博士后无引用文EB2NIW 3 个月6 天批准： citation 少的申请如何准备
On July 25, 2008 early morning, CIS sent the approval notices of an EB2NIW green card application and the I-485 applications prepared and concurrently filed by our law firm. This case was filed with CIS TSC (Texas) on April 18, 2008. Our client and his entire family received green card in about 3 months and 6 days. [Note: EB2NIW applicants who were NOT born in Mainland China or India may concurrently file I-140 and I-485, et al. If the spouse of the principal applicant was not born in Mainland China or India and are applying for green card together, the applicants may also concurrently file I-140 and I-485. ]
The applicant was a postdoctoral researcher with the University of California, Los Angeles (UCLA). At the time of filing, the applicant had a Ph.D. degree and two Master’s degrees (one from the United States and one from a foreign country). In addition to his academic degrees, he had the following evidence:
1. Three journal publications.
2. Ten conference poster and abstract presentations.
3. No citation papers.
4. One reviewer experience for a professional journal.
In order to help this client prepare a strong EB2 National Interest Waiver application, our law firm focused on the following issues:
1. Help client prove that his research contributions surpass that had been published at the time of filing.
Many young postdoctoral researchers do not have extensive journal publications. They therefore hesitate to file EB2NIW application. Based on our more than 12 years of successful experience, our law firm has developed a successful method to help our clients prove that their research contributions are far beyond what has been published.
According to our understanding of the Rules of Evidence, we help our clients to provide other relevant evidence to prove that they have substantial ongoing research contributions that have not been published or are in the process of being published.
We applied our method to this client’s EB2NIW application. With our detailed guidelines and samples, this client prepared and provided substantial evidence to prove that his research contributions are much more than the three published papers.
2. Make in-depth legal analysis to overcome the lack of citations.
Recently, many EB2NIW applicants received CIS request for evidence of citations after they file EB2NIW. A large number of postdoctoral researchers and Ph.D. students postpone their green card application because they cannot find extensive independent citations of their papers. Our client had NO citation papers. We faced a challenge to help the client overcome the lack of citations.
First of all, we did extensive legal research to identify the rationale for CIS to seek extensive citations of an EB2NIW applicant. Pursuant to NYSDOT, a legal authority of EB2NIW, we believe that citations are used as evidence to prove the national and international impact of an EB2NIW applicant’s work. Extensive citations can also prove that an EB2NIW applicant’s work has been recognized by his or her peers.
The next step for us is to help this client prepare evidence to prove that zero citation does NOT mean that his work has NO national and international impact, nor does it prove that his work is not recognized by his peers.
Working closely with our client, we collected convincing statistics and media reports to prove that his research discoveries have significant national impact on our national defense and national security. Some of these statistics and media articles are published by reliable U.S. governmental agencies websites.
In addition, we helped this client prepare strong and well-drafted expert opinion letters from different types of experts in the field to discuss why our client is qualified for an EB2NIW and what evidence warranted an approvel of this client’s green card application.
The CIS TSC Adjudication Officer approved this EB2NIW application in 3 months and 6 days without RFE. This case proves again that the evidence preparation method for EB2NIW applications developed by our law firm is successful, which can help our clients prepare a well-documented EB2NIW even our clients do not have some CIS frequently demanded evidence such as citations.
Because we are confident with our evidence preparation and legal arguments rendered to this case, we advised the client to file I485 for all the family members concurrently with his I140 EB2NIW. All the family members received I485 approval notices at the same time.
We hope this newsletter helped to illustrate what is needed for a successful EB2NIW case.
Also, if you are interested in knowing whether 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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