Success Stories: Despite NOID, Chinese Research Associate in the Field of Earth Science Receives EB1A Approval Followed by NIW Approval

Client’s Testimonial:

“I cannot express appreciation to your firm throughout the whole process to both my cases. […]Many many thanks!!!!”

On May 5^th, 2017, and September 9^th, 2017, we received another EB-1A (Alien of Extraordinary Ability) and EB-2 NIW (National Interest Waiver) approval for a Research Associate in the Field of Earth Science (Approval Notice).

General Field: Earth Science

Position at the Time of Case Filing: Research Associate

Country of Origin: China

Service Center: Nebraska Service Center (NSC)

State of Residence at the Time of Filing: Maryland

Approval Notice Date: May 5^th, 2017 (EB1A), September 9^th, 2017 (NIW)

Processing Time: 5 months, 4 Days (EB1A) and 11 months, 11 days (NIW)

Case Summary:

A research associate from China hired North America Immigration Law Group (NAILG) to help her move one step closer to a green card. After evaluating her credentials, we advised our client to file two I-140 petitions: one under EB-1A (Alien of Extraordinary Ability) and another under EB-2 NIW (National Interest Waiver). It is not uncommon for petitioners to file more than one I-140 as it increases their chances of securing petition approval.

We filed our client’s NIW petition first and nearly a year later, received notification of case approval. As for her EB1A petition, we filed it roughly 2 months after the NIW and secured approval 5 months later. Despite our best efforts, our client’s EB1A was issued a Notice of Intent to Deny (NOID), which means the USCIS intended to deny her petition. However, our team promptly responded to the NOID and subsequently convinced the USCIS that our client deserved to have her EB1A approved.

So what did both winning petitions contain?

Despite being two different I-140 categories with different criteria for approval, our client’s NIW and EB1A petition packets contained overlapping information. For instance, we listed her two doctoral degrees and information on her research in the field of earth science, particularly on remote sensing. We concluded that research addresses some of the United States’ most pressing issues in understanding water resource management, flood and drought hazards, and climate change preparedness.

We also listed the 87 times her 16 publications had been cited as well as the 6 times she judged the work of her peers. Our client’s petitions also contained the same set of recommendation letters contributed by other expert earth scientists. As an example, this is what one of her recommenders said about her work: “As has been established in her career, [Client] has had both a practical and theoretical influence on her field, as such she has been recognized as a vital contributor to meteorological research. Indeed, I am certain that if she were unable to continue with her research here, there would be significant delays in progress in U.S.”

We congratulate our client for moving one big step closer to US permanent residency, and we wish her the best as she adjusts her status for permanent residence.

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

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With more than 47,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

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With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

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