NIW Becomes EB-1A
A post-doctoral researcher in the field of mathematical physics approached us seeking a path to permanent residency. His area of expertise focused on solutions to a mathematical equation that describes the movement of fluids and is famous for being unsolvable. Given the highly technical and abstract nature of this topic, as well as the fact that he was early in his career, framing his accomplishments required special consideration. We prepared an application for a National Interest Waiver (EB-2) and emphasized the foundational nature of his research to industries such as medicine, civil engineering, aviation, and meteorology, as well as its relevance to the improvement and development of critical technologies, including engines, wind turbines, and oil pipelines, to name a few. While preparing his application and considering the worldwide backlog in the EB-2 category, we felt that he may also qualify for an EB-1A petition as an alien of Extraordinary Ability. This was based on his receipt of awards from an R1 Doctoral University, the rank of experts describing his work as “revolutionary” and “groundbreaking,” his critical role at top-ranked institutions, and more. Our approach proved highly successful, as both petitions were approved and he was able to quickly adjust status without waiting for a priority date to become current.
One Size Does Not Fit All
A physician consulted us after receiving a request for evidence (RFE) on his EB-1A petition. His attorney advised him to withdraw and refile, hoping a different adjudicator would approve the case notwithstanding the previous RFE. We advised against the “spaghetti at the wall” approach, for many reasons, including that there is no guarantee that there will be a better outcome, he would lose the priority date, and it would require paying the filing fees all over again. In addition, upon reviewing the physician’s CV and the submitted petition, it appeared that many of his strengths were not addressed in the original petition. For example, this physician was extremely subspecialized – having been the first to perform certain procedures in his state. He also held leadership positions at a well-recognized academic medical center, his findings were featured in editorials and comments, and he commanded a high salary. In our response to the RFE, we focused on these missing elements – not the issues raised by the RFE – and the petition was quickly approved.
Translating Complex Concepts into Everyday Language
An Associate Research Scientist developed approaches to mitigate the adverse effects of cancer treatments on healthy cells, with her findings published in about a dozen articles in well-regarded journals. However, her work was very technical, focusing on the generation of novel compounds that inhibit a distinct region of transcription factors critical to DNA replication. Given that USCIS adjudicators are not molecular biologists or pharmacologists, we were concerned that it would be difficult for them to understand the importance of her contributions. We worked with the client, asking detailed and probing questions to improve our understanding of what she did, its significance, and how to best explain it to adjudicators. This allowed us to draft compelling narratives through expert testimonials that clearly explained what was involved in her development of important compounds, highlighting her expertise while keeping it comprehensible. Ultimately, we were able to secure the I-140 Outstanding Researcher classification for our client, which allowed her to continue conducting important cancer research at a leading institution.
Meshing Seemingly Disparate Fields
A bioengineer with years of experience developing biosensors in her home country was now working in the US in completely different fields of research, with topics ranging from the study of cardiovascular conditions to the molecular physiology of auditory cells. Her publications were not related to these topics, and her prior scholarship on biosensors was not current or well-documented. When preparing the National Interest Waiver petition, we focused on the technical expertise gained via her expertise in biosensor development—including all the sophisticated chemical and biological engineering skills that entails. Expert testimonials provided detailed descriptions of her application of this sophisticated expertise to the myriad fields. Evidence was also submitted of her critical and essential role in NIH-funded research. Very quickly, the NIW was approved.
STEM Education is for Everyone
A lecturer in economics was nearing the end of her six years in H-1B status and was not eligible for institutional sponsorship. With only one publication in a minor journal and a handful of presentations, the options for self-petitions seemed limited. However, the lecturer was pursuing research to improve access to STEM education. Moreover, she already characterized several factors that affect student persistence in STEM fields, finding that these factors disproportionately impact women and minorities. Her work received recognition from several experts at prestigious academic institutions. She was also featured in an article published by a professional association in the field. With all of this, she received approval of her National Interest Waiver and is now continuing her important work in the U.S.
Successfully Navigating an RFE
A pediatric clinical geneticist required an O-1 to continue working in the U.S. following her fellowship training. While she possessed niche expertise, it was difficult to see how she could establish the regulatory criteria necessary for the O-1. The initial arguments focused on describing her original contributions of major significance, which resulted in three publications in minor journals and a few presentations. It also included proof of her critical and essential roles, and her command of a high salary for a clinical Assistant Professor. USCIS issued a request for additional evidence (RFE) questioning everything except the publications. In response, we proactively used the USCIS policy manual and the plain language of the regulations to counter many of the arguments raised in the RFE. We also questioned the RFE’s assertions, such as statements insisting that the expert letters discussed the group’s accomplishments and not those of our client. In so doing, we successfully demonstrated that she possessed extraordinary ability, and she is now happily working in her dream job.
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