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 5th, 2017, and September 9th, 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 5th, 2017 (EB1A), September 9th, 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.