近期NIW批准案例精选 （二）

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。以下案例大多在近两个月中获得批准，基本上能够反映NIW审理的现状。

以下案例由刘宗坤联合律师事务所Susan Covington整理。

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Case #1: Dr. G

Case Type: Eb-2 NIW
Field of Research: synthetic chemistry
Major Credentials:
PhD from a foreign university
Published 12 journal papers
Cited approximately 69 times by other researchers

Dr. G researches and publishes in the field of synthetic chemistry. His area of expertise is the development of nanoscaled materials. He earned his PhD in Chemistry from a Canadian university. As of Dr. G’s filing date, he had published 12 peer-reviewed journal papers, which had been cited about 69 times by other researchers.

In support of Dr. G’s petition, we submitted six strong recommendation letters. In the petition letter, we presented evidence to show that Dr. G’s record of prior achievement indicates that he would serve the national interest to a substantially greater degree than a researcher with minimum qualifications, and as such, the national interest would be adversely affected if the labor certification were required.

Dr. G’s case was filed on February 21, 2007, and was approved on August 29, 2007.

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Case #2: Dr. H

Case Type: Eb-2 NIW
Field of Research: materials science and engineering
Major Credentials:
PhD from an American university
Published 16 journal papers
Cited approximately 60 times by other researchers
Served as a reviewer for a few journals

Dr. H researches and publishes in the field of materials science and engineering. Her area of expertise involves pressure-treated silica glass. She earned her PhD in Materials Science and Engineering from an American university. As of Dr. H’s filing date, she had published 16 peer-reviewed journal papers, which had been cited about 60 times by other researchers.

In support of Dr. H’s petition, we submitted six strong recommendation letters, including five independent expert opinions. In the petition letter, we explained how Dr. H’s specific prior achievements justify the projection that she would contribute to the national interest at a substantially higher degree than other researchers with minimum qualifications, and therefore the requirement of a labor certification would adversely affect the national interest. 

Dr. H’s case was filed on January 10, 2007, and was approved on August 28, 2007.

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Case #3: Dr. M

Case Type: Eb-2 NIW
Field of Research: computer science
Major Credentials:
PhD from a foreign university
Published 5 peer-reviewed journal papers
Cited approximately 115 times by other researchers

Dr. M researches and publishes in the field of computer science. Her area of expertise is information retrieval on the internet. She earned her PhD in Computer Engineering from a Hong Kong university. As of Dr. M’s filing date, she had published 5 peer-reviewed journal papers, which had been cited about 115 times by other researchers.

In support of Dr. M’s petition, we submitted 6 strong recommendation letters, including 2 independent expert opinions. In the petition letter, we explained how Dr. M’s achievements had influenced the field of her expertise, and why the requirement of a labor certification would deprive the U.S. of her unique and exceptional future contributions.

Dr. M’s case was filed on April 17, 2007, and was approved on August 27, 2007.

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Case #4: Dr. E

Case Type: Eb-2 NIW*
Field of Research: Electrical and Computer Engineering
Major Credentials:
PhD from an American university
Published 9 journal and conference papers
Cited approximately 70 times
Served as reviewer for journals

Dr. E researches and publishes in the field of Electrical and Computer Engineering. Her area of expertise is the development of reliable mobile location system. She earned her PhD in Electrical and Computer Engineering from an American university. As of Dr. E’s filing date, she had published 9 journal and conference papers. Dr. E’s work had been cited at least 70 times by researchers around the world. Dr. E also served as a peer reviewer for a few journals.

In support of Dr. E’s petition, we submitted six strong recommendation letters from experts in her field. In the petition letter, we argued that Dr. E qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation. Specifically, we explained in detail how Dr. E’s specific prior achievements justify the projected future benefits to the national interest, and how the labor certification requirements for Dr. E’s case would adversely affect the national interest.

Dr. E’s case was filed on May 7, 2007, and was approved on August 27, 2007.

* Note: Dr. E’s Eb-1A petition filed at the same time has also been approved.

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Case #5: Dr. N

Case Type: Eb-2 NIW*
Field of Research: telecommunications
Major Credentials:
PhD from a foreign university
Published 55 peer-reviewed journal and conference papers
Cited approximately 120 times
Served as reviewer for some journals

Dr. N researches and publishes in the field of telecommunications. His area of expertise is wireless sensor networks. He earned his PhD in Communications and Information Systems from a Chinese university. As of Dr. N’s filing date, he had published 55 peer-reviewed journal articles and conference papers. Dr. N’s work had been cited approximately 120 times by researchers around the world. He had been also frequently invited to serve as a reviewer for prestigious journals in his field.

In support of Dr. N’s petition, we submitted six strong recommendation letters, including three independent expert opinions. In the petition letter, we argued that Dr. N sought employment in an area of substantial intrinsic merit, the proposed benefit of Dr. N’s current work was national in scope, and the national interest would be adversely affected if a labor certification were required.

Dr. N’s case was filed on March 23, 2007, and was approved on August 27, 2007.

* Note: Dr. N’s Eb-1A petition filed at the same time has also been approved.

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Case #6: Dr. B

Case Type: Eb-2 NIW*
Field of Research: Materials Science and Engineering
Major Credentials:
PhD from a foreign university
Published 26 peer-reviewed journal papers
Cited approximately 145 times by other researchers
Served as a reviewer for journals

Dr. B researches and publishes in the field of Materials Science and Engineering. His areas of expertise involve rechargeable batteries and fuel cells. He earned his PhD in Materials Science and Engineering from a Chinese university. As of Dr. B’s filing date, he had published 26 peer-reviewed journal papers, which had been cited about 145 times by other researchers. He also served as a peer reviewer for a few well respected journals.

In support of Dr. B’s petition, we submitted six strong recommendation letters, including four independent expert opinions. In the petition letter, we argued that Dr. B qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation. Specifically, we explained how Dr. B’s prior achievements had influenced her field of research as a whole, and why this level of influence would serve the national interest to a substantially greater degree than Dr. B’s peers with minimum qualifications.

Dr. B’s case was filed on January 18, 2007, and was approved on August 24, 2007.

* Note: Dr. B’s Eb-1A petition filed at the same time has also been approved.

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Case #7: Dr. W

Case Type: Eb-2 NIW*
Field of Research: Linguistics
Major Credentials:
PhD from an American university
Published 14 peer-reviewed journal and conference papers
Served as a peer reviewer for journals

Dr. W researches and publishes in the field of sociolinguistics. His research is focused on the role of language and identity in the age of globalization. He earned his PhD in Linguistics from an American university. As of Dr. W’s filing date, he had published 14 peer-reviewed journal and conference papers. In addition, he has also served as a peer reviewer for a few linguistics journals.

In support of Dr. W’s petition, we submitted six strong recommendation letters, including three independent expert opinions. In the petition letter, we presented evidence to show how Dr. W’s specific prior achievements justify the projected future benefits to the national interest, and how Dr. W would serve the national interest to a significantly greater degree than others with minimum qualifications.

Dr. W’s case was filed on January 9, 2007, and was approved August 24, 2007.

* Note: Dr. W’s Eb-1A petition filed at the same time has also been approved.

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Case #8: Dr. U

Case Type: Eb-2 NIW*
Field of Research: bioorganic chemistry
Major Credentials:
PhD from a foreign university
Published 37 English and Chinese papers
Cited approximately 250 times by other researchers
Received national award from a foreign government

Dr. U researches and publishes in the field of bioorganic chemistry. His area of expertise involves antibacterial agents and polymer-supported metal catalysts. He earned his PhD in Chemistry from a Chinese university and conducted postdoctoral research at an American university. As of Dr. U’s filing date, he had published 37 English and Chinese papers. His work had been cited at least 250 times by researchers around the world. He had also received a scientific award from the Education Ministry of China.

In support of Dr. U’s petition, we submitted five strong recommendation letters, including three independent expert opinions. In the petition letter, we explained how Dr. U qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation, and how the evidence submitted warrants grant of national interest waiver.

Dr. U’s case was filed on February 14, 2007, and was approved on August 24, 2007.

* Note: Dr. U’s Eb-1A petition filed at the same time has also been approved.

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Case #9: Dr. T

Case Type: Eb-2 NIW*
Field of Research: molecular medicine
Major Credentials:
PhD from an American university
Published 11 journal and conference papers
Cited approximately 47 times by other researchers

Dr. T researches and publishes in the field of molecular medicine. Her area of expertise is genetic epidemiology. She earned her PhD in Molecular Medicine from an American university. As of Dr. T’s filing date, she had published 11 journal and conference papers, which had been cited about 47 times by other researchers.

In support of Dr. T’s petition, we submitted six strong recommendation letters, including two independent expert opinions. In the petition letter, we explained how Dr. T’s specific prior achievements justify the projection that she would contribute to the national interest at a substantially higher degree than other researchers with minimum qualifications, and therefore the requirement of a labor certification would adversely affect the national interest. 

Dr. T’s case was filed on April 30, 2007, and was approved on August 21, 2007.

* Note: Dr. T’s Eb-1B petition filed at the same time has also been approved.

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Case #10: Dr. V

Case Type: Eb-2 NIW*
Field of Research: computer science
Major Credentials:
PhD from an American university
Published 9 journal and conference papers
Cited approximately 290 times by other researchers

Dr. V researches and publishes in the field of computer science. Her area of expertise is wireless sensor networks. She earned her PhD from a prestigious American university. As of Dr. V’s filing date, she had published 9 journal and conference papers. Dr. V’s work had been cited at least 290 times by other researchers.

In support of Dr. V’s petition, we submitted four strong recommendation letters, including 2 independent expert opinions. In the petition letter, we argued that Dr. V qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation. Specifically, we explained in detail how Dr. V’s specific prior achievements justify the projected future benefits to the national interest, and how the labor certification requirements for Dr. V’s case would adversely affect the national interest.

Dr. V’s case was filed on March 15, 2007, and was approved on August 16, 2007.

* Note: Dr. V’s Eb-1A petition filed at the same time has also been approved.

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Case #11: Dr. I

Case Type: Eb-2 NIW
Field of Research: Mechanical Engineering
Major Credentials:
PhD from a foreign university
Published 12 journal and conference papers
No citations

Dr. I researches and publishes in the field of mechanical engineering. His area of expertise is smart materials and structures. He earned his PhD in Mechanical Engineering from an American university. As of Dr. I’s filing date, he had published 12 journal and conference papers, but his work had not been cited by other researchers.

In support of Dr. I’s petition, we submitted five strong recommendation letters, including two independent expert opinions. In the petition letter, we presented evidence to show how Dr. I’s specific prior achievements had influenced his field as a whole, and how Dr. I would serve the national interest to a significantly greater degree than others with minimum qualifications.

Dr. I’s case was filed on February 16, 2007, and was approved August 10, 2007.

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Case #12: Dr. R

Case Type: Eb-2 NIW
Field of Research: Materials Science
Major Credentials:
PhD from a foreign university
Published 35 journal and conference papers
Cited approximately 77 times
Served as a peer reviewer

Dr. R researches and publishes in the field of materials science. His area of expertise is polymer materials. He earned his PhD from a Chinese university. As of Dr. R’s filing date, he had published about 35 journal and conference papers (English and Chinese). Dr. R’s work had been cited at least 77 times by researchers around the world. In addition, he has served as a peer reviewer for a couple of prestigious scientific journals.

In support of Dr. R’s petition, we submitted six strong recommendation letters, including two independent expert opinions. In the petition letter, we argued that Dr. R qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation: first, Dr. R sought employment in an area of substantial intrinsic merit; second, the proposed benefit of Dr. R’s current work was national in scope; and third, the national interest would be adversely affected if a labor certification were required.
 
Specifically, we explained in detail how Dr. R’s specific prior achievements justify the projected future benefits to the national interest, and how the labor certification requirements for Dr. R’s case would adversely affect the national interest.

Dr. R’s case was filed March 23, 2007, and was approved August 23, 2007.

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Case #13: Dr. F

Case Type: Eb-2 NIW
Field of Research: Electrical Engineering
Major Credentials:
PhD from a foreign university
Published 16 peer-reviewed journal and conference papers
Cited approximately 51 times
Co-inventor of 6 approved and pending patents
Served as a peer reviewer

Dr. F researches and publishes in the field of electrical engineering. His area of expertise is fuel cell technology. He earned his PhD in Electrical Engineering from a European university. As of Dr. F’s filing date, he had published 16 peer-reviewed journal and conference papers. His work had been cited at least 51 times by researchers around the world. In addition, he was the co-inventor of 6 approved and pending international patents. He had also served as a peer reviewer for a journal.

In support of Dr. F’s petition, we submitted five strong recommendation letters, including three independent expert opinions. In the petition letter, we presented evidence to show how Dr. F’s specific prior achievements justify the projected future benefits to the national interest, and how Dr. F would serve the national interest to a significantly greater degree than others with minimum qualifications.

Dr. F’s case was filed on May 1, 2007, and was approved August 20, 2007.

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Case #14: Dr. Z

Case Type: Eb-2 NIW*
Field of Research: Nanomaterials
Major Credentials:
PhD from a foreign university
Published 8 peer-reviewed journal papers
Served as a peer reviewer
Not cited by other researchers

Dr. Z researches and publishes in the field of nanomaterials. His area of expertise is polymer nanomaterials engineering. He earned his PhD in Polymer Engineering from a Chinese university. As of Dr. Z’s filing date, he had published 8 peer-reviewed journal papers. But his papers were not cited by other researchers.

In support of Dr. Z’s petition, we submitted six 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. Specifically, we explained how Dr. Z’s prior achievements had influenced his field of research as a whole, and why this level of influence would serve the national interest to a substantially greater degree than Dr. Z’s peers with minimum qualifications.

Dr. Z’s case was filed January 31, 2007, and was approved August 15, 2007.

* Note: Dr. Z’s Eb-1B petition filed at the same time has also been approved.

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Case #15: Dr. K

Case Type: Eb-2 NIW
Field of Research: Astrophysics
Major Credentials:
PhD from an American university
Published 15 peer-reviewed journal and conference papers
Cited approximately 90 times
Member of a professional scientific association

Dr. K researches and publishes in the field of astrophysics. His area of expertise is dark matter detection sensors. He earned his PhD in Astrophysics from an American university. As of Dr. K’s filing date, he had published 15 peer-reviewed journal articles and conference papers. Dr. K’s work had been cited approximately 90 times by researchers around the world. He is also the member of a prestigious professional organization.

In support of Dr. K’s petition, we submitted six strong recommendation letters, including two independent expert opinions. In the petition letter, we argued that Dr. K sought employment in an area of substantial intrinsic merit, the proposed benefit of Dr. K’s current work was national in scope, and the national interest would be adversely affected if a labor certification were required.

Dr. K’s case was filed on February 22, 2007, and was approved on August 10, 2007.

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Case #16: Dr. X

Case Type: Eb-2 NIW
Field of Research: metallurgical science
Major Credentials:
PhD from a foreign university
Published 20 English and Chinese papers
Cited approximately 25 times by other researchers

Dr. X researches and publishes in the field of metallurgical science. She earned her PhD in Materials Science from a Chinese university and conducted postdoctoral research at a US national laboratory affiliated with an American university. As of Dr. X’s filing date, she had published 20 English and Chinese papers. Her work had been cited at least 25 times by researchers around the world. She had also served as a peer-reviewer.

In support of Dr. X’s petition, we submitted five strong recommendation letters, including two independent expert opinions. In the petition letter, we explained how Dr. X qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation, and how the evidence submitted warrants grant of national interest waiver.

Dr. X’s was filed on January 26, 2007, and was approved on August 6, 2007.

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Case #17: Dr. P

Case Type: Eb-2 NIW
Field of Research: cancer immunotherapy
Major Credentials:
PhD from an American university
Published 6 peer-reviewed journal papers
Cited approximately 40 times by other researchers

Dr. P researches and publishes in the field of cancer immunotherapy. His area of expertise involves the survival mechanism of dendritic cells. He earned his PhD in Immunology from an American university. As of Dr. P’s filing date, he had published 6 peer-reviewed journal articles, which had been cited over 40 times by researchers around the world.

In support of Dr. P’s petition, we submitted six strong recommendation letters, including two independent expert opinions. In the petition letter, we presented how Dr. P qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation. Specifically, we provided evidence to show that Dr. P would serve the national interest to a significantly greater degree than others with minimum qualifications, and that labor certification standards would adversely affect the national interest.

Dr. P’s case was filed May 1, 2007, and was approved July 30, 2007.

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Case #18: Dr. J

Case Type: Eb-2 NIW
Field of Research: Chemical Engineering
Major Credentials:
PhD from a foreign university
Published over 20 Chinese and English articles
Cited approximately 70 times

Dr. J researches and publishes in the field of chemical engineering. His area of expertise is adsorption and hydrogen storage. He earned his PhD from a prestigious Chinese university. As of Dr. J’s filing date, he had published over 20 Chinese and English journal and conference papers. Dr. J’s work had been cited at least 70 times by researchers around the world.

In support of Dr. J’s petition, we submitted five strong recommendation letters, including one independent expert opinion. In the petition letter, we argued that Dr. J qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation. Specifically, we provided evidence to show how the national interest would be adversely affected if a labor certification were required in Dr. J’s case.

Dr. J’s case was filed on November 13, 2006, and was approved on July 25, 2007.

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Case #19: Dr. A

Case Type: Eb-2 NIW
Field of Research: Electrical Engineering
Major Credentials:
PhD from an American university
Published 8 peer-reviewed journal and conference papers
Cited approximately 36 times

Dr. A researches and publishes in the field of electrical engineering. His area of expertise is in telecommunications technology. He earned his PhD in Electrical Engineering from an American university. As of Dr. A’s filing date, he had published 8 peer-reviewed journal and conference papers. Dr. A’s work had been cited approximately 36 times by other researchers.

In support of Dr. A’s petition, we submitted six strong recommendation letters, including three independent expert opinions. In the petition letter, we argued that Dr. A qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation, and how the labor certification standards are insufficient for Dr. A’s case and would adversely affect the national interest.

Dr. A’s case was filed on November 30, 2007, and was approved on June 14, 2007.

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Case #20: Dr. C

Case Type: Eb-2 NIW
Field of Research: Biochemistry and Biophysics
Major Credentials:
PhD from a foreign university
Published 20 peer-reviewed journal and conference papers
Cited approximately 90 times

Dr. C researches and publishes in the field of biochemistry and biophysics. His area of expertise is gene behavior. He earned his PhD in Chemistry and Molecular Biology from a Chinese university. At the time of Dr. C’s filing, he had published 20 peer-reviewed journal and conference papers. His work had been cited approximately 90 times by researchers around the world.

In support of Dr. C’s petition, we submitted six strong recommendation letters, including two independent expert opinions. In the petition letter, we presented how Dr. C qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation. Specifically, we provided evidence to show that Dr. C would serve the national interest to a significantly greater degree than others with minimum qualifications, and that labor certification standards would adversely affect the national interest.

Dr. C’s case was filed January 26, 2007, and was approved July 1, 2007.

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Case #21: Dr. S

Case Type: Eb-2 NIW
Field of Research: Genetic Studies
Major Credentials:
PhD from a foreign university
Published 7 peer-reviewed journal papers
Cited approximately 80 times

Dr. S researches and publishes in the field of genetic studies. His area of expertise is regulation of gene expressions. He earned his PhD in Zoology from a Korean university. At the time of Dr. S’s filing, he had published 8 peer-reviewed journal papers. His work had been cited approximately 80 times by researchers around the world.

In support of Dr. S’s petition, we submitted five strong recommendation letters, including two independent expert opinions. In the petition letter, we presented evidence to show how Dr. S would serve the national interest to a substantially greater degree than other researchers with minimum qualifications, and the requirement of labor certification would adversely affect the national interest.

Dr. S’s case was filed November 8, 2006, and was approved July 19, 2007.

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Case #22: Dr. O

Case Type: Eb-2 NIW
Field of Research: nanotechnology
Major Credentials:
PhD from a foreign university
Published 16 Chinese and English articles
Cited approximately 110 times by other researchers

Dr. O researches and publishes in the field of nanotechnology. His area of expertise is electrochromism and photochromism of thin films. He earned his PhD from a prestigious Chinese university. As of Dr. O’s filing date, he had published 16 Chinese and English journal and conference papers, which had been cited over 110 times by researchers around the world.

In support of Dr. O’s petition, we submitted seven strong recommendation letters, including three independent expert opinions. In the petition letter, we argued that Dr. O qualifies for a National Interest Waiver under the standards set by In re New York State Department of Transportation. Specifically, we provided evidence to show how the national interest would be adversely affected if a labor certification were required in Dr. O’s case.

Dr. O’s was filed on January 26, 2006, and was approved on July 11, 2007.

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Case #23: Dr. Y

Case Type: Eb-2 NIW
Field of Research: Electrical Engineering
Major Credentials:
PhD from an American university
Published 8 journal papers
Moderate citations by other researchers
Reviewed articles for a few journals

Dr. Y researches and publishes in the field of electrical engineering. Her area of expertise is remote sensing, photogrammetry, and geospatial intelligence. She earned her PhD from an American university. As of Dr. Y’s filing date, she had published 8 journal papers. Dr. Y’s work had been cited moderately by other researchers. In addition, she has served as a peer reviewer for a few scientific journals.

In support of Dr. Y’s petition, we submitted five strong recommendation letters, including two 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. Specifically, we explained in detail how Dr. Y’s specific prior achievements justify the projected future benefits to the national interest, and how the labor certification requirements for Dr. Y’s case would adversely affect the national interest.

Dr. Y’s case was filed on December 20, 2006, and was approved on June 19, 2007.

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Case #24: Dr. L

Case Type: Eb-2 NIW
Field of Research: ophthalmology
Major Credentials:
PhD from a foreign university
Published 14 journal and conference papers
Cited approximately 45 times by other researchers

Dr. L researches and publishes in the field of ophthalmology. Her area of expertise involves corneal ulceration, a painful condition that can lead to blindness. She earned her PhD in Ophthalmology from a Japanese university. As of Dr. L’s filing date, she had published 14 journal and conference papers in English and Japanese, which had been cited about 45 times by other researchers.

In support of Dr. L’s petition, we submitted five strong recommendation letters, including four 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. Specifically, we explained how Dr. L’s prior achievements had influenced her field of research as a whole, and why this level of influence would serve the national interest to a substantially greater degree than Dr. L’s peers with minimum qualifications.

Dr. L’s case was filed on November 29, 2006, and was approved on June 7, 2007.

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刘宗坤律师（Z. Zac Liu, Esq.），法学博士（J.D., Valparaiso University School of Law）、哲学博士(Ph.D., Peking University)，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。

白凯玲律师 (Kellie Pai, Esq.)，法学博士(J.D.，University of Houston Law Center)、文学学士(B.A., University of Texas at Austin),德克萨斯州最高法院执照，刘宗坤联合律师事务所专业移民律师。

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