Success Stories: NIW and EB-1A Petitions Approved for Chinese Postdoctoral Research Associate in North Carolina in the Field of Applied Physics

 

Client’s Testimonial:

“SO EXCITED! Thank you so much for all your efforts. I will definitely recommend your firm to my friends.”

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Case Summary:

A well-known postdoctoral research associate from China hired North America Immigration Law Group to help her with the first step of the green card process: the I-140 petition. Our client opted to file two I-140 petitions—one under EB-2 NIW (National Interest Waiver) and the other under EB-1A (Alien of Extraordinary Ability). Many petitioners choose this route as it gives them a higher chance of obtaining petition approval. In this case, both our client’s petitions were approved. We are particularly pleased that our well-prepared presentation of our client’s credentials resulted in an EB-1A petition approval as this allows her to file an I-485 application (final step towards a green card) without having to wait several years for her priority date to become current.

What does ‘priority date’ mean?

According to the USCIS, “Priority dates are numerical limitations (preferences) assigned to eligible applicants seeking to immigrate to the United States. This is solely due to the maximum number of visas issued per fiscal year (October 1 through September 30) that are divided into family sponsored, employment based, and diversity immigrant visas.”

For green card applicants born in certain countries (such as China) with approved I-140 petitions from certain visa categories (such as EB-2 NIW), they cannot file an I-485 application until their priority date is current, which can take up to several years. For the latest updates on current priority dates, please refer to our visa bulletin: http://www.wegreened.com/visabulletin/

Strong EB-2 NIW and EB-1A petition packets:

Despite being two different visa categories with different requirements, there were overlapping details contained in our client’s EB-2 NIW and EB-1A petition packets. This is where the similarities lay:

1. Professional accomplishments: Both petition packets contained data on our client’s 7 journal articles, her 9 conference papers, the 16 times she assessed the work of her peers, and the 80 citations to her work.
2. Research endeavors: We incorporated information on our client’s research ventures in the field of applied physics such as the use of novel imaging techniques like digital holographic microscopy and optical coherence tomography to study the motility of biological cells and tissues.
3. Third-party support: Both petition packets were partly composed of recommendation letters contributed by other leaders in the field. We used the same letters in both these petition presentations to strengthen our claim that our client is an asset to the United States and that her work contributes to the nation’s efforts to combat breast cancer. Here is a quote extracted from one of the letters: “The removal of [Client] from the United States’ academic community would only serve to slow the rate at which scientists are able to develop novel imaging technologies and identify new ways to utilize them.”

Story of success:

We would like to congratulate our client for obtaining two petition approvals, and we wish her the best as she embarks on the final leg of her green card journey. We thank her for choosing to work with our law firm, and wish her well with her continued research in the field of applied physics.