无美国学位博士后EB2NIW 4 个月2 天批准: 博士后,博士生,高科技小公司研究人员绿卡申请回顾(9)
许多没有在美国获得学位的博士后对通过EB2NIW 申请绿卡有疑虑. 我们有众多成功案例证明, 即使没有在美国获得学位, 经过我们根据移民法和证据法原则, 认真准备申请证据, 仍然可以顺利通过EB2NIW 方式申请绿卡.
以下是较为详细的信息介绍.
Many postdoctoral researchers conduct research in universities or research institutions in the United States without a U.S. degree. These postdoctoral researchers obtained their degrees from their home countries, such as Korea or China, and usually have more difficulty finding ideal jobs in the United States without a green card in comparison to postdoctoral researchers who received U.S. degrees. However, it is still possible to be approved without a U.S. degree in a short period of time.
Our law firm has had many successful experiences with postdoctoral researchers who did NOT have U.S. degrees applying for U.S. Permanent Residency under EB2NIW. The following is a case analysis to help readers understand that a U.S. Ph.D. degree is NOT a legal requirement to obtaining your green card in an EB2NIW (National Interest Waiver) case.
On July 18, 2008, our office received an E-Approval Notice from the CIS Texas Service Center that an EB2NIW submitted on March 17, 2008 was approved. There was no RFE issued. This approved EB2NIW consisted of the following:
1. The applicant was a postdoctoral research fellow in a reputable university in California. Although current immigration procedure required that the case be submitted to the Nebraska Service Center, we managed (after extensive, in-depth research) to submit his case to the CIS Texas Service Center because we knew the Texas Service Center had a faster processing time.
2. The applicant received his medical degree and his Ph.D. degree in his home country. He did not have a U.S. degree. According to immigration law, applicants who wish to apply for EB2NIW must have advanced degrees or exceptional ability. Many postdoctoral researchers hesitate to apply for green card because they do not have advanced degrees from the United States. Based on our experience, legal research, and understanding of immigration law and regulations, we advised this client that his case seemed favorable, despite not having a U.S. degree.
3. In our experience, many postdoctoral researchers who do not have U.S. degrees have more extensive publications and research experience. More often, some of their publications are included in the journals of their home country. This applicant had 16 published papers. We helped him prove that the papers published outside of the United States had a national and international impact and highlighted his substantial publications. (For more information on papers published outside of the United States, please refer to our previous newsletter.)
4. Many postdoctoral researchers who have research experience outside of the United States are likely to have more independent citations published by other scientists because their papers have been published for a relatively long time. Our law firm has developed an effective documentation system to help our clients organize the independent citation papers (not self-citation) to prove the impact of our clients’ work. We provided this client detailed instructions to search and document the independent citations. With our guidance, he found a large number of citations to support his EB2NIW application.
5. Expert opinion letters are important to support an EB2NIW. We find that it is important for applicants to identify the experts who can provide the strongest support to his or her EB2NIW. After a detailed discussion, we found that this client was doing research with a Nobel Prize winner. We searched our database since this Nobel Prize winner previously provided opinion letters to some of our other clients. Based on his previous opinion letters, we made a sample for this client and he was able to obtain a strong supporting letter from this influential expert.
After gathering documentation and substantial evidence, we submitted his EB2NIW application on March 17, 2008. This case was approved on July 18, 2008 without RFE.
In summary, with the proper documentation, researchers with advanced degrees from their home countries can obtain approval of their visas in a relatively short period of time. We have seen many of our clients with foreign doctoral degrees apply for EB2NIW, even before they have permanent job positions and/or sponsorship from U.S. companies, and obtain approval. Please remember that EB2NIW can be a self-petition because postdoctoral research position is not a permanent job, and thus, the university or the research institutions may not sponsor the green card application.
We hope this newsletter helped to illustrate that the postdoctoral researchers without academic degrees from the United States can still apply for green card in the classification of EB2NIW.
Also, if you are interested in knowing if you are qualified, our law firm provides free evaluations. You may e-mail your updated resume and contact information to [email protected]. Subject: Green Card Application.
Our contact information: Tel: (310) 481-6118***Fax: (310) 481-6117Email: [email protected] Website: www.sunlawfirm.com
Disclaimer: The above newsletter information is general information. They are NOT legal consultations for any specific case or legal issues.
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