Case Summary:

For an NIW petition to be successful, we need to show that our client possesses an “advanced degree” or “exceptional ability” in their chosen field. The petitioner must also convincingly demonstrate that their proposed endeavor holds substantial merit and national importance, that they are well-positioned to advance this endeavor, and that it would be beneficial to the United States to waive the standard requirements of a job offer and labor certification. While each NIW case is judged on its individual merits, the burden of proof always lies with the beneficiary to establish that exemption from labor certification would be in the national interest of the U.S.

When our client, an IC failure analysis engineer in the field of electrical engineering from China, approached North America Immigration Law Group for assistance in filing his NIW petition, our team made sure to gather the following data for his NIW petition packet:

• We unveiled that as an expert in the field, our client’s proposed endeavor is to continue designing and implementing state-of-the-art methods to diagnose the failure of integrated circuit (IC) products in order to enhance the United States semiconductor market.
• Therefore, we were certain that our client’s research has great importance because it improves the failure analysis of ICs. It should also be noted that his research into IC failure analysis and novel semiconductor product development will continue to be circulated to others in the field through the publication of papers in peer-reviewed journals.
• Thus, we noted that his research has resulted in 11 peer-reviewed journal articles (6 of them first-authored). He has published these papers in no fewer than 7 highly ranked peer-reviewed journals, altogether acquiring a total of 712 citations from many other scholarly experts in the field.
• In addition, we highlighted that research has been supported with funding from the National Science Foundation. This funding is reserved solely for research directed at advancing the national interest, including advancing scientific and technological development in the United States in order to promote national prosperity.

While filing for his NIW case, our meticulous team remained strong and quickly gathered substantial evidence, as stated above. We were very well able to convince USCIS of his research achievements in the field of electrical engineering which align with the current goals of the United States and firmly establish the need for his continued research. Thus, our client was successful in securing his NIW approval from USCIS in just 5 days that too without any RFE. We gratefully acknowledge his decision to retain our services. This case, once again, demonstrates that the Chen Immigration team is extremely competent and excels in providing high-quality services to our valued clients. We would also like to offer him our heartfelt congrats.