Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition where the AAO has not designated any arbitrary number of independent citations as the cutoff point for waiver eligibility

Background:

The petitioner was about to begin a postdoctoral research position at the University of Texas at Austin (UTA). The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

USCIS Decision:

The director denied the petition on May 6, 2008, acknowledging the petitioner’s “extensive experience within the field of biochemistry and molecular biology” and“unique understanding of ion protein channels,” but concluding that “the record does not persuasively establish that the work being performed by the self-petitioner could not be accomplished by a U.S. worker possessing the same minimum qualifications.”

AAO Decision:

As each decision is considered according to its own merits, the AAO has not designated any arbitrary number of independent citations as the cutoff point for waiver eligibility. A minimally-cited researcher may establish eligibility through other means. Conversely, it is conceivable that heavy citation may not suffice to compensate for other adverse or disqualifying factors. It has never been settled AAO policy to sustain the appeal of every researcher with at least sixteen independent citations to his or her credit.

from Chen Immigration Law Associates

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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