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| 大学研究人员5个月10 天获得绿卡 [I140/I485 Approved June 11, |
| 作者：孙律师
发文时间: 2008年06月21日 21:01:48 |
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LAW OFFICES OF SUN ASSOCIATED WITH SHAUB & WILLIAMS
12121 Wilshire Boulevard, Suite 600, Los Angeles, CA 90025
Tel: (310) 481-6118***Fax: (310) 481-6117
Email: alicesun@earthlink.net Website: www.sunlawfirm.com
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大学研究人员5个月10 天获得绿卡 [I140/I485 Approved June 11, 2008]
TITLE: A University Researcher Gets Green Card in 5 Months and 10 Days
under EB2NIW.
Recently, we have received many inquiries regarding qualifications for
successful EB2NIW filing. This newsletter will address this question by
providing you with (1) current CIS requirements for this category, and (2)
an actual approved EB2NIW case to illustrate what is needed for each
requirement.
On June 11, 2008, CIS Texas Service Center again approved one of our EB2NIW
applications and the concurrently filed I-485 without RFE. Our client was
very thrilled when he received his plastic green card in the mail in a
relatively short period of time. In the interest of confidentiality and
protection of our client’s privacy, we will refer to him as Dr. 909.
1. CIS REQUIREMENT: Applicant shall prove his or her research and
development employment position in the United States. The applicant needs
to prove that his or her works benefit the national interest of the United
States. Therefore, the applicant shall be either doing research and
development in the United States, or has received a job offer to do research
and development in the United States. Although the immigration laws do NOT
limit the areas of applicant’s work to research, researchers have a better
position to prove that their cutting edge works benefit the national
interests.
CLIENT’S QUALIFICATION: Dr. 909 is a researcher at a university in the
United States. Although his University was willing to sponsor his green card
application, Dr. 909 decided to ask our law firm to file his EB2NIW by a
self-petition without the sponsorship from the University for the following
reasons: (1) EB2NIW gives him freedom to change employers so long as his new
job is in his field of specialty and serves the national interest, (2) The
University process is very slow. The employer assigned an attorney who did
not provide Dr. 909 with sufficient help because the lawyer was NOT Dr. 909
’s lawyer. In the United States, this is a very important issue regarding
retaining lawyers. The University lawyer works for the University. Therefore
, the communications between the attorney and client are very much limited
to the University lawyer and the University human resource personnel, and
not between the lawyer and Dr. 909 since Dr. 909 is not the attorney’s
client. By contrast, in an EB2NIW self-petition case, Dr. 909 can retain his
own lawyer. Our law firm is HIS lawyer and we directly communicate with him
, which substantially sped up the case preparation process. He has the right
to call and e-mail our law firm directly for his questions in relation to
his U.S. Permanent Residency application at any time and always receives a
prompt response.
2. CIS REQUIREMENT: Applicant shall have advanced degrees.
CLIENT’S QUALIFICATION: Dr. 909 received a Ph.D. degree in Aerospace
Engineering from the University of Michigan and a Master’s degree from a
University outside of the United States.
Advanced degrees are NOT limited to Master’s and Ph.D. degrees received in
the United States. Many of our approved EB2NIW cases submitted Master’s and
Ph.D. degrees received abroad. We have helped them to prepare evidence to
prove that these academic degrees are the equivalent of the U.S. advanced
degrees.
3. CIS REQUIREMENT: The applicant’s work shall serve the important
national interest of the United States.
CLIENT’S QUALIFICATION: Dr. 909 was a research scientist and played a key
role in research projects sponsored by some leading national and military
research institutions, such as the National Aeronautics and Space
Administration (NASA), in the fields of microgravity combustion, thermal
fluid science, and microfluidics.
4. CIS REQUIREMENT: The applicant’s accomplishments shall have a national
and international impact to prove that he serves the national interest to a
substantially greater degree than the workers ordinarily encountered in the
field.
CLIENT’S QUALIFICATION: In the last 12 years, our law firm has developed a
sophisticated documentation system based on the CIS evidentiary
requirements. Proof of the success of our documentation system can be seen
by the fact that a vast majority of our CIS-reviewed EB2NIW applications
have been approved without CIS request for further evidence (RFE).
For Dr. 909, we documented the following evidence to support his EB2NIW:
about 10 published first-author and co-author scientific papers in peer-
reviewed professional journals, 2 submitted papers, 1 book-chapter, and
about 20 professional conference presentations. In addition to the
abovementioned hard evidence, we also helped him document the evidence to
prove that he has been recognized by his peers worldwide to be an
outstanding research scientist in his field and his accomplishments have a
national and international impact.
5. RESULT: After we reviewed all of his evidence, we were confident that
his EB2NIW would have a very good chance of being approved. We therefore
suggested that he file his I-485, et al, applications concurrently under the
CIS concurrent filing policy. Both petitions were filed on January 30, 2008
.
Due to the concurrently filing procedure, both his I-140 EB2NIW and his I-
485 Application for Adjustment of Status were approved at the same time on
June 11, 2008.
The above introduced case provides some basic information of a successful
EB2NIW application. Many postdoctoral researchers and researchers in non-
profit or even for-profit organizations and companies are qualified for
EB2NIW.
We hope this newsletter helped to illustrate what is needed for a successful
EB2NIW case. Should you have any questions, please do not hesitate to
contact our office.
Our contact information: Tel: (310) 481-6118***Fax: (310) 481-6117
Email: alicesun@earthlink.net Website: www.sunlawfirm.com
Also, if you are interested in knowing if you are qualified, our law firm
provides free evaluation. You may e-mail your updated resume and contact
information to alicesun@earthlink.net. Subject: Green Card Application.
Disclaimer: The above newsletter information is general information. They
are NOT legal consultations for any specific case or legal issues.
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