researchers around the world. She is also the member of a prestigious professional organization.

In support of Dr. L’s petition, we submitted six strong recommendation letters, including 3 independent expert opinions. In the petition letter, we argued that Dr. L qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation: first, Dr. L sought employment in an area of substantial intrinsic merit; second, the proposed benefit of Dr. L’s current work was national in scope; and third, the national interest would be adversely affected if a labor certification were required.

Specifically, we provided evidence to show that (1) Dr. L’s specific prior achievements justify the projected future benefits; (2) that Dr. L possesses unique and innovative skills, knowledge and background that serve the national interest; (3) that Dr. L would serve the national interest to a significantly greater degree than others with minimum qualifications; (4) that there is need for Dr. L’s continued participation in her ongoing work; and (5) that labor certification standards are insufficient for Dr. L’s case and would adversely affect the national interest. Dr. L’s case was approved two months after the case was filed.
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Case #5: Dr. A
Service Center: Nebraska

Case Type: Eb-2 NIW Response to Request for Evidence (RFE)
Field of Research: Organic Chemistry
Major Credentials:
PhD from an American university
Published 13 peer-reviewed journal articles
Cited approximately 30 times

Dr. A researches and publishes in the field of organic chemistry. He earned his PhD from an American university. Dr. A assembled and filed his NIW petition by himself, and received a request for evidence. The RFE asked Dr. A to submit evidence to prove that the national interest would be adversely affected if a labor certification were required. Dr. A’s original petition contained 3 letters of recommendation, reprints of ten peer-reviewed journal articles, and a citation record with about 30 citations.

In support of Dr. A’s original petition, we submitted 3 additional independent letters of recommendation. In the Memo in response to the RFE, we made a number of legal arguments based on the evidence provided, which lead to the conclusion that Dr. A’s track record indicates that he would contribute to the national interest at a substantially higher level than a U.S. worker with minimum qualifications. Thus the national interest would be adversely affected if a labor certification were required. Further, to support his citation record, we submitted a copy of an AAO Decision that
convincingly establishes that Dr. A’s record of worldwide citations constitute "widespread and lasting influence."

To further support Dr. A’s petition, we submitted evidence that he was a primary contributor in a study funded by the National Science Foundation. We provided two Testimonial Letters from leading scientists involved in the project, who stated that Dr. A had made critical contributions to the project. Dr. A’s petition was approved seven weeks after the Response to the RFE was filed.
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Case #6: Dr. Y
Service Center: Texas

Field of Research: Biology
Major Credentials:
PhD from a foreign university
Published 40 English and Chinese peer-reviewed journal articles
Cited approximately 120 times

Dr. Y researches and publishes in the field of biology. He earned his PhD from a Chinese university. As of Dr. Y’s filing date, he had published 40 peer-reviewed journal articles in prestigious scientific journals. Dr. Y’s work had been cited at least 120 times by researchers worldwide.

In support of Dr. Y’s petition, we submitted 5 strong recommendation letters, including 3 independent expert opinions. In the petition letter, we argued that Dr. Y qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation: first, Dr. Y sought employment in an area of substantial intrinsic merit; second, the proposed benefit of Dr. Y’s current work was national in scope; and third, the national interest would be adversely affected if a labor certification were required.

Specifically, we provided evidence to show that (1) Dr. Y’s specific prior acchievements justify the projected future benefits; (2) that Dr. Y possesses unique and innovative skills, knowledge and background that serve the national interest; (3) that Dr. Y would serve the national interest to a significantly greater degree than others with minimum qualifications; (4) that there is need for Dr. Y’s continued participation in his ongoing work; and (5) that labor certification standards are insufficient for Dr. Y’s case and would adversely affect the national interest. Dr. Y’s case was approved six weeks after the case was filed.
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Case #7: Dr. C
Service Center: Texas

Case Type: Eb-2 NIW
Field of Research: Inorganic Chemistry
Major Credentials:
PhD from an American university
Published 8 peer-reviewed journal articles
Cited approximately 25 times

Dr. C researches and publishes in the field of inorganic chemistry. She earned her PhD in Inorganic Chemistry from an American university. As of Dr. C’s filing date, she had published 8 peer-reviewed journal articles. Dr. C’s work had been cited at least 25 times and her first-authored article had been featured on the cover of a prestigious peer-reviewed journal. She is also a member of a prestigious professional organization.

In support of Dr. C’s petition, we submitted 7 strong recommendation letters, including 3 independent expert opinions. In the petition letter, we argued that Dr. C qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation: first, Dr. C sought employment in an area of substantial intrinsic merit; second, the proposed benefit of Dr. C’s current work was national in scope; and third, the national interest would be adversely affected if a labor certification were required.

Specifically, we provided evidence to show that (1) Dr. C’s specific prior
achievements justify the projected future benefits; (2) that Dr. C possesses unique and innovative skills, knowledge and background that serve the national interest; (3) that Dr. C would serve the national interest to a significantly greater degree than others with minimum qualifications; (4) that there is need for Dr. C’s continued participation in her ongoing work; and (5) that labor certification standards are insufficient for Dr. C’s case and would adversely affect the national interest. Dr. C’s case was approved three months after the case was filed.
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Case #8: Dr. D
Service Center: Texas

Case Type: Eb-2 NIW
Field of Research: Mechanical Engineering
Major Credentials:
PhD from an American university
Published 9 peer-reviewed journal and conference papers
Cited approximately 90 times

Dr. D researches and publishes in the field of Mechanical Engineering. He earned his PhD in Mechanical Engineering from an American university. As of Dr. D’s filing date, he had published 9 peer-reviewed journal articles and conference papers. Dr. D’s work had been cited at least 90 times by researchers worldwide.

In support of Dr. D’s petition, we submitted six strong recommendation letters, including 3 independent expert opinions. In the petition letter, we argued that Dr. D qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation: first, Dr. D sought employment in an area of substantial intrinsic merit; second, the proposed benefit of Dr. D’s current work was national in scope; and third, the national interest would be adversely affected if a labor certification were required.

Specifically, we provided evidence to show that (1) Dr. D’s specific prior achievements justify the projected future benefits; (2) that Dr. D possesses unique and innovative skills, knowledge and background that serve the national interest; (3) that Dr. D would serve the national interest to a significantly greater degree than others with minimum qualifications; (4) that there is need for Dr. D’s continued participation in his ongoing work; and (5) that labor certification standards are insufficient for Dr. D’s case and would adversely affect the national interest. Dr. D’s case was approved seven weeks after the case was filed.
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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。

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